1.1 - For any business relationship between Stryder Sports and the customer starting from 01.01.2019 the following General Terms and Conditions will apply, regardless of the means of communication used.
1.2 - The customer recognises the validity of the Stryder Sports General Terms and Conditions for the entire business relationship. Stryder Sports will not recognise any different conditions of the customer unless the management of Stryder Sports has expressly agreed in writing to their validity. If the customer enters into a business relationship with Stryder Sports by using the website, he/she recognises the General Terms and Conditions as the basis for the entire business relationship between the customer and Stryder Sports.
CLOSURE OF THE PURCHASE CONTRACT AND CANCELLATION
2.1 - The presentation of products within the framework of the Online Shop does not represent a legally binding offer but rather an in-line catalogue without obligation. By clicking the checkout button, you are making a binding order for the goods contained in the shopping basket. An email confirming and containing the receipt of the order will occur after payment has been secured. This confirmation e-mail represents the acceptance of the contract by Stryder Sports.
2.2 - You have the possibility of making the purchase contract in English. The ordering and transaction language will also be English. We will store the text of the contract and will send you the order details by e-mail or mail. You may consult previous orders in your customer account, provided that you have registered with us. You can always contact us to receive details on your order at any stage.
2.3 - If we cannot accept the offer or should certain products in an order not be available, then you will be informed immediately by email or phone call and offered a full refund for missing items.
2.4 - Stryder Sports reserves the right to withdraw from the sales contract in cases of print or wording or calculation mistakes on the website.
2.5 - All offers are valid as long as stocks last. Should our supplier despite contractual agreement not be able to deliver the ordered products then we equally have the right to cancel a contract with a customer. In this case you will be informed without delay that the ordered product cannot be delivered. The already paid purchase price will be returned within 14 business days (with Saturday not being considered a business day) of or set against other products. We may refuse repayment until we have received back the goods again or you have sent us proof of having sent back the goods, whichever occurs first.
2.6 Policies regarding the conditions for and consequences of cancellation are set out in the following section Cancellation Policy
CANCELLATION POLICY FOR CORE KITEBOARDS, ACCESSORIES AND APPAREL
2.2.1 - You have the right to cancel this contract within fourteen (14) days without stating any reason. The statutory cancellation period is fourteen (14) days days starting from the day when you or a third party, who is not the carrier, has taken possession of the items or, in the case of part deliveries, the final item. However, Stryder Sports exceeds this period and grants you thirty (30) days to cancel this contract without stating any reason.
In order to cancel your contract, you need to declare clearly in writing the wish to cancel. A clear declaration can be done by conventional mail or e-mail (contact details below). You are also welcome to use the sample request for cancellation included (Section 2.2.4). To observe the cancellation period, it is sufficient for you to send the statement of your wish to exercise your cancellation rights before the expiry of the cancellation period.
Fir Tree Farm
Consequences of cancellation
2.2.2 - If you cancel this contract, we have to return to you any payments which we have received from you, including delivery costs (with the exception of any supplementary costs arising from your choice of any means of delivery other than our standard most inexpensive delivery option), without delay and at the latest within thirty (30) days from the day on which notice of your cancellation of this contract was received by us. For this repayment we shall use the same means of payment you employed for the original transaction, unless expressly agreed otherwise with you; on no account will you incur any financial charge on our part on account of this repayment.
We may refuse any repayment until we have received back the goods or until you have provided proof (tracking number / proof of postage) that you have sent back the goods depending on whichever is earlier.
You must send back or hand back the goods without delay, and in any case at the latest within thirty (30) days from the day you informed us of the cancellation of this contract, to the address below:
Fir Tree Farm
The deadline is met if you dispatch the goods before the expiry of the period of fourteen (14) days. The cancellation right does not exist in the case of the following contracts unless the parties have agreed otherwise:
- Contracts for the delivery of goods which are not pre-manufactured and the specification for the production of which is determined by the individual choice of the consumer or which are clearly customised for the individual needs of the consumer.
- Contracts for the delivery of sealed goods which for reasons of health protection or hygiene are not suitable for returning if the sealing has been removed after delivery.
- Contracts for the delivery of goods if these by reason of their nature have been inseparably intermixed with other goods after delivery.
- Contracts for the delivery of audio or video recordings or computer software in sealed packaging if the sealing has been removed since delivery.
- Contracts for the delivery of newspapers, periodicals or illustrated magazines with the exception of subscription contracts.
