Terms of Use Agreement

The use of this site is governed by the policies, terms and conditions set forth below . Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to SURFSTITCH.COM indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by SURFSTITCH.COM.


SURFSTITCH.COM reserves the right to make changes to this site and these terms and conditions at any time.


By ordering or registering on SurfStitch.com you grant us the right to add your contact details to our database and email transactional order, shipping and product review emails. From time to time we may contact you about offers and new products. You can easily be removed by either unsubscribing via a link or contacting our Customer Service at CustomerService@Surfstitch.com and we will remove you from marketing communications.


We may exchange personal information with our related companies and with third party service providers who assist us with payment, marketing, data processing, IT, archival, auditing, accounting, customer contact, legal, business consulting, banking, delivery, data analysis, document management, research, investigation, insurance, website and other services. Some of these third parties may be location in Australia, USA, EU and other countries.


 

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. SurfStitch.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. SurfStitch.com reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. SurfStitch.com is a reseller to end user customers and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by SurfStitch.com.

 

Liability

SurfStitch.com is not liable for any losses or damages caused by this website or any website linked to or from this website. We reserve the right to refuse any order without giving reason. Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method received.

 

Shipping and Delivery

Customers who choose Express Shipping (no signature) give authority for their order to be left unattended at their delivery address. SurfStitch will only replace orders using this shipping method providing the order is proved lost in transit by our delivery company.


Certain factors such as order size, weight and shipping address may require us to ship via another method. SurfStitch reserves the right to change your shipping method in these cases and will provide tracking details for the new carrier once shipped.


The delivery times provided by SurfStitch.com are estimates only. SurfStitch.com will not be held accountable for late deliveries or loss or damage relating to late deliveries.

In the event that multiple items are ordered, part deliveries may be made where stock is not available. Customers purchasing from our international collection will have these items delivered separately to any Australian goods. All reasonable attempts to notify you will be made using the details you provided. By agreeing to our terms and conditions you acknowledge all information set forth under our shipping pages.


The special instructions box on the delivery page of the checkout is used for any instructions to help the driver make delivery of your order (e.g. "Last house at end of driveway", "Office hours 9-5"). Drivers are unable to grant specific requests such as "Deliver between 1-2pm" or "Leave parcel in garden shed". SurfStitch cannot be held responsible if your instructions are not followed, nor can we complete any promo code requests entered in this field.


 

Refunds & Returns

Free returns are offered to orders over $99 shipping to an Australian address Only. If in any circumstance you pay for return shipping SurfStitch will not reimburse postage costs – all Free Returns must be through the use of our Free Return label. One return label will be issued per order and will not be replaced if lost.


Returns must be in as new condition with tags attached unless faulty. Due to health regulations, we are unable to exchange or refund on any underwear or ear ring purchase unless faulty within the manufacturer's warranty period. We recommend sending returns via registered post as we do not accept responsibility for lost items. Gift cards and promo codes cannot be applied to exchanges. Returns must be made within the timeframe listed on the returns page unless faulty. Size exchange requests are subject to availability of stock. Should your size request be unavailable a refund will be provided. SurfStitch does not accept cash as a form of payment and takes no responsibility for cash sent via post.


Any items returned outside of this period (unless faulty) or items returned damaged or soiled (unless faulty) will be the responsibility of the customer to retrieve. SurfStitch will not pay to return these items to you.

All Parcel Point returns are governed by the terms of service set by Parcel Point. SurfStitch accepts no liability for returns processed via Parcel Point. For more information please see Parcel Point for more info.

 

Change of Address

The shipping address for your order is shown in the checkout and on your order confirmation and shipping confirmation emails. In the event that an incorrect address was entered, address changes can only made until the order begins processing. SurfStitch cannot accommodate all address change requests. We highly recommend calling our customer service team on 1800 172 208 instead of emailing as we cannot guarantee instant responses to email enquiries.


SurfStitch takes no responsibility for orders shipped to an incorrect or invalid address and is not liable for any loss associated.

