Terms & Conditions

When you use this Site the following terms and conditions apply. The Site is the copyright of Boardcave.com Pty Ltd. All rights reserved. Images and content on the Site may not be copied, saved or used in any format other than as incidental to your permitted use of the Site. SMTH Shapes AU/NZ is part of the Cavewire group. "We" & "our" refer to Boardcave.com Pty Ltd ACN 154 901 425 and its associated entities as applicable.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to SMTH Shapes AU/NZ indicates acceptance of these terms and conditions.

SMTH Shapes AU/NZ reserves the right to make changes to this site and these terms and conditions at any time. By ordering or registering on SMTH Shapes AU/NZ you grant us the right to add your contact details to our database. From time to time we may contact you about offers and new products. You can easily be removed by either unsubscribing via a link or contacting our Customer Service at team@smthsurf.com.au and we will remove you from our marketing communications.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. SMTH Shapes AU/NZ reserves the right at any time after receipt of your order to accept or decline your order for any reason. SMTH Shapes AU/NZ reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by the SMTH Shapes AU/NZ credit and fraud avoidance department. We may require additional verifications or information before accepting any order. SMTH Shapes AU/NZ is a reseller to end user customers and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by SMTH Shapes AU/NZ.

Delivery of Product and Manufacturing Lead Times

Timing for the delivery of products, including but not limited to surfboard orders, varies depending upon the surfboard ordered. Factors including but not limited to artwork, glassing, materials, construction (i.e. PU foam, epoxy, etc.) and holiday periods can affect the time of completion and delivery of a surfboard.

The delivery times provided by SMTH Shapes AU/NZ are estimates only. SMTH Shapes AU/NZ will not be held accountable for late deliveries but we will do our best to ensure the surfboard gets to you as quick and safely as possible. In the event that multiple items are ordered, part of your order may be delivered at different times. For example, your fins might arrive prior to your surfboard, in different packaging. All reasonable attempts to notify you will be made using the details you provided. Please ensure you enter the correct delivery address. SMTH Shapes AU/NZ cannot be held responsible for incorrectly entered delivery addresses.

Product Delivery and Acceptance Requirements

You or someone at your specified delivery address will be required to sign upon delivery of all products. Customers will be notified via email that their ordered product(s) have been sent with an estimate of the product(s) arrival time. If the customer is not at the specified location to sign for the product there will be fees in place for a redelivery at a later date. If the nominated place of delivery should be unattended, the Shipping Company may store the goods and if the Goods are stored there will be costs involved ($40) for the storage and redelivery of the products(s).

Customers are responsible for inspecting the goods for fault and notifying us within 2 working days of receiving the goods should there be a fault. If for any reason your product(s) are damaged please email photos of the damage and the packaging to team@smthsurf.com.au within 48hrs of taking delivery.

NOTE: Please keep all packaging and shipping boxes in the event the product(s) need to be sent back to the suppliers (shapers). We will work with you to get your products returned back to you as quickly as possible.

Damages

SMTH Shapes AU/NZ enforces a strict packing policy and we work with delivery partners that specialise in shipping expensive handmade products such as surfboards; damages are rare. If, for any reason your surfboard is damaged in transit, our safe shipping guarantee ensures that we will cover the full cost to repair your surfboard to an as new condition, with approval.

It is very important that you inspect your package at the time of delivery. If you notice any damages to the box, or more importantly, to your surfboard please keep all original packaging and complete this Boardcave & SMTH Shapes Damages Claim Form within 24 hours of receiving your order. Once your form has been submitted, we will process your claim within 1-2 business days and will provide instructions on the next steps so you can be surfing your new board as soon as possible.

For damages that occur after your order has been safely delivered and has been used, we will do everything possible to assist you. Please complete the damage form as per our normal processes above and provide as much detail on the conditions where the damage occurred and photos. If the board is found to have a manufacturing defect, we will work with it’s manufacturers to get you the best outcome. In any case, warranties for surfboards must be taken up directly with the manufacturer and compensation is not guaranteed.

Return Policy

Unfortunately, SMTH Shapes AU/NZ cannot accept refunds or returns for a change of mind. We are available on live chat, phone and email to help ensure your order is exactly what you are looking for before you place it. If you wish to return an item purchased from SMTH Shapes AU/NZ, please complete the Boardcave & SMTH Shapes Returns Form. Once your form has been submitted, we will process your claim within 1-2 business days. Shipping of all returns due to faulty or incorrect product will be covered by SMTH Shapes AU/NZ and processed as a priority.

