General Terms and Conditions of Surfy Industries Srl

Article 1: General Information
1.1 Legal Entity and Operational Headquarters
Surfy Industries operates through various legal entities to serve specific geographical regions as follows:
General headquarters, main warehouse
Surfy Industries Srl
Borgo dei Cappuccini, 317
57126 Livorno, Italy
VAT # IT01935790491
USA, Canada and Mexico sales and operations
Surfy Industries USA LLC
7203 SE 17th Ave
97202 Portland, OR
USA
Operations in other global regions are coordinated through local offices strategically positioned to optimize market access and distribution.
1.2 Purpose of the Terms and Conditions
These Terms and Conditions are intended to govern the use of the website www.surfyindustries.com and related commercial transactions between Surfy Industries and its customers. Accessing and using the site implies express and unreserved acceptance of these Terms by the user.
Article 2: Definitions
2.1 "Customer"
The term "Customer" refers to any natural or legal person who purchases or agrees to purchase products or services from Surfy Industries through the website.
2.2 "Products"
"Products" include all physical goods that can be purchased on the Surfy Industries website, including but not limited to, musical instruments, accessories, and DIY kits.
2.3 "Services"
"Services" refer to all support, maintenance, warranty, and after-sales assistance offered by Surfy Industries in connection with its Products.
2.4 "Website"
The "Website" refers to www.surfyindustries.com, through which Customers can learn about Products, view product details, make purchases, and interact with Surfy Industries.
Article 3: Purchase Process
3.1 Order Placement
Customers can place orders by selecting Products on the Website, adding them to their shopping cart, and proceeding through the checkout process. During checkout, Customers are required to provide accurate and current information necessary for the successful processing of their orders. This information includes contact details, shipping address, and payment information.
3.2 Acceptance of Orders
Surfy Industries reserves the right, at its sole discretion, to accept or reject any order. An order is considered accepted only when the Customer has received an order confirmation via email. Surfy Industries will inform the Customer promptly if it is unable to accept an order.
3.3 Payment
Payment for Products and Services must be made in full at the time of order placement unless otherwise specified. Surfy Industries accepts various forms of payment, which are detailed on the Website. The security of transactions is ensured through the use of industry-standard encryption technologies.
Article 4: Pricing and Taxes
4.1 Pricing
All prices listed on the Website include applicable taxes, unless otherwise specified. Surfy Industries reserves the right to change prices at any time without prior notice. However, such changes will not affect orders that have already been accepted by Surfy Industries.
4.2 Taxes
Prices for products sold to customers within the European Union include VAT (Value Added Tax). However, prices for products sold to customers in the USA do not include VAT, as VAT is not applicable. Instead, any applicable state or local taxes will be calculated and included based on the customer's location within the USA as determined by the Ecwid system used on our United States account. For customers outside the USA and EU, prices do not include any local taxes, customs duties, or other fees that may be imposed by their jurisdiction. These additional charges are the responsibility of the customer and may need to be paid at the time of delivery or according to local regulations.
4.3 Shipping Costs
Shipping costs are additional unless otherwise explicitly stated. The cost of shipping will be calculated based on the Customer's location and the shipping options selected during the checkout process.
Article 5: Product Delivery
5.1 Shipping Policy
Surfy Industries ships products to the regions specified in the customer's selection during the order process, including Europe, USA/Canada/Mexico, Australia, China, Japan, and the rest of the world. Shipping methods and estimated delivery times are specified during the checkout process.
5.2 Delivery
Surfy Industries aims to dispatch orders within the estimated time frame specified on the order confirmation but does not guarantee delivery times. Delays may occur due to external factors outside of Surfy Industries’ control. Customers will be notified if significant delays are anticipated.
5.3 Risk of Loss
Surfy Industries retains responsibility for any products purchased until they are successfully delivered to the customer. To ensure security and accountability in the delivery process, all shipments are made using tracked shipping methods. Surfy Industries guarantees the delivery of the products to the shipping address provided by the customer, and risk of loss passes to the customer only upon actual delivery of the products to the specified address. In the event that a product is lost or damaged during transit, Surfy Industries commits to either replace the product at no additional charge or refund the customer, depending on the customer's preference and product availability.
Article 6: Returns, Refunds, and Cancellations
6.1 Right of Withdrawal
Under European law, customers within the European Union have the right to withdraw from their purchase contract within 14 days of receipt of the goods without giving any reason. Customers outside the EU should refer to local laws for any equivalent rights.
6.2 Return Process
To initiate a return, customers must contact Surfy Industries via the contact information provided on the Website. Products must be returned in their original condition, with all parts and packaging intact. The customer is responsible for the risk of loss during shipment of returned products.
6.3 Refunds
Once a return is received and inspected, Surfy Industries will send an email to notify the customer of the approval or rejection of the refund. If approved, the refund will be processed, and a credit will automatically be applied to the customer's credit card or original method of payment within a certain number of days.
6.4 Cancellations
Orders can only be canceled before they have been shipped. If the order has been dispatched, the customer may refuse delivery or return the products in accordance with the return process outlined above.
Article 7: Warranties and Guarantees
7.1 Warranty Coverage
Surfy Industries offers a lifetime warranty on all products except reverb pans. This warranty covers defects in materials and workmanship under normal use and is always in effect, irrespective of product registration. For the first 90 days following the purchase date, Surfy Industries covers all costs related to the repair or replacement of defective products, including shipping costs and reverb pans. After the initial 90-day period, the lifetime warranty continues to cover product defects under normal use except reverb pans; however, shipping costs for sending products back for repair will be the responsibility of the customer. This warranty does not cover damages resulting from misuse, external causes such as accidents, or normal wear and tear.
7.2 Warranty Claims
To make a warranty claim, the customer must contact Surfy Industries' customer service with a detailed description of the issue and proof of purchase. Surfy Industries will assess the claim and, if valid, offer to repair, replace, or refund the defective product in accordance with the customer's legal rights.
7.3 Limitations
This warranty does not cover damage caused by accidents, misuse, improper care, negligence, normal wear and tear, or the natural breakdown of colors and materials over extended time and use. Products modified or altered from their original state are not covered.
Article 8: Customer Service and Support
8.1 Customer Support
Surfy Industries is committed to providing exceptional customer service. For any inquiries, support requests, or issues with orders, customers can contact our customer service team through the contact details provided on our website.
8.2 Feedback and Complaints
Surfy Industries values customer feedback and aims to address all complaints promptly and effectively. Customers can submit feedback or complaints via email or the contact form available on the website. Surfy Industries will endeavor to respond to all communications within a reasonable time frame.
8.3 Dispute Resolution
In the event of a dispute, Surfy Industries encourages customers to contact our customer service team first to seek a resolution. If a resolution cannot be reached, disputes may be submitted for online resolution to a certified dispute resolution body as identified on our website.
Article 9: Intellectual Property Rights
9.1 Ownership of Intellectual Property
All content available on the Surfy Industries Srl website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Surfy Industries Srl, its content suppliers, or its licensors and is protected by international copyright and trademark laws. The compilation of all content on this site is the exclusive property of Surfy Industries Srl
9.2 Use of Trademarks
The trademarks and logos displayed on the website, including the name and logo of Surfy Industries Srl, are registered and unregistered trademarks of Surfy Industries Srl. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website without the express written permission of Surfy Industries Srl The misuse of the trademarks displayed on the website, or any other content on the website, is strictly prohibited.
9.3 Restrictions on Use
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the website strictly in accordance with these Terms and Conditions. As a condition of your use of the site, you warrant to Surfy Industries Srl that you will not use the site for any purpose that is unlawful or prohibited by these Terms. You may not use the site in any manner that could damage, disable, overburden, or impair the site or interfere with any other party's use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site.
9.4 External Use of Site
Materials Unless explicitly granted, no part of the Surfy Industries Srl site and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
9.5 Consent for Use
Individuals, organizations, or businesses wishing to use any marks, logos, or images from the Surfy Industries Srl website for purposes other than personal and non-commercial use must request and receive explicit written consent from Surfy Industries Srl prior to such use.
Article 10: Privacy and Data Protection
10.1 General Commitment
Surfy Industries is committed to protecting the privacy and security of our customers' personal information in accordance with applicable laws and regulations, including the General Data Protection Regulation (GDPR) for customers within the European Union.
10.2 Data Collection
Surfy Industries collects personal information necessary for processing orders, providing customer support, and managing warranties. This information includes names, addresses, email addresses, and payment details, collected only when voluntarily provided by the customer during transactions or account setups.
10.3 Use of Data
The collected data is used to:
  • Process and fulfill customer orders.