 

International Customs Charges

Some orders may incur a customs or import duty charge. SurfStitch do not have any control over these charges or are unable to advise what they will be, as it is based on your own countries regulations & compliances. For further information, please contact your local customs office.

All charges are to be paid by the customer on delivery of order. Orders cannot be returned to sender and SurfStitch will never pay these customs charges on your behalf. If you refuse to pay these charges your parcel may be abandoned, and SurfStitch will not be held responsible for any loss of funds as a result of this occurrence. We cannot mark International orders as a gift in order to bypass or reduce any customs fees. This is an illegal practice and as an established business we will not do this.

 

Pricing

Prices are subject to change without notice. There may be duties and taxes added to your package by the destination country. You will be responsible for these upon delivery and are not included in your order total. All credit cards are charged in Australian Dollars. Non-Australian currency figures are all approximations based on an exchange rate

 

Faulty Items and Warranty Information

All repairs are carried out by the manufacturer and not by SurfStitch. In some cases, faulty items cannot be repaired and a replacement or refund will be offered. SurfStitch cannot control the availability of parts of replacement goods.

 

SurfStitch has no control over manufacturer warranty periods, nor can we control repair periods and cannot advise what they will be. We will however do everything we can to ensure your faulty item is handled as quickly as possible and that you are informed throughout the process. In cases where you have returned goods directly to the manufacturer, SurfStitch cannot be held accountable for repair periods or communication from the manufacturer.


In cases where a faulty item was received a pre-paid shipping label can be emailed to cover the return costs on the faulty item. Faulty items may be returned outside of the regular returns time frames providing the item is still under warranty. Please contact customer service or the brand directly for warranty periods.


We aim to have your return processed within 24 hours of receiving the item; however some faults must be approved by the manufacturer before a refund or replacement can be issued. This process usually takes around 1-4 weeks.


Watch and Wetsuit returns: Each manufacturer may have different warranty periods or service standards for faulty items. SurfStitch works closely with its brands to ensure faulty items are dealt with promptly, but we have no control over the repairs or assessment process for warranty issues. In most cases, products returned in used condition will be repaired instead of replaced and will not be refunded unless repair is impossible. Any items returned outside of the warranty period will generally incur a charge for the repair. For more information on your products warranty, please contact the brand directly.


GoPro Returns: Please ensure you have visited the GoPro Support site before contacting SurfStitch about your GoPro. Many questions and issues can be resolved here: http://www.gopro.com/support

 

Order Cancellations

If notified before goods have been dispatched, SurfStitch.com can accommodate order cancellations. If items have been shipped, SurfStitch.com reserves the right to refuse order cancellation or charge a cancellation fee should we be able to request the return of the package from our delivery service.

 

Copyright and Trademark Notice

This site is owned and operated by SurfStitch Pty Ltd. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of SURFSTITCH PTY LTD. 


All software used on the site is the sole property of SURFSTITCH PTY LTD or those supplying the software. 


You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. 


No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without SURFSTITCH PTY LTD prior written permission. 


All rights not expressly granted herein are reserved.


Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, SurfStitch.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. 


SurfStitch.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. 


If your credit card has already been charged for the purchase and your order is cancelled, SurfStitch.com shall immediately issue a credit to your credit card account in the amount of the charge.

 

Links

This site may contain links to other sites on the Internet that are owned and operated by third parties. 


You acknowledge that SurfStitch.com is not responsible for the operation of or content located on or through any such site.

 

Credit Card Payments and Verification

All orders are subject to pre-authorisation checks to ensure sufficient funds are available and to confirm the validity of the payment method. The total amount of the order will be frozen on your account and this amount is taken when the order is despatched. Authorisations will appear as pending charges on your card, but you will only be charged once for a single order when it is despatched. Orders cancelled before shipment will still have this authorisation held. Some credit cards may be subject to a $1 authorisation check which will be released back to you.

 

Some orders may be subject to small charge verification before they are approved for shipment. In these cases a small amount between $0 and $1 will be held on your credit card and you will be asked to confirm this amount to validate your payment. This is not a charge, but an authorisation which will release back to you.