If you are unable to restore or return to us anything provided for service or usage (e.g. benefits of use) or can only do so in part or in a deteriorated condition, you must provide appropriate compensation. For the deterioration of the material and for usages made you must only provide compensation in as far as the usages or the deterioration are the consequence of using the material in a way that goes beyond its tested features and functioning. By ‘Tested features and functioning’ we mean the testing and trying out of the particular item, as is possible or normal for example in the shop context.
2.2.3 - Cancellation
Should you wish to withdraw from a contract, please email us on firstname.lastname@example.org with the email subject REFUND, and stating the following in the email body:
I hereby withdraw from the contract agreed to by myself for the purchase of the following items:
- Item name(s) and number(s)
- Ordered on (*)/received on(*)
- Name of customer(s)
- Address of customer(s)
- Order Number/PO Number
- Signature of customer(s) below (only if done by letter)
2.2.4 - Cancellation where the product is not faulty within 30 days after delivery
Subject to the rest of this clause 2.2.5, irrespective of your other rights for faults with the product and your right of withdrawal (Section 2.2.1), you may cancel a contract and return any delivered product to us for any reason at all, if you are not happy with it, provided that you have notified us in writing within thirty (30) days of delivery of the product that you wish to cancel the applicable contract and to return the product at our risk. Moreover, you are only allowed to cancel this contract if you send the product back in its original packing, you only tried the product on in a way comparable to trying it on in a usual store and the product is not damaged. The notice must be sent in writing or in any other durable medium to:
Fir Tree Farm
Your notice shall be deemed to have been given on the day on which it was sent. Please use the form/provide the information requested in section 2.2.4.
Once you are in the possession of the goods you are under the duty to retain them and take reasonable care of them. The product must be returned to us in its original condition.
- for UK Customers we offer a free returns service via Parcel Force, our returns partner. Click here for instructions
- for International Customers we offer a free returns service via InXpress, our returns partner. Click here for instructions.
Should you wish to return the goods directly to us without using the services outlined above and in the relevant linked sections, please send your return to the relevant address in section 2.2.2
2.2.5 - If you cancel under this clause 2.2.5
Once you have notified us that you wish to cancel the contract, any sum debited to us will be refunded to you as soon as possible and in any event within 30 days of your cancellation.
2.2.6 - Gift Vouchers
In the case of a product being purchased with gift vouchers, we reserve the right to refund any amounts due to you for cancelled and returned products by crediting your account with the value of the order.
CANCELLATION POLICY FOR CUSTOM KITEBOARDS
Cancellation rights for custom boards
2.3.1 - In the case of custom boards, cancellation of the contract is only possible as long as the board has not been shipped from our office to the customer’s address. Once shipped, custom boards are non-refundable.
If you wish to cancel an order, you need to declare clearly in writing the wish to cancel. A clear declaration can be done by conventional mail or e-mail (contact details below). You are also welcome to use the sample request for cancellation included (Section 2.2.4). To observe the cancellation period, it is sufficient for you to send the statement of your wish to exercise your cancellation rights before the expiry of the cancellation period.
Fir Tree Farm
Once we receive your request, we will swiftly inform you regarding next steps and regarding your refund status.
Consequences of cancellation
2.3.2 - If you cancel this contract, prior to us shipping the custom board, we have to return to you any payments which we have received from you, minus a £100 GBP cancellation fee.
If you cancel the contract after we have shipped the goods, you will be charged the full cost of the board, including delivery costs.
3.1 - If the customer places a pre-order, the order will be confirmed through an Order Confirmation Email. Payment will be taken at the time the order is confirmed. The customer agrees that pre-ordered products are not currently in stock and therefore ready for shipping only from the date specified in the Order Confirmation Email. If an order contains both available and pre-order products, the order will be split and delivered in multiple shipments (available product will be sent immediately, pre-order product at the specified date).
3.2 - Whilst Stryder Sports will make every effort to supply the products listed on the Order Confirmation Email, there may be times when Stryder Sports is unable to supply products due to supply constraints. In such cases, Stryder Sports reserves the right to contact the customer and suggest alternative products that he / she may wish to receive instead. If the customer does not wish to receive supplemental products, Stryder Sports will cancel the order in relation to the products that cannot be supplied and refund any money paid in the form of original payment.
3.3 - In the event of a typographical error or technological error causing a mistake in prices published on the Website, Stryder Sports reserves the right to correct the error and to charge the correct price. In this case Stryder Sports will notify the customer of the mistake and, if desired by the customer, offer a full refund.