  • Manage customer accounts.

  • Communicate with customers about orders, products, services, and promotional offers.

  • Improve website functionality and customer service.
10.4 Data Sharing
Surfy Industries does not sell or rent customer data to third parties. Personal data may be shared with third-party service providers to the extent necessary for the provision of services such as payment processing, order fulfillment, and customer support. These providers are bound by privacy agreements to ensure the protection of your data.
10.5 Data Security
Surfy Industries employs robust security measures to protect customer data from unauthorized access, alteration, disclosure, or destruction. These include encryption, firewalls, and secure server facilities.
10.6 Access and Control
Customers have the right to access, correct, or delete their personal information held by Surfy Industries. Requests for access or correction can be made through our customer service contacts.
Article 11: Modifications to the Terms and Conditions
11.1 Right to Modify
Surfy Industries reserves the right to update or modify these terms and conditions at any time without prior notice. Changes will be effective immediately upon posting on the website.
11.2 Customer Notification
Surfy Industries will endeavor to notify customers of significant changes to these terms and conditions through the email address provided by them. Continued use of the website and its services following such changes will constitute the customer's acceptance of the new terms.
Article 12: Governing Law, Jurisdiction, and Dispute Resolution
12.1 Governing Law
This Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Italy without regard to its conflict of law principles.
12.2 Jurisdiction
Any disputes arising out of or related to these Terms and Conditions, the Services, or the products provided by Surfy Industries Srl shall be subject to the exclusive jurisdiction of the courts located in Livorno, Italy. The parties agree to submit to the personal jurisdiction and venue of these courts.
12.3 Amicable Dispute Resolution
Surfy Industries Srl is committed to resolving disputes amicably and efficiently. Before initiating formal legal proceedings, the parties agree to attempt to resolve any disputes arising out of or relating to these Terms and Conditions through good faith negotiations. The party raising the dispute should contact the other party in writing, providing a detailed description of the issue, the grounds for the complaint, and the proposed resolution. The parties shall meet and confer in an attempt to resolve the dispute without the necessity of any formal proceeding. This negotiation period shall last no less than thirty (30) days unless extended by mutual consent of the parties.
12.4 Alternative Dispute Resolution
If the dispute cannot be resolved by negotiation, the parties will consider alternative dispute resolution methods, such as mediation or binding arbitration, before resorting to litigation. Details of the alternative dispute resolution mechanism shall be agreed upon at the time, subject to both parties' approval.