 

PayPal Express Checkout

Customers choosing to checkout with PayPal Express will automatically have their order shipped Express Shipping (no signature required) unless bulky. The order will be shipped to the address selected in your PayPal account. Once the order has been shipped SurfStitch cannot alter your delivery address or shipping method.

 

Promotions & Gift Cards

› Promotions, discounts and promotional codes (collectively "Promotions") are valid for the specified time period for online purchases of merchandise only and may be used one time only unless otherwise stated.

› One time use Promotions must be used in their entirety in a single purchase. Any amounts not redeemed in the applicable purchase will be forfeited. Promotions cannot be combined with other promotions.

› Promotions do not apply to gift certificates, shipping, GST or duties or similar services.

› Promotions cannot be applied retroactively to previously placed orders or to orders that have been adjusted.

› For promotions requiring a minimum order size, charges for shipping and credits from gift certificates do not count towards the minimum order size requirement.

› For promotions where you must buy 1 (or more) item(s) to get a reduction on the second (additional) item(s), the discount will be applied at checkout to the lower priced item.

› If merchandise was purchased with a Promotion and subsequently returned, you will be issued a credit or refund at the promotional price and, if the Promotion has expired, it cannot then be applied to a replacement or future order.

› If you return a gift that was purchased with a Promotion and the Promotion has expired, you cannot apply the expired Promotion to a replacement or future order.

› Promotional items are available only while supplies last; SurfStitch does not issue rain checks for items that run out of stock.

› SurfStitch can, at its sole discretion, extend or terminate a Promotion at any time.

› SurfStitch has no obligation to advise an entrant of an incomplete or incorrect entry and will not be accountable for the return of any item ordered incorrectly.

› By claiming a promotional offer on your order, you agree that you have understood the terms and conditions of that promotion.

› All promotional spend levels and discounts are in Australian Dollars (AUD).

› $10 gift cards may not be combined with any other promotional offer and cannot be used in multiple quantities on a single order.

› Some promotional offer gift cards may not be combinded with any other promotional offer or promo code offer.


 

Purchased Gift Cards

SurfStitch gift cards entitle users to Australian Dollars which can be redeemed at SurfStitch.com (Australia). In order to successfully use your Gift Card the following rules must be adhered to - The Gift Card Number and PIN must be entered and used within the payment page; The Gift Card must be used prior to the Gift Card’s expiration date; The gift card cannot be used to purchase - Gift cards and Gift wrap. Should The Customer return items bought with the use of the Gift Card SurfStitch will, at SurfStitch's discretion - Issue a refund by way of credit to their gift card up to the value of the gift card amount redeemed, and by regular refund for the value exceeding the value of the gift card, should the returns be received prior to the gift card expiry date; or issue no refund should the returns be received after the gift card expiry date, except where the refund amount exceeds the value of the gift card, in which case they will be refunded the difference between the total refund amount due and the value of the gift card. In order to redeem your gift card, you must use the SurfStitch checkout by selecting “Proceed to Checkout” in the cart; “PayPal” checkout will bypass the gift card redemption page.



Promotional Gift Cards

1. McDonalds Alarm Promotion Gift Cards- $10 gift cards, with $10 minimum spend

2. Lion Nathan - $25 Gift Cards

3. NIB Gift Cards


SurfStitch gift cards entitle users to Australian Dollars which can be redeemed at SurfStitch.com (Australia). In order to successfully use your Gift Card the following rules must be adhered to - The Gift Card Number and PIN must be entered and used within the payment page; The Gift Card must be used prior to the Gift Card’s expiration date; You must spend the minimum full-price spend or more on full-priced products to be eligible to use this Gift Card; The gift card can only be used on full priced product; The gift card cannot be used in conjunction with any other promo code offer; The gift card cannot be used to purchase - Gift cards and Gift wrap. Gift cards may be redeemed between the Gift Card’s promotional periods only. Should The Customer return items bought with the use of the Gift Card SurfStitch will, at SurfStitch's discretion - Issue a refund by way of credit to their gift card up to the value of the gift card amount redeemed, and by regular refund for the value exceeding the value of the gift card, should the returns be received prior to the gift card expiry date; or issue no refund should the returns be received after the gift card expiry date, except where the refund amount exceeds the value of the gift card, in which case they will be refunded the difference between the total refund amount due and the value of the gift card. In order to redeem your gift card, you must use the SurfStitch checkout by selecting “Proceed to Checkout” in the cart; “PayPal” checkout will bypass the gift card redemption page. Limit one Gift Card per order. 1 Gift Card per person will be issued.