3.4 - Stryder Sports reserves the right to hold any orders prior to shipping for security review. In the event that an order is placed for a delivery to a location where we do not deliver to, the order will be cancelled and a refund processed.
4.1 - Should nothing different be requested by the customer then the delivery address entered by the customer at the Shipping stage of the checkout will be used. Please note that we are unable to change the delivery address after the item has shipped.
4.2 - Delivery is assigned to different delivery couriers depending on the country. The relevant individual delivery conditions and delivery costs can be found here.
4.3 - If a delivery is not possible to a customer, be it because the customer was not reachable at the provided delivery address, although the time of delivery was indicated to the customer with appropriate notice or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery. Where re-delivery is required these costs will also be the responsibility of the customer.
4.4 - The customer takes over the risk once he/she takes possession of the item.
4.5 - Delivery and service delays due to acts of God are not the responsibility of Stryder Sports. Such events give Stryder Sports the right to delay a delivery for the period of disruption and an appropriate restarting period or to withdraw entirely or in part from non-completed parts of orders. Acts of God include strikes, natural disasters, war, blockades, import and export restrictions and other national interventions regardless whether they occur at Stryder Sports or distributors of Stryder Sports.
4.6 - In the case of effects of acts of God which will cause a delay of a delivery, we will of course inform the customer without delay.
PAYMENT AND LATE PAYMENTS
5.1 - All product prices at Stryder Sports are gross prices and include the current rate of VAT in the particular country and are shown in the stated currency. The prices stated at the time of the order including sales tax plus all costs arising from delivery are valid until further notice. Any customs duties occurring through delivery to Switzerland are borne by the customer.
5.2 - The retail price is payable upon placement of an order.
5.3 - The customer can pay the purchase price by credit/debit card and Shopify Pay.
5.4 - Should the customer delay in paying, Stryder Sports has the right to charge interest on the delayed payment to the level of 5% above the annual rate set by the National Bank of England. If Stryder Sports incurs a higher rate of interest for delay, Stryder Sports has the right to pass this on.
INVOKE A WITHHOLDING RIGHT AFTER NOTIFICATION OF DEFECTS
6.1 - A right to withhold may be invoked by the customer only when his complaints have been recognised legally or by Stryder Sports. The customer is only entitled to exercise his withholding right in as far as his counter claim is based on the same contractual relationship.
7.1 - All of our deliveries and services occur under proprietary right. Until all the claims against the customer have been fully met, the delivered products remain the property of Stryder Sports.
GUARANTEE & WARRANTY
8.1 - The warranty period is based on the legal regulations and specific product range - For more specific item/category related warranty information please click here.
8.2 - The guarantee is not valid against normal wear and tear caused by use of a product.
8.3 - Should a defect in a purchased item be the responsibility of Stryder Sports, then Stryder Sports is entitled to choose either to provide a repair or remedy of the fault, or a replacement product. If Stryder Sports is unwilling or not able to repair the problem or provide a replacement or the time taken to carry this out is longer than the appropriate time period expected for reasons that fall within the responsibility of Stryder Sports or if the repair/replacement delivery is unsuccessful, then the customer is entitled to withdraw from his contract or to ask for an appropriate reduction of the purchase price.
8.4 - If a warranty claim should occur on a product ordered online, the customer can return it to the contact address provided. Should it arise that the product does not have a fault that falls under warranty then Stryder Sports will bill the customer for any expenses incurred. To avoid any issues please contact us on email@example.com before sending in items for warranty examination. In many cases we can avoid the need to send items.
Fir Tree Farm
8.5 - Compensation for consequential damage (due to defects), as well as for any other damage to materials or financial loss and claims for damages by third parties against customers, are excluded, in as far as it is not a case of consumer business.
9.1 - Claims by the customer other than the guarantee claims laid down in Section 8, especially damages claims are excluded, in as far as this is legally permissible. Thus, Stryder Sports accepts no responsibility for damage or harm not directly linked to the delivered object itself and especially not for loss of profit or other financial loss by the customer. In as far as the liability of Stryder Sports is excluded or limited. This also applies for the personal liability of employees, representatives or agents.
9.2 - The liability limitation defined in Section 9.1 does not apply in as far as the damage or harm is the result of intentionality or gross negligence or personal injury has occurred.
9.3 - Stryder Sports accepts no responsibility for the eventuality that the services offered from its website are not available without interruption nor for the conservation of stored data.
LINKS AND REFERENCES
10.1 - The links to outside pages made by Stryder Sports are only signposts to these sites, therefore they are presented in specific browser windows by means of external links. Stryder Sports does not identify with the content of these pages to which reference is made and accepts no responsibility for them.
