Agreement of Sale
Please read these carefully
The use of this site is governed by the TERMS AND CONDITIONS AGREEMENT OF SALE set forth below. Your use of this site or purchase from Zak Surfboards indicates your acceptance of these terms and conditions.
Zak Surfboards reserves the right to make changes to this web site and these terms and conditions at any time without any prior notice.
Zak Surfboards is the service provider; it is also referred to as “Zak’s”, “us” and “we”.
Customer is the person or organization who purchases or seeks services from Zak Surfboards; it is also referred to as “you”.
All orders placed are subject to confirmation and acceptance by Zak Surfboards.
Zak Surfboards may vary prices for received orders in the event of price changes. We will advise you if this is the case.
To minimize any errors and improve efficiency, orders should be placed using our on-line ordering system whenever possible or in person at Zak Surfboards – 307 Victoria Rd Thornbury VIC 3071.
Quantity in stock does not take into account the orders already placed which are yet to be processed. It is possible (but rare) that an order placed earlier will receive the allocation of the part in which the quantity for it showed as in stock at the time of your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on our web site.
Any attempt to cancel an order must be made as soon as possible. Cancellations attempted after the dispatching will result in the customer having to pay the shipping and handling charges on the package and the cost of shipping the package back.
Cancellations may be communicated by email to firstname.lastname@example.org
Zak Surfboards currently ships to Australia and selected items only to New Zealand.
For on-line orders, accepted payments include Paypal, Major Credit Cards (Visa/Master/Amex ) and zipPay.
Zak Surfboards reserves the right to perform checks for orders paid using credit card, and we may request photo identification to be supplied for large value orders.
The title of the goods supplied will not pass to the customer from Zak Surfboards until the full amount is paid.
Zak Surfboards delivers product Australia wide – and selected items to New Zealand.
Please allow for 2 – 5 business days for all deliveries to major cities.
Deliveries to remote areas will take a few additional days depending on location.
Shipping on all products is FREE for purchases over $99.99, except for surfboards (see below for more information) and some larger items. A flat fee of $8.00 will be charged for any purchases under $99.99. Items will be posted through Australian Post Parcel Post or by Courier.
Shipping on Surfcraft & Bulky items
Free Freight on Surfcraft & Bulky items Terms & Conditions
Zak Surfboards will ship all new surfcraft & bulky items from their premises to the address designated by the customer at no charge*
All surf craft items are shipped appropriately wrapped & boxed up for protection. Most surf boards are wrapped in 2 x layers of high quality bubble wrap with padding on nose and tail then placed in a appropriate sized cardboard box for freight.
We also offer a same day delivery service for surfcraft in the Melbourne metropolitan region. All purchases of surfcraft must be made before midday to ensure delivery that same day.
* This excludes certain zones that are more remote & excluding larger items that are above 7ft/214cm in length like longboards.
In the case of deliveries to these higher charge or more remote areas – Zak Surfboards will cover $50 of the shipping price and the customer will pay any additional amounts. Customers who’s orders fall into either these excluded areas/larger items for our free shipping will be contacted by Zak Surfboards staff shortly after their order is placed (usually within 1 working day) to discuss freight options . At this point the customer can either use one of our regular couriers or organize their own courier (at risk to the customer)
Zones that usually incur higher charges include Western Australia outside Perth & Freemantle, Tasmania outside Hobart , Kangaroo/Fraser/Lord Howe/Flinders & King Island
Secondhand Surfcraft – shipping will be $50 – 70 to most major regions (Capital Cities & nearby surrounds). Zones that usually incur higher charges include Western Australia outside Perth & Freemantle, Tasmania outside Hobart , Kangaroo/Fraser/Lord Howe/Flinders & King Island.
Customers will be contacted by Zak Surfboards staff shortly after their order is placed (usually within 1 working day) to discuss freight options. At this point the customer can either use one of our regular couriers or organize their own courier (at risk to the customer – we will box and pack it for you for no charge)
Deliveries are normally made between 9am and 5pm (Monday to Friday). If a home address will be un-attended please offer a work address for delivery. A contact phone number is also required. Goods must be signed for or a re-delivery fee may be charged to the purchaser.
We do not ship to third party addresses unless that address is known and can be verified by Zak Surfboards.
Customers are responsible for paying any freight charges incurred by refused shipment and unclaimed goods. Zak Surfboards will make every effort to deliver on time.
Customers are responsible to have someone at the delivery address to sign for and accept the delivery. Cost for re-delivery attempts may be passed to the customers if the delivery address is unattended at the time of delivery.
Return and Refund
Returns for refund will only be accepted within 14 days of you receiving the goods. Returned goods must be in its original condition and include all the original packaging. Shipping and handling cost are not refundable.