All refunds, exchanges and store credits are subject to product inspection. A refund, exchange or store credit will only be processed after the product has been received, inspected and determined to be in a brand new, unused condition and in original packaging suitable for resale.

If you’d prefer an exchange, please let us know so we can ensure the alternative product and/or size is available for you. Please note, refunds will only be processed onto the payment method that was used to originally place the order.

Please allow 5-10 business days from when your order has been received by our warehouse for your return claim to be completed.

Changes to Orders and Cancellations

Please contact us by LIVE CHAT or email immediately with the order modifications you would like. Please note that not all changes cannot be guaranteed as surfboard orders may be too far into the manufacturing process. Ensuring that your order is correct on the checkout page and in your confirmation email, is the best way to save any disappointment at a later date. We advise you carefully read through everything you have selected on our checkout page to ensure you are happy with your order prior to clicking the “Place Order” button.

For custom surfboard orders, we do not offer Cancellations. These orders are one of a kind and handmade to what you selected at the time of placing your order. As these are not a stock product, we are not in a position to cancel this order. Please note, custom boards are shaped and finished by hand and estimating the lead time is not as accurate as ordering a stock surfboard. As cancellations are not allowed with these orders, we recommend you order well in advance if you need the board for a specific date. You can always speak with our team on LIVE CHAT to help you decide if a custom handmade surfboard is best for you, to meet any deadlines and requirements you have. Custom surfboard order lead times during holiday periods, online shopping days and pandemics can blow out due to factors outside of our control. If you have concerns with this, please don't hesitate to contact our team to get better visibility, prior to placing your order.

Administration Fees

If you wish to cancel your order for any reason we must be notified within 24 hours of your order being placed. Failure to do this will result in a $50 admin/transaction fee. To cancel an order please call (07) 5551 4195 or email team@smthsurf.com.au - Cancelations within 24 hours or the order being placed will incur only a transaction fee for the processing of the payment and refund.

Changes to custom surfboard orders outside of 24hrs will incur a $20 Administration Fee. Changes normally result in wasted materials and a stop in production to update order forms and advise factory workers. If your order cannot be changed and you have submitted the change request, you will still incur this fee due to the stop in production.

Change of Address

SMTH Shapes AU/NZ cannot be held responsible for an incorrect address being entered on your order. Address confirmation is given on the checkout page. If this is not noticed until after your order is finalised, please contact Customer Service immediately (team@smthsurf.com.au). We will attempt to update any incorrect order details, however SMTH Shapes AU/NZ is not liable for any changes of address.

Pick Up Surfboards

Customers who live nearby shapers can select to pick up their surfboard from the shaper. You will be notified via email when your surfboard is ready to be picked up from the shapers location. The shapers address will be specified on your confirmation email. NOTE: You will be required to present ID when picking up your surfboard or you can provide your SMTH Shapes AU/NZ confirmation ID detailed on your confirmation email.

Shipping Information

Surfboard orders will be shipped as soon as they are finished being manufactured. Manufacturing time varies based on board specifications. Once completed delivery takes approximately 2 to 7 business days. Delivery time depends on your distance from the manufacturer. Once your order has shipped you will receive an e-mail containing your itemised order, shipping carrier, tracking number, and estimated arrival date. All shipments are given the choice of home or business delivery. Delivery to a business is always recommended.

Surfboard Artwork

Product images and colours may vary when being viewed on a computer screen. Furthermore, variations in the surfboard artwork can occur in the manufacturing process, as artwork is completed by hand. Resin artwork, Inlays and sprays may show fibres due to the majority of artwork being manufactured into the board for longevity. This custom artwork is completed by skilled craftsman at the top of their craft and each board is 100% unique

Surfboard Finishing

All surfboards on SMTH Shapes AU/NZ are finished by hand and the finish of each board depends on the materials, construction, artwork etc that has been selected. The appearance of each finish varies as different materials require different manufacturing techniques and processes to produce handmade quality products. Certain finishes do appear rougher then others and small blemishes, carbon fibres, and sanding scuffs are common on all surfboards. This is a fact of surfboard manufacturing, please inquire at team@smthsurf.com.au prior to ordering if you wish to find out further information.

Logo Placement & Colour

Logo Placement and colour are at the discretion of the surfboard manufacturer. Any request will be taken into consideration by the manufacturer, but can not be guaranteed.

Shipping Special Instructions for Courier

The special instructions box on the delivery page of the checkout is used for any instructions to help the driver make delivery of your order (e.g. "Second house up the driveway", "Office hours 8-5"). Drivers are unable to grant specific requests such as "Deliver between 1-2pm" or "Leave parcel inside gate around the corner". SMTH Shapes AU/NZ cannot be held responsible if your instructions are not followed.