LOADUP20 - 20% OFF SALE ITEMS- $50 Minimum Spend

 

20% off sale items in your order.

Enter promo code LOADUP20 to receive 20% off sale items in your order, when you spend $50 or more on sale items.

Terms and conditions:

1. Discount code expires 11:59pm Tuesday 16th February, 2016.

2. Discount code entitles you to 20% off sale items in your order.

3. You must apply the promo code (one word) in the bottom of your cart to receive the 20% discount.

4. SurfStitch has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry.

5. Only one (1) promo code can be applied to a single order. This includes free gift offers requiring a promo code to be applied.

6. If you are unsure how to complete this promotion, please contact customer service before finalising your order. Promotional offers will not be honoured unless the relevant code has been applied in the cart and no refund will be offered if promotion was not completed correctly.

7. The promotion cannot be applied to an order that has been completed, nor can the 20% discount be applied to an invalid order.

8. If items from the order are returned and your order no longer meets the spend level required for the promotion, all remaining items will be charged at their listed price at the time of purchase. If the return drops your order below the required spend level you will not receive the discount offered to the lower amount.



LOADPUP25 - 25% OFF SALE ITEMS- $100 Minimum Spend

 

25% off sale items in your order.

Enter promo code LOADUP25 to receive 25% off sale items in your order, when you spend $100 or more on sale items.

Terms and conditions:

1. Discount code expires 11:59pm Tuesday 16th February, 2016.

2. Discount code entitles you to 25% off sale items in your order.

3. You must apply the promo code (one word) in the bottom of your cart to receive the 25% discount.

4. SurfStitch has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry.

5. Only one (1) promo code can be applied to a single order. This includes free gift offers requiring a promo code to be applied.

6. If you are unsure how to complete this promotion, please contact customer service before finalising your order. Promotional offers will not be honoured unless the relevant code has been applied in the cart and no refund will be offered if promotion was not completed correctly.

7. The promotion cannot be applied to an order that has been completed, nor can the 25% discount be applied to an invalid order.

8. If items from the order are returned and your order no longer meets the spend level required for the promotion, all remaining items will be charged at their listed price at the time of purchase. If the return drops your order below the required spend level you will not receive the discount offered to the lower amount.



LOADPUP30 - 30% OFF SALE ITEMS- $150 Minimum Spend

 

30% off sale items in your order.

Enter promo code LOADUP30 to receive 30% off sale items in your order, when you spend $150 or more on sale items.

Terms and conditions:

1. Discount code expires 11:59pm Tuesday 16th February, 2016.

2. Discount code entitles you to 30% off sale items in your order.

3. You must apply the promo code (one word) in the bottom of your cart to receive the 30% discount.

4. SurfStitch has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry.

5. Only one (1) promo code can be applied to a single order. This includes free gift offers requiring a promo code to be applied.

6. If you are unsure how to complete this promotion, please contact customer service before finalising your order. Promotional offers will not be honoured unless the relevant code has been applied in the cart and no refund will be offered if promotion was not completed correctly.

7. The promotion cannot be applied to an order that has been completed, nor can the 30% discount be applied to an invalid order.

8. If items from the order are returned and your order no longer meets the spend level required for the promotion, all remaining items will be charged at their listed price at the time of purchase. If the return drops your order below the required spend level you will not receive the discount offered to the lower amount.



LOADPUP35 - 35% OFF SALE ITEMS- $200 Minimum Spend

 

35% off sale items in your order.

Enter promo code LOADUP35 to receive 35% off sale items in your order, when you spend $200 or more on sale items.