Any incorrect, missing or damaged items received must be reported to Zak Surfboards within 24 hours of you receiving the delivery.
If item(s) received is (are) not what was ordered, please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be acceptance by the customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.
Zak Surfboards owns the title of any extra goods shipped with your order that have been dispatched in error.
You have 14 days to return unopened items for a full refund.
Postage on non-defective items is the responsibility of the customer (wrong size or colour picked). Customers may return or change original purchase at Zak Surfboards in Thornbury in person (proof of purchase required).
It may take up to 14 days for refunds on returns from the date of receiving the customers return parcel.
You can contact Zak Surfboards staff on (03) 9416 7384 during business hours or contact via email at email@example.com on any issues you may have regarding out policies, All customers will be notified via email when returns take place.
All goods sold by Zak Surfboards come with a warranty to be free from any defects or faults. This warranty is not transferable.
Goods under warranty cover will be replaced or repaired by the manufacturer. No refund can be provided under any circumstances.
Warranty only covers the item(s) sold by Zak Surfboards.
If the returned goods are determined by Zak Surfboards to not be faulty, then all returning shipping fees will be worn by the customer. We will seek the permission from the customer to charge this cost to the customer’s credit card where possible. Failing this, the goods will be sent back by Australia Post COD freight collected. Zak Surfboards also reserves the right to charge the labor cost for examining these goods where no fault was found.
All warranties are voided if returned product is found in any way to be mishandled, uninstalled, modified, tampered, abused, physically damaged.
Please attach a copy of the original invoice or provide the original invoice number. A detailed fault description sheet must be sent together with all the returning warranty goods.
The customer is responsible for any shipping and insurance cost involved in sending the warranty claim goods back to Zak Surfboards.
Zak Surfboards is not responsible for any parcel missing in transit, on its return back to Zak Surfboards.
Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.
Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing.
There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
Images displayed on this web site should be regarded as illustrative and informational purpose only. The actual products are often not identical to the images.
These Terms and Conditions of Use apply to all Gift Cards issued by Trumpet Head Pty Ltd ABN 72 618 317 650, trading as Zak Surfboards.
This document contains the full set of terms and conditions governing your use of the Gift Card. We recommend that you read this document carefully before using the Gift Card. If you have any complaints, questions or would like more information about your Gift Card, please call 03 9416 7384, visit the website www.zaksurfboards.com or see in-store.
Expiry: Zak Surfboards Gift Cards expire 12 months after the date of issue. See paragraph 4.
“Zak Surfboards” means Trumpet Head Pty Ltd trading as Zak Surfboards ABN 72 618 317 650 of 307 Victoria Road, Thornbury VIC 3071.
“Gift Card” means the gift card that you have purchased or received, such as one of the following: Zak Surfboards Gift Voucher, The Surfboard Studio Gift Voucher.
A reference to “we” or “us” is a reference to Zak Surfboards.
- Gift Card Redemption & Exclusions
Except for the exclusions listed in paragraph 1.2 (Exclusions) below, once loaded with value your Gift Card may be redeemed for purchases from the business by which it was issued – Zak Surfboards or The Surfboard Studio.
The following are the exclusions applicable to the redemption of your Gift Card:
- All purchases made via phone, facsimile or email
- Gift Cards cannot be used to purchase on the Zak Surfboards online stores, eBay store or to purchase Gift Cards or other tender.
- The goods and services sold by some of our sub-businesses including Melbourne Board Repairs, Refresh Your Stick. This list may change from time to time and is available by request or online at www.zaksurfboards.com.
- How to load value onto your Gift Card
2.1 In store Gift Card purchases
Check that the Gift Card has not been removed from the cardboard carrier and has not been tampered with or damaged. If it has been tampered with or damaged, give the Gift Card to our point of sale operator to be destroyed and select a new one.
Nominate the value you wish to be loaded on the Gift Card. A minimum of $5.00 is required.
2.2 Online Gift Card purchases
2.43 All Gift Cards
Pay for your Gift Card value with the accepted tender of your choice (other than a Gift Card). The transaction will be completed when the Gift Card is activated and loaded with value.
There may be a delay with the Gift Card activating in the system once loaded. During this delay, the Gift Card cannot be used for purchases or transaction enquiries.
- Using your Gift Card
3.1 Making a purchase with your Gift Card
Present your Gift Card at the point of sale at a Zak Surfboards or The Surfboard Studio store with the merchandise that you wish to purchase using that Gift Card. Our point of sale operator will scan the Gift Card and the transaction will be completed when the balance has reduced on your Gift Card.
No change will be given for any Remaining Gift Card Value. The Remaining Gift Card Value may be used in whole or part against future purchases until the Gift Card expires.