11.1 - On ordering the customer is obliged to make truthful statements. In as far as there is a change in the customer’s data, especially names, address, e-mail address, telephone number, the customer is obliged to inform Stryder Sports of this change without delay by changing the information given. If the customer fails to give this information or provides false data from the outset, especially a false e-mail address, then Stryder Sports may withdraw from the contract, in as far as such a contract has been made.
APPLICABLE LAW AND JURISDICTION
12.1 - English law applies. This Agreement and the contractual relationship between Stryder Sports and the client shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with them shall be subject to the exclusive jurisdiction of the English Courts.
12.2 - If the customer is not subject to general legal jurisdiction in the UK, has changed residence or moved his/her normal place of residence abroad since the purchase contract was made or his/her normal residence is not fixed/known at the time of any action brought, then East Sussex will be applied as the exclusive jurisdiction for any disputes arising directly or indirectly as a result of a contract.
13.1 - All data collected by us will be used and processed exclusively within the framework of the current data protection laws in accordance with our data protection policies. More information on our Data Protection Policies can be found here.
14.1 - Should certain terms of the current contract be ineffective or impracticable or after contract closure be ineffective or impracticable, then the validity of the remaining provisions of the contract remain unchanged. Practical and effective provisions, the effects of which will come closest to fulfilling the commercial goals pursued by the contracting parties through the ineffective and/or impracticable provisions, will replace the ineffective or impracticable provisions. The provisions above also apply in the case that the contract is incomplete.
15.1 - All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Stryder Sports or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content on this site is the exclusive property of Stryder Sports and protected by UK and international copyright laws. All software used on this site is the property of Stryder Sports or its software suppliers and protected by UK and international copyright laws. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Stryder Sports. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Stryder Sports and our affiliates without express written consent. You may not use any meta tags or any other "hiddentext" utilising Stryder Sports ' name or trademarks without the express written consent of Stryder Sports.
15.2 - Copyright relating to customer sourced artwork or imagery to be used for Custom Board Creation Stryder Sports respects the intellectual property of others, and we ask our users to do the same. In case of Stryder Custom Boards, it is solely the customer’s responsibility to ensure they have copyright to the artwork or imagery provided to Stryder Sports to be used on custom boards. Stryder Sports is not responsible seeking usage permission and or for checking the copyright ownership of third party (user provided) imagery.
If a copyright infringement is signalled to us prior to the manufacturing of a custom board, we will immediately cancel production. In this event, the customer will be offered the opportunity to supply alternative artwork so that the order can be fulfilled. Or they get refunded minus a £100 GBP cancelation fee.
In the case of a copyright infringement being signalled to us, where we artwork or imagery has been allegedly wrongfully used on a Stryder Board, printed without the approval of the original author of the particular artwork or imagery, the responsibility lies exclusively with the customer. In case of a court proceeding, Stryder Sports is obliged by law to reveal the identity of the customer who ordered the particular board.
16.1 - STRYDER, STRYDER SPORTS, GENESIS, SIGMA, HALO, HAVOC, BLADE and other marks indicated on our site are registered trademarks of Stryder Sports in the United Kingdom and other countries. Stryder Sports graphics, logos, page headers, button cons, scripts, and service names are trademarks or trade dress of Stryder Sports. Stryder Sports’ trademarks and trade dress may not be used in connection with any product or service that is not Stryder Sports’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Stryder Sports. All other trademarks not owned by Stryder Sports that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Stryder Sports.
17.1 - You agree to indemnify, defend, and hold harmless Stryder Sports, its affiliates, officers, directors, employees, agents, and suppliers from and against all claims, demands, expenses, damages, and costs, including reasonable attorney’s fees, resulting from violation of these Terms & Conditions.
18.1 - Stryder Sports attempts to be as accurate as possible. However, Stryder Sports does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Stryder Sports itself is not as described, your sole remedy is to return it in a new, unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
19.1 - This site is provided by Stryder Sports on an "as is" and "as available" basis. Stryder Sports makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Stryder Sports disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Stryder Sports does not warrant that this site, its servers, or e-mail sent from Stryder Sports are free of viruses or other harmful components. Stryder Sports will not be liable for any damages of any kind a rising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state/country laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
20.1 - Stryder Sports reserves the right to refuse printing any artwork that may be deemed as offensive or discriminatory.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
21.1 - We reserve the right to make changes to our site, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.