Ordering More Than One Board

To order more than one surfboard please email team@smthsurf.com.au with any questions as we may be able to negotiate a better shipping rate for you.

International Surfboard Shipping

International shipping is automatically calculated on the checkout page for the vast majority of countries. The fee is based on quotes that are provided by our partner freight companies. In rare cases, the location of the shipment does not specifically match the quote on the checkout page. If an order is placed and there is a discrepancy between the shipping fee and the actual shipping cost, a SMTH Shapes AU/NZ team member will promptly contact you. If you are unsure about the international shipping fee that is automatically calculated you can contact us for more information. International customers will be required to pay any duties and taxes upon arrival of their items.

Pricing

Prices are subject to change without notice. All Suppliers (Surfboard, Surf Hardware Companies) have full access to their listings on SMTH Shapes AU/NZ with the ability to change their pricing at anytime.

Usage of Gift Vouchers & Coupons

Multiple gift vouchers can be added at checkout to combine the value of all the gifts into one order. However, a gift voucher can not be used to buy another gift voucher. Other than promotions that are specifically for a discount on a gift voucher, no other coupon codes are valid for the purchase of a gift vouchers.

Product Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether expressed or implied. To the fullest extent permissible pursuant to applicable law, SMTH Shapes AU/NZ, disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

SMTH Shapes AU/NZ, does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. SMTH Shapes AU/NZ, does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Without affecting any of your statutory consumer rights that cannot be lawfully excluded or limited we will not be liable for any losses, damages, liability, claims or expenses (howsoever caused, including negligence, and whether direct, indirect or consequential) arising from the use of or connected with SMTH Shapes AU/NZ we make no warranty or representation as to the fitness or suitability of the Site or any linked site.

Liability

SMTH Shapes AU/NZ is not liable for any losses or damages caused by this website or any website linked to or from this website. We reserve the right to refuse any order without giving reason. Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method received.

Typographical Errors

In the event that a SMTH Shapes AU/NZ product is mistakenly listed at an incorrect price, or with incorrect product information, SMTH Shapes AU/NZ, reserves the right to refuse or cancel any orders placed for incorrectly listed product(s). SMTH Shapes AU/NZ, reserves 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, SMTH Shapes AU/NZ shall issue a credit to your credit card account in the amount of the incorrect price.

Term Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration process. These terms and conditions, or any part of them, may be terminated by SMTH Shapes AU/NZ, without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of abusive or obscene language, is strictly forbidden. Impersonation of others, including a SMTH Shapes AU/NZ or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is obscene, threatening, defamatory, invasive of privacy or publicity rights, illegal, abusive, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organisation. By registering an account on the site you agree to be subscribed to our email communications. You may unsubscribe at any time by logging into your account, navigating to the menu "Newsletter Subscription" and updating your preference. All email communications will also contain a link to unsubscribe.

Participation Disclaimer

SMTH Shapes AU/NZ does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, SMTH Shapes AU/NZ is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, SMTH Shapes AU/NZ, reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to SMTH Shapes AU/NZ in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless SMTH Shapes AU/NZ, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our users, SMTH Shapes AU/NZ may link to sites operated by third parties. However, even if the third party is affiliated with SMTH Shapes AU/NZ, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of SMTH Shapes AU/NZ. These linked sites are only for your convenience and therefore you access them at your own risk.

Fairness

We always try to settle any issues or complaints quickly and fairly. Any correspondence should be sent to team@smthsurf.com.au.

Copyright

This site is owned and operated by Boardcave.com Pty Ltd. All systems and software used on this site are the sole property of Boardcave.com Pty Ltd or those supplying the software. The entire content included in this site, including but not limited to graphics, code, or text, is copyrighted as a collective work under Australian and other copyright laws, and is the property of Boardcave.com Pty Ltd.

Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the Board Engine, Board Pages, Brand pages and general site assembly and arrangement thereof, are the sole property of Boardcave.com Pty Ltd. You may use the content of this site only for the purpose of placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Boardcave.com Pty Ltd prior written permission. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Trademarks

All trademarks, service marks and trade names of SMTH Shapes AU/NZ, used in the site are trademarks or registered trademarks of SMTH Shapes AU/NZ.

General

These terms and conditions are governed by the laws of Queensland, Australia. We receive payments from our surfboard and surf hardware suppliers for the provision of our booking service. All references to "we", "our" and "us" are references to Boardcave.com Pty Ltd ACN 154 901 425. For information on how we deal with your personal information please refer to our privacy policy.

We may change or modify all or any part of these terms and conditions by posting changes to the Site.

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