This website is operated by Elwing Boards. Throughout the site the terms "we", "us", "we" and "our" refer to Elwing Boards. Elwing Boards provides this website, including all information, tools and services available on this site to you, the user, conditioned on your acceptance of all the terms, conditions, policies and notices set forth herein.
Our shop is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1-CONDITIONS OF THE ONLINE SHOP
You may not use our products for illegal or unauthorized purposes, nor may you, in using the service, violate the laws of your jurisdiction (including, but not limited to, copyright laws).
You must not transmit any bugs or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of your services.
SECTION 2-GENERAL TERMS AND 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 may involve (a) transmissions over different 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 part 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 our express written permission.
The headings used in this Agreement are included for convenience only and will not limit or affect these terms and conditions.
SECTION 3-ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete or up-to-date. The content of this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting the primary, more accurate, complete or 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 change the content 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-SERVICE AND PRICE CHANGES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the service (or any part or content thereof) at any time without notice.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5-Products or SERVICES (if applicable)
Certain products or services may be available exclusively online on the Website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our return policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in the shop. We cannot guarantee that your computer screen display of any colour will be accurate.
We reserve the right, but are not obliged, to limit sales of our products or services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions or product prices are subject to change at any time without notice at our sole discretion. 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 materials purchased or obtained by you will meet your expectations, or that any errors in service will be corrected.
SECTION 6-ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed by you. We may, at 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, credit card and/or orders that use the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing phone/phone number provided at the time of order. We reserve the right to limit or prohibit orders which, in our sole discretion, appear to be placed by resellers, dealers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our shop. 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 process your transactions and contact you if necessary.
F SECTION 7-OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no control or 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 endorsement. We disclaim all liability arising out of or in connection with your use of any third party optional tools.
Any use by you of any optional tools offered through the Site is entirely at your own risk and discretion and you must ensure that you are aware of and agree to the terms on which the tools are provided by the relevant third party supplier(s).
SECTION 8- THIRD PARTY LINKS
Certain content, products and services available through our service may include material from third parties.
Third party links on this site may direct you to third party sites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy and we do not guarantee and shall have no responsibility or liability for any third party materials or websites, or for any other third party materials, products or services.
We are not responsible for any damages or injury related to the purchase or use of goods, services, resources, content or any other transaction conducted in connection with third party websites. Please carefully review the policies and practices of third parties and make sure you understand them before engaging in any transaction. Any complaints, claims, concerns or questions regarding third party products should be directed to the third party or more details, please see our returns policy.
SECTION 9-USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send 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 post 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 you have submitted to us. We are and shall be under no obligation (1) to keep any Comments confidential; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
You agree that your comments will not violate any third party rights, including copyright, trademark, privacy, publicity, personality or other personal or proprietary rights. You further agree that your Comments will not contain any defamatory or otherwise unlawful, abusive or obscene material, or contain any computer viruses or other malware that may 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 the comments you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.
SECTION 10-PERSONAL INFORMATION
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, prices, promotions, offers, product shipping costs, 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 information in the Service or on a related website is inaccurate at any time without notice (including after you submit your order).
We have no obligation to update, change or clarify any information in the Service or on any related website, including, without limitation, pricing information, except as required by law. If no specified update or refresh date is applied in the service or any related website, it should be taken to indicate that all information in the service or on any related website has been changed or updated.
SECTION 12-PROHIBITED USES
In addition to the other prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) solicit others to perform or participate in any unlawful acts; (c) violate any local, international, federal, provincial or state regulations, rules, laws or ordinances; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, injure, defame, libel, slander, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) 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 manner that affects the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) spam, Phish, Pharm, pretext, spider, crawl or scratch; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related Web sites, other Web sites or the Internet. We reserve the right to terminate your use of the Service or any related web site for violation of any of the foregoing.
SECTION 13-EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or guarantee 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 withdraw the Service for an indefinite period of time or cancel the Service at any time without notice to you.
You expressly agree that your use or inability to use the Service is at your own risk. The service and all products and services delivered to you through the service are (unless we expressly state otherwise) provided to you "as is" and "as available" for your use, without any representations, 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 event shall Elwing's boards, our directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers or licensors be liable for any injury, loss, claim or damage, direct, indirect, incidental or consequential, punitive, special or consequential damages of any kind, including, without limitation, loss of profits, loss of income, loss of savings, loss of data, replacement costs or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or any product purchased using the service, or for any claim relating in any way to your use of the service or any item, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) displayed, transmitted or otherwise made available via the service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.
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 enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be these Terms of Service, such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this Agreement for all purposes.
If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this Agreement at any time without notice to you and you will remain liable for all amounts due up to the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
ARTICLE 17-INTEGRITY OF THE AGREEMENT
SECTION 18-APPLICABLE LAW
SECTION 19-MODIFICATIONS TO THE TERMS OF SERVICE