Terms and conditions:

1. Discount code expires 11:59pm Tuesday 16th February, 2016.

2. Discount code entitles you to 35% off sale items in your order.

3. You must apply the promo code (one word) in the bottom of your cart to receive the 35% discount.

4. SurfStitch has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry.

5. Only one (1) promo code can be applied to a single order. This includes free gift offers requiring a promo code to be applied.

6. If you are unsure how to complete this promotion, please contact customer service before finalising your order. Promotional offers will not be honoured unless the relevant code has been applied in the cart and no refund will be offered if promotion was not completed correctly.

7. The promotion cannot be applied to an order that has been completed, nor can the 35% discount be applied to an invalid order.

8. If items from the order are returned and your order no longer meets the spend level required for the promotion, all remaining items will be charged at their listed price at the time of purchase. If the return drops your order below the required spend level you will not receive the discount offered to the lower amount.



2FOR and 3FOR $X Promotion

 

Terms and conditions:

1. Promotion is valid only until stocks last.

2. You must, in one transaction, purchase two or more valid products to be eligible for this discount. Valid products are in the following categories:

http://www.surfstitch.com/category/mens-clothing/mens-2-for-30

http://www.surfstitch.com/category/mens-clothing/mens-2-for-40

http://www.surfstitch.com/category/mens-clothing/mens-2-for-50

http://www.surfstitch.com/category/mens-clothing/mens-2-for-80

http://www.surfstitch.com/category/mens-clothing/mens-2-for-100

http://www.surfstitch.com/category/womens-clothing/womens-3-for-40

http://www.surfstitch.com/category/womens-clothing/womens-2-for-40

http://www.surfstitch.com/category/womens-clothing/womens-2-for-50

3. SurfStitch has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry.

4. If you are unsure how to complete this promotion, please contact customer service before completing your order.

5. Your order must contain two (2) or more of the selected products to receive this offer. If promotional item is refunded, the remaining promotional shirt must also be returned in original condition, or will be charged at the standard advertised price to the customer.



Newsletter Signup Discount

Enter your unique promo code to receive $20 off your order when you spend over $100.

 

Terms and conditions:

1. Discount code expires 11:59pm AEST 4 weeks after initial send date.

2. Discount code entitles you to get $20 off your order when you spend $100 or more on valid items

3. Discount does not apply to Gift Cards, Gift Wrapping, Surfboards, Softboards, Stand Up Paddle Boards & Accessories, Bicycles, Cameras, Camera Accessories, Surfboard Racks, Vinyl & Speakers, Hurley, Quiksilver, Roxy, DC, Billabong, Element, Element Eden, Rusty, RVCA, Oakley, Am Eyewear, Colab, Tigerlily, Kustom, Von Zipper, Rip Curl, Dakine, Ksubi, Xcel, Sector 9, Dragon, FCS, Future Fins, Creatures of Leisure, Burton, Nike, Havaianas, Birkenstock, Volcom, O’Neill, Otis, G-Star, Nixon & Valley Eyewear.

4. You must apply the promo code in the bottom of your cart to receive the discount on valid items in your order.

5. SurfStitch has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry.

6. At checkout, only one promo code can be entered in at any one time.

7. If you are unsure how to complete this promotion, please contact customer service before finalising your order. Promotional offers will not be honoured unless the relevant code has been applied in the cart and no refund will be offered if promotion was not completed correctly.

8. The promotion cannot be applied to an order that has been completed, nor can the relevant promo code and discount be applied to an invalid order.

9. Promo code is single-use only.

10. If items from the order are returned and your order no longer meets the spend level required for the promotion, all remaining items will be charged at their listed price at time of purchase. If the return drops your order below the required spend level you will not receive the discount offered to the lower amount.



Student Edge Discount

Enter your code to receive 15% off valid items in your order.

