TERMS & CONDITIONS

OVERVIEW

Welcome to the BLUEJUICE SURF Website. Please review the following basic terms that govern your use of and purchase of products from our Website. Please note that your use of our Website constitutes your agreement to follow and be bound by those terms (the "Agreement"). Throughout the site, the terms "BlueJuice Surf Shop", “we”, “us” and “our” refer to BLUEJUICE SURF This website is operated by BlueJuice Surf. Throughout the site, the terms “we”, “us”, “our” and BlueJuice refer to BlueJuice Surf. BlueJuice Surf offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Wix.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Special discounts offered on our website or on our socials are only valid for clothing items and exclude any hardware, including wetsuits, unless specifically stated otherwise on our BlueJuice Surf website or our BlueJuice Surf socials or any other ways of communication we decide to use.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.

 

We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please also review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall BlueJuice Surf, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless BlueJuice Surf and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of THE NETHERLANDS

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - SHIPPING 
Depending on the region you live in. In general shipping will take 2 to 5 days. 

Shipping costs and discounts on shipping vary per region.

We do not ship surfboards; pick up only.

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SECTION 21 - PARTICIPANT TERMS

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Participant Booking Process. Participants will communicate and book with BlueJuice Surf directly through the Platform. BlueJuice Surf does not offer or accept bookings outside the Platform of the BlueJuice Surf website.When you make a Booking as a Participant, you agree to pay all charges identified in such Booking, including applicable fees, taxes, expenses, costs and other items identified at checkout (collectively, “Total Price”), and agree for BlueJuice Surf to charge you for the Total Price together with any security deposit identified in a Listing. Upon receiving your payment BlueJuice Surf will send you a confirmation for your Booking. When you receive this confirmation of booking a contract is formed directly between you as the Participant, and BlueJuice Surf. Any and all rules, standards, policies or requirements identified in a Listing or during checkout form part of your contract with BlueJuice Surf. Participants are responsible for any modifications to booked Trips that they agree to via the Platform and agree to pay any additional amounts, fees, or taxes associated with any such agreed upon modifications.

 

BlueJuice Surf reserves the right to return the participants payment and decline to issue a booking confirmation at our absolute discretion. 

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Participant Requirements; Participation of Additional Travelers. Booking a Trip as a Participant entitles you to participate in that Trip, but you are responsible for confirming that you and others who you designate for participation ( additional traveler ) in the Trip meet all requirements for such Trip. All participants declare to be in good health and are responsible for informing BlueJuice Surf of any medical or physical conditions or other circumstances that may impact the ability of Participant and Other Travelers to participate in the Trip.. Participants should be able to swim and need to follow safety instructions of the BlueJuice Surf staff and coaches at all times. Surf coaching will be given by qualified and experienced instructors. Participation of activities is on participants own risk. BlueJuice Surf is not responsible for any damage or physical injuries during the participation of an activity. To cover any risks, the participant is responsible to have the right insurances. 

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Assumption of risks. PARTICIPANTS (ON THEIR OWN BEHALF AND ON BEHALF OF EACH OTHER PARTICIPANT) ACKNOWLEDGE THAT EXPERIENCES CARRY INHERENT RISKS AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND PARTICIPATION IN ANY EXPERIENCE, OR ANY OTHER INTERACTION YOU HAVE WITH OTHER PARTICIPANTS WHETHER IN PERSON OR ONLINE. AS A PARTICIPANT, IT IS YOUR RESPONSIBILITY TO INVESTIGATE A TRIP TO DETERMINE WHETHER IT IS SUITABLE FOR YOU AND EACH OTHER PARTICIPANT. EXPERIENCES MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME (ON YOUR BEHALF AND ON BEHALF OF EACH OTHER PARTICIPANT) THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE EXPERIENCES.

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Participant Responsibilities; Minors. Travelers are responsible and liable for their own acts and omissions and are also responsible for the acts and omissions of Other Travelers or other persons that participate in a Trip. Travelers must (and must cause Other Travelers to) comply with applicable laws at all times while using the Platform or participating in a Trip. If a Participant is booking for an additional participant in a Trip who is a minor, or brings a minor to a Trip, that Participant must be legally authorized to act on behalf of the minor and is solely responsible for the supervision of that minor.

 

Participant Cancellations. If you are a Participant and seek to cancel a Booking, the amount that may be refunded to you (if any) is determined in our BlueJuice Surf Cancellation Policy which states the following:

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• Up to 6 weeks prior to start of course/service: 100% of the total amount will be refunded

• Between 6 weeks and 14 days prior to start of course/service: 50% of the total amount will be refunded

• Less than 14 days prior to start of course/service: No refunds will be made

• Cancelling an activity, excursion or rental during a course will not be refunded to the participant by BlueJuice Surf.

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Participant Refunds for Extenuating Circumstances.

The Extenuating Circumstances policy of BlueJuice Surf addresses unforeseen situations occurring less than 14 days prior to the start of the course/service. Participants are unable to participate in an experience and can no longer cancel at their discretion. In these situations, BlueJuice Surf will determine whether to supersede the BlueJuice Surf cancellation policy. Depending on the circumstances, Participants may receive a partial travel-credit-compensation for a future journey to resolve the issue. Under no circumstances will this compensation exceed more than 25% of the original total amount. The BlueJuice Surf Extenuating Circumstances policy applies in the following situations:.  

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• Personal emergencies In the unfortunate event of a personal emergency, such as an illness or a death in the family, BlueJuice Surf may require the Participant to provide official documentation about this emergency, The participant guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement. If the participant provides incorrect information and this leads to additional costs for BlueJuice Surf, these costs may be charged.

• Governmental restrictions Unforeseen travel restrictions due to Government-declared emergencies or epidemics or public health emergencies—think COVID.. A government agency imposes a new travel requirement or restriction, and these prevent a traveler from his or her journey.. 

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Extenuating Circumstances do not include

Everything else. We're very sorry if you have an injury or illness, or you fail to catch your flight. But these unfortunate events do not require BlueJuice Surf to override the stated cancellation policy. In these situations, travelers are welcome to cancel, but any refunds are subject to our cancellation policy as stated above.​​

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SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@bluejuicesurfcom
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