In any cases where an order is placed for an inaccurate price due to misinformation from vendor/manufacturer, typo, or misprint, we reserve the right to cancel or discard such orders placed on items with the inaccurate price. Regardless of the fact that your order has been accepted with or without payment processed, we reserve the right to cancel or discard such orders. In situations where payment has already been processed on such orders, we will instantly either void the payment if still in time, or process refund back to you via original payment method.
All appropriate sales tax will be consequentially applied to select states . You as the buyer will be liable for all corresponding consumer duties and taxes on all orders shipping to locations outside our country.
Out of stock
Whenever your order contains any out of stock merchandise, there are several options we may provide to you. On certain orders, we may accommodate you with the option to ship your order without such item(s). Given that you consent to this advantage of shipping your order without any out of stock merchandise, under these conditions, we will process refund back to you via original payment method. Another option is if you wish to wait for the new shipment of those out of stock items to arrival at our facilities, your order will ship in its entirety at that time. Lastly, if neither option above will work, orders can be cancelled with a full refund processed on such cancellation, along with an email, phone, or fax notification being sent to you.
Shipping Carrier Delays, Mistake and Problems
*www.rustysurfwear.com WILL NOT be held responsible for mistakes made by shipping carrier under any circumstances.
*www.rustysurfwear.com WILL NOT be held responsible for orders after we have fulfilled our end and merchandise has left the warehouse premises, financially or otherwise.
*If the shipping carrier makes a mistake, and it was UPS that was used, please ask us to file claim on your behalf. If it was USPS that was used, unfortunately, no claims can be filed.
*If UPS fails to delivery on a guaranteed delivery service, then, on your behalf, our company can file a claim to recover your shipping costs for a refund on shipping. Please note that only UPS expedited shipping methods such as UPS 3DAY AIR, UPS 2ND DAY AIR, UPS NEXT DAY AIR, are guaranteed shipping methods. UPS Ground is not a guaranteed shipping method, actual delivery time may vary. We are unable to be responsible if you are unavailable when delivery is attempted. This in no way will be considered delivery date to be late.
*Refunds on shipping costs will ONLY occur after the shipping company approves your claim and releases funds from their claims process.
*In cases where we are unable to recover compensation from the shipping company, we will not be liable for replacing or compensating your order since items left our warehouse in perfect condition.
www.rustysurfwear.com WILL NOT be held responsible for shipment delays once merchandise has left our warehouse since outside factors such as weather, natural disasters, and accidents are beyond our control.
Packages refused from their destinations or returned to our store after multiple delivery attempts for any reason (including, unavailable during delivery, provided wrong address, incomplete address, etc.) will be refunded without prior notice, and processed according to the following rules:
*Standard restocking fee of 20% will be applied on returned/refused merchandises to cover our operating costs to process and restock the returned merchandise.
*The cost of shipping the original package will be deducted from the refunded amount. Even if the original order was shipped with the free shipping method, the actual shipping cost will still be deducted from the refund amount.
*Any return shipping costs and/or customs/duty (For international packages that are returned/refused) charged by carrier for refused/returned package will also be deducted from the refund amount.
Third Party Links
Other third party links and websites may be found and included in this site. You are fully aware and recognize that any business conduct or postings performed by such links and websites are unrelated to us and we, www.rustysurfwear.com, will not be hold accountable and/or liable for any such related matters.
Section Warranty Disclaimer
Any direct or indirect information, content, product, and components listed via this website remain constant, exclusive of any type of warranties applied. We disclaim all warranties, direct or indirect, consisting of, but not restrained to, any entailed warranty of mercantile business and/or appropriate for any specific reason and contravention, to the fullest extent permissible pursuant to applicable law. Purposes and actions corresponded to and performed in this website will not be ensured and warranted, in any way by us, www.rustysurfwear.com, to be incessant and restricted from mistakes, all imperfections and defects rectified, or without any unsafe constituents or viruses generated via this site or its server, as well as regarding to the efficiency, appropriateness, dependability, accuracy, and sufficiency to the contents and resources employed in this website.
Copyright and Trademark Notice
All material, including the website design, text, logos, graphics, icons and images, and the selection that appear on this website is exclusively the property of www.rustysurfwear.com, unless otherwise stated. Using the content of this site for reasons other than shopping or placing an order without our written consent is strictly prohibited. This includes reproducing, modifying, uploading, posting or distributing any of the material. Any unauthorized use of this website’s material may violate copy right, trademark or other laws that could lead to a case of criminal or civil damages. All other applicable rights not stated here are reserved.