 

Terms and conditions:

1. Discount code commences 05:00am AEST Friday 31st July 2015.

2. Discount code expires 11:59pm AEST 31st January 2016.

3. Discount code entitles you to 15% off valid items in your order.

4. Discount does not apply to: Gift cards, Gift wrap; items from the following categories: Surfboards, Softboards, Stand Up Paddle Boards, Home Wall Mounted Board Racks, Cameras, Polaroids, Vinyl Records, Bikes; or items from the following brands: Hurley, Quiksilver, Roxy, DC, Billabong, Element, Element Eden, RVCA, Oakley, Am Eyewear, Colab, Tigerlily, Kustom, Von Zipper, Rip Curl, Dakine, Ksubi, Xcel, Sector 9, Dragon, FCS, Future Fins, Creatures of Leisure, Burton, Nike, Havaianas, Birkenstock, Volcom, O’Neill, Otis, G-Star, Nixon, Valley Eyewear & Rusty.

5. You must apply the promo code (one word) in the bottom of your cart to receive the 15% discount on valid items in your order.

6. SurfStitch has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry.

7. Only one (1) promo code can be applied to a single order. This includes free gift offers requiring a promo code to be applied.

8. If you are unsure how to complete this promotion, please contact customer service before finalising your order. Promotional offers will not be honoured unless the relevant code has been applied in the cart and no refund will be offered if promotion was not completed correctly.

9. The promotion cannot be applied to an order that has been completed, nor can the 15% discount be applied to an invalid order.



UNiDAYS Discount

Enter your code to receive 15% off valid items in your order.

 

Terms and conditions:

1. Discount code commences 05:00am AEST 28th July 2015.

2. Discount code expires 11:59pm AEST 31st March 2016.

3. Discount code entitles you to 15% off valid items in your order.

4. Discount does not apply to: Gift cards, Gift wrap; items from the following categories: Surfboards, Softboards, Stand Up Paddle Boards, Home Wall Mounted Board Racks, Cameras, Polaroids, Vinyl Records, Bikes; or items from the following brands: Hurley, Quiksilver, Roxy, DC, Billabong, Element, Element Eden, RVCA, Oakley, Am Eyewear, Colab, Tigerlily, Kustom, Von Zipper, Rip Curl, Dakine, Ksubi, Xcel, Sector 9, Dragon, FCS, Future Fins, Creatures of Leisure, Burton, Nike, Havaianas, Birkenstock, Volcom, O’Neill, Otis, G-Star, Nixon, Valley Eyewear & Rusty.

5. You must apply the promo code (one word) in the bottom of your cart to receive the 15% discount on valid items in your order.

6. SurfStitch has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry.

7. Only one (1) promo code can be applied to a single order. This includes free gift offers requiring a promo code to be applied.

8. If you are unsure how to complete this promotion, please contact customer service before finalising your order. Promotional offers will not be honoured unless the relevant code has been applied in the cart and no refund will be offered if promotion was not completed correctly.

9. The promotion cannot be applied to an order that has been completed, nor can the 15% discount be applied to an invalid order.



Big Mobile Competition – Conditions of Entry

Introduction

The Promoter of the Bog Mobile Competition (Competition) is SurfStitch Pty Limited (ABN 65141251443) of 225 Burleigh Connection Road, Burleigh Heads QLD 4220 (Promoter).

Information on how to enter and the prize(s) form part of these Terms and Conditions. Entry into and participation in the Competition is subject to these Conditions of Entry. By submitting an entry into the Competition, individuals acknowledge that they have read and understood and agree to be bound by these Conditions of Entry.

The Promoter and related bodies corporate (as defined in the Corporations Act 2001 (Cth)), agents, representatives and licensors and any persons authorised by such entities (including any sponsors or agents of the Competition that are listed on competitions.surfstitch.com or otherwise specified by the Promoter from time to time) will be referred to individually and collectively as SurfStitch in these Conditions of Entry. The primary website address for the Competitions is competitions.surfstitch.com. This, and all associated SurfStitch webpages or sites linked to it (including any related mobile phone messages or material), are referred to in these Conditions of Entry as the Website.