You agree that we can reduce the Remaining Gift Card Value by the value of all purchases of goods and services that are authorised by you. Transactions are authorised by you by:
- swiping or scanning your Gift Card or allowing an operator or other person to do so, at the point of sale; or
- giving us details of the Gift Card and authorising the transaction in some other way approved by us.
When you authorise a transaction:
- you are confirming that the transaction correctly represents the purchase price of the goods or services obtained; and
- you are agreeing to pay the amount of that transaction by the reduction of the Remaining Gift Card Value.
3.2 Purchases exceeding the Remaining Gift Card Value
Your Gift Card may only be used to make purchases up to the initial Gift Card value or the Remaining Gift Card Value. If you wish to make a purchase for an amount that exceeds the Gift Card value or the Remaining Gift Card Value, you must pay the excess using another payment method.
3.3 Exchanging items purchased with a Gift Card
Goods that are purchased solely, or in part with a Gift Card may be exchanged or returned subject to Zak Surfboards’ exchange and returns policy.
Our exchange and returns policy includes the right for us to issue a gift card instead of other tender or cash, at our discretion.
3.4 Issue with goods or services purchased with a Gift Card
If you have an issue with any goods or services that you purchased with a Gift Card you should contact Zak Surfboards on 03 9416 7384 or go into the store where the purchase was made.
3.5 No cash advances
Gift Cards are not legal tender, account cards, credit or debit cards or securities. You cannot obtain any cash advance with your Gift Card, redeem your Gift Card for cash or receive any portion of the Remaining Gift Card Value in cash.
3.6 Checking your Gift Card balance, expiry date and transaction history
You will not be sent statements of transactions on a Gift Card. You can check your Gift Card balance and expiry date at any time in-store or by calling 03 9416 7384. For balance enquiries, you will be required to provide the Gift Card number prior to getting access to the Gift Card information.
3.7 Can I exchange or get a refund of my Gift Card?
You cannot exchange or get a refund of your Gift Card for a different denomination or type of Gift Card or for another tender, cash or discount.
3.8 Can I purchase a gift card using a gift card?
Gift Cards cannot be used to purchase another gift card
3.9 Can I purchase a gift card by Cheque?
Gift cards cannot be purchased by cheque.
3.10 Destruction of Gift Card with no value
All Gift Cards remain the property of Zak Surfboards. If the Remaining Gift Card Value is zero your Gift Card cannot be reloaded. Our point of sale operator may destroy your expended Gift Card or you must destroy it by cutting it in half diagonally.
Expiry, cancellation and re-issue of Gift Cards
4.1 Expiry of Gift Cards
Your Zak Surfboards Gift Card will be valid for use for one year from the date of issue (or as otherwise extended by us) after such time it will be invalid. You should use all of the Remaining Gift Card Value before the expiry date, after the expiry date unused value will become the property of Zak Surfboards.
4.3 Cancellation and voiding of Gift Cards
- Gift Cards cannot be cancelled once they are issued except if voided by Zak Surfboards, if their value is used or if they expire.
- We reserve the right to void any Gift Card that appears to have been defaced, mutilated, altered or tampered with in any way and Zak Surfboards may subject Gift Cards to a verification process.
- We reserve the right to cancel any Gift Card, or the Gift Card program, for any reason at any time without notice. In such instances (except those set out in paragraph b) we will elect to provide a refund or a replacement Gift Card.
- We reserve the right to correct the balance of your Gift Card if we believe that a clerical or accounting error has occurred.
4.4 Re-issue of faulty or damaged Gift Cards
A re-issue of faulty or damaged Gift Cards is not available unless the fault or damage to the Gift Card is proven to be a result of the production process or otherwise due to the fault of us or our agents or contractors.
- Lost or stolen Gift Cards
Treat your Gift Card like cash. Lost or stolen Gift Cards will not be replaced or refunded. The bearer of the Gift Card will be taken to be the owner of the Gift Card.
- Your Gift Card, your responsibility
You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been fraud or negligence by us.
- Changes to Terms and Conditions of Use
We reserve the right to change any of the terms contained in these Terms and Conditions of Use at any time where the change is required for any reason and agree to provide you with at least 30 days’ notice of such changes. We will give you notice by posting the changes on www.zaksurfboards.com.
- Privacy and confidentiality
- Errors and complaints
If you have reason to believe that an error has occurred in relation to your Gift Card, you should call 03 9416 7384.
- Limitation of liability
- Applicable law
These Terms and Conditions of Use are to be construed and enforced in accordance with the laws of Victoria, Australia. Any dispute in connection with a Gift Card is exclusively subject to the jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victoria Registry).
Version: October 2017