Notice and Correspondence
This website’s main form of communication is by e-mail & live chat; however, we may contact you through other methods, such as phone number, that you have provided us through our website. Please make sure that your e-mail filters for spam and junk mail are not filtering our e-mails. We will not be held accountable for e-mails that you may have missed because of these filters. If you need to contact us for any reason, please make sure that it is through e-mail or through our chat system. Any other source of communication, including phone calls to us is not a viable way to contact us. We are not responsible for any problems that arise when changing or canceling orders, requesting to return items or other details about your order if you contact us by means other than the ones that have been expressed on this section of our website.
Order Acceptance Policy
Upon receiving an order confirmation (electronically or otherwise) does not indicate that we have accepted your order. We reserve the right after receiving your order to accept or decline your order or to supply less than the quantity you ordered for any item, for any reason. If we are not able to fulfill the amount for the items that you have ordered, and you give us consent to ship the products without the full quantity, you have the option to be refunded in full for the price you paid for those missing items. If you decide that you simply do not want the item anymore, then we can cancel your order and refund you in the total amount you have paid.
We ask of you to double check your order information to make sure it is accurate. We reserve the right to put orders with inaccurate or lacking information on hold without any prior notification. We will attempt to contact through the information you have provided us on your account about your order status. If there is no response within 7 days, your order may be canceled and refunded without further communication.
Order Revisions / Cancellations / Errors
To provide customers with the best online retail experience possible, our store makes it our motto to process all orders in record time in order to get it out the door and into customer hands sooner than they expected. And due to the difficulty in locating a single order amongst mountains of orders, in most cases, we are unfortunately unable to make changes and cancellations once an order has been processed and is being readied for shipping out.
Therefore, before placing your order, please review your cart before clicking submit. If you need to make a cancellation, please contact us as soon as possible via live chat so that we can catch your order before it is sent to warehouse for fulfillment. Our business hours are M-F 9am-5pm PST, if you placed your order outside our business hours, please send us your request for cancellation to [email protected]. All request for cancellations/changes/adds outside of business hours need to be received before the start of the next business day. We are not able to guarantee that the changes/adds/cancellation can be completed, although we’ll do our best to attempt to do so.
Concerning dye lots of our products
Due to tremendous demands for our products, it requires that we use multiple manufacturers to produce enough to fulfill all our customers needs. Although we do our best to control the consistency of the colors/shades of our products across the manufacturers, because of this, it’s possible that there may be slight shade variations if you re-order the same item/color/style if some time has past between the different orders. We can guarantee that within a single order, the color/shade of every piece of a certain item will match up exactly. (I.E. if you place an order for 500 Red Satin Napkins, we guarantee that ALL 500 napkins from that order will match up exactly). However, if you re-order the same item several months later, there may slight shade variations, and may not match 100% with your previous order. Although any color/shade variations will only be slight.
These factors are beyond the control of our staff as they go through an incredible number of orders daily and expecting them to match colors/shades from previous orders is impossible. Dye lots issues does not qualify for replacements. If you would like us to attempt to match products from your new order with a color/shade from a previous order, you understand you will be responsible for all shipping costs that will be incurred. There will be no compensation given for different dye lot, or color/shade issues.
Returns of non-qualifying merchandise
Please note that non-qualifying returned merchandise or merchandise that is returned past the allowed time period, will not be accepted. In such cases, the merchandise remains the property of the customer, who will solely be responsible for arranging pickup of said merchandise from our warehouse within 14 days of return delivery. If we are not contacted and/or pickup arrangements were not made/completed, we’ll assume the merchandise is no longer wanted, and reserve the right to discard the merchandise without any compensation to the customer.
Weather caused delays
We will not be held responsible for delays caused by severe weather conditions. Unfortunately UPS, USPS, nor us has any control over forces of nature and the effects it may have over transit and/or delivery of your order. Although we do process and ship out orders very promptly, we can not be held responsible for delays due to these types of factors that are simply out of our control. There will be no compensation for any delays caused by weather, unforeseen circumstances out of our control, or forces of nature.
Concerning order errors
Order errors are defined as: damaged, incorrect, or missing merchandise. Please review your order immediately after it’s received, so that if any order errors are found, can be brought to our attention quickly and resolved for you. Order errors must be brought to our attention within 3 business days after order delivery has been completed. Failure to do so will be interpreted as negligence and you will therefore hold us harmless on any orders/issues that you do not make us aware of. All reshipments for order errors that we determine will require replacements can only be sent via ground shipping, regardless of the situation/cause.
We reserve the right to refuse or accept any orders as per our own discretion.