TERMS & CONDITIONS
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.naish.com website (the "Service") operated by Pacific Boardsports, LLC, a division of Nalu Kai Incorporated.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
Sale items are considered final and cannot be returned nor exchanged. Published prices at the time of purchase are final, and future sale prices will not be applied retroactively to orders made prior to the sale.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Shipments
Please review our Board Shipments page for receiving board shipments and for all Canadian orders.
In the event that you would like to change the shipping address, you will be responsible for all change fees associated with rerouting that shipment. In the event that carrier returns the shipment to our warehouse due to incorrect address, you will be responsible for the re-shipment fees to the correct address. All carrier returns are shipped to our Washington state warehouse, therefore re-shipment fees will be based from this location.
When you purchase a Naish product to be shipped to Canada, you accept the responsibility of inbound duties and taxes.
Availability, Errors & Inaccuracies
We, Pacific Boardsports, are consistently updating product and service offerings on the Service. We might experience delays in regards to updating information on the Service and in our advertising across Nalu Kai Incorporated controlled websites. The information that is found on the Service may contain errors or inaccuracies and may not be current or incomplete. Products and services may be wrongly miss-priced, inaccurately described or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Accounts
When you create an account with us, you guarantee that you are above the age of 18. You also guarantee that the information you have provide us is a complete and accurate account of your information. Should you have Inaccurate, incomplete, or obsolete information it may result in the immediate termination of your account on the Service.
You are solely responsible for the confidentiality of your account information in regards to the following including but not limited to: passwords, restriction of access to your computer and or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You are prohibited from using a username of another person/user or entity or any entity that is not lawfully available for use including but not limited to trademark goods/services/entities without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
Intellectual Property
The Service and its original content, including features and functionality will remain the exclusive property of Pacific Boardsports, LLC and Nalu Kai Incorporated.. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Pacific Boardsports, LLC.
Links To Other Websites
Our Service may contain links to third party web sites or services that are not owned or controlled by Pacific Boardsports, LLC
Pacific Boardsports, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Pacific Boardsports, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Washington, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
SMS & Email Marketing
We will only send you marketing materials if you have opted into our program. Messages will be informational and/or promotional. Naish.com uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS or email. You may opt out at any time.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.