2. Who is eligible to enter?

The Bog Mobile Competition is open to individuals (Eligible Persons) who:

a) are citizens or permanent residents of Australia;

b) are at least 18 years of age at the commencement of the Competition Entry Period;

c) are not (and none of their immediate family or people they are living with are) employees, officers, directors or agents of SurfStitch or any sponsor associated with the Competition. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin; or

d) do not have any criminal convictions.

By entering the Competition, Eligible Persons authorize the Promoter to conduct any police checks deemed necessary by the Promoter in its sole discretion to ensure an entrant is an Eligible Person.


3. How to Enter

In order to enter the Competition, individuals (an Entrant) must follow the following steps:

1. The Entrant must enter via this URL: http://x.email.surfstitch.com/ats/show.aspx?cr=100219&fm=23&tp={(TrackingParams)}

2. The Entrant will need to enter their first and last name as well as their email address, gender and phone number.

3. To complete their entry, the Entrant will need to click “Enter Competition” where he/she will be taken to another tab, which will allow the Entrant to gain more entries by sharing the competition with their friends through Email, Facebook & Twitter.

The Promoter reserves the right, at any time, to ask Entrants to undergo a probity check at any time and to disqualify any Entrant who receives an entry that is not in accordance with these Conditions of Entry or who tampers with the entry process. If an Entrant fails to provide such evidence or undergo a probity check within a reasonable time, or if an Entrant provides false, misleading or inaccurate information, the Promoter may disqualify the Entrant from the Competition. Entries with any errors and omissions may be accepted, rejected, amended or corrected at the Promoter’s and/or the Agent’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

Entrants must also inform the Promoter if they have or receive any criminal convictions, in which case the Promoter may reject or disqualify their Entry in the Promoter’s sole discretion.

Entrants acknowledge that their personal details will be stored and used by the Promoter and any supplier of prizes in accordance with SurfStitch’s applicable Privacy Policy, which is available at http://www.surfstitch.com/info/footer_privacy_policy.

Entrants must bear their own costs and expenses associated with the preparation and participation in the Competition, including any cost associated with accessing the Website, unless otherwise specified on the Website or in these Conditions of Entry, or agreed by the Promoter in advance in writing.

If there is a dispute as to the identity of an Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant.


4. Determination of Winners

The winner of the prize will be randomly selected. The random selection will be computer generated and skill plays no part in determining the winner of this promotion.

The use of any automated entry software or any other mechanical or electronic means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries/votes submitted by that Entrant invalid.

All Prizes are accepted at the Winner’s and/or companion’s risk (as applicable) and the Promoter (and its Prize and Competition suppliers) each exclude all warranties in connection with the Prizes, to the extent permitted by law. The Winners are responsible for any taxes payable as a result of a Prize being awarded or received.

Details of all Prizes will be determined by the Promoter, in its sole discretion and the Promoter reserves the right to substitute alternative Prizes. Prizes are not transferable or exchangeable and, except as substituted by the Promoter, cannot be taken in any other form, including cash.


5. Prizes

Entry for the Competition opens at 6:00AM Australian Eastern Standard Time (AEST) on Thursday the 11th of February 2016 and closes at 11:59PM AEST on Wednesday the 9th of March 2016 (Competition Entry Period).

Details of the Prizes are as follows:

The first valid entry drawn will win a $500 SurfStitch digital gift card.

As of January 25th the maximum Prize value for the Prize Package is AUD $500. The Promoter accepts no responsibility for any variation in the Prize value.

The prize draw will take place at SurfStitch Pty Ltd, 225 Burleigh Connection Rd Burleigh Heads 4220 QLD at 2:00 PM QLD Time every Wednesday from the 11th of February to the 9th of March 2016.

The winner will be contacted by telephone and by the email address provided in their corresponding order details to the entry. If the winner does not accept the prize within a period of three 1 day by 2:00PM QLD time on Friday, a re-draw will take place SurfStitch Pty Ltd, 225 Burleigh Connection Rd Burleigh Heads 4220 QLD on Friday 2:00PM QLD time. The new winner will be contacted by telephone and by the email address provided in their corresponding order details to the entry.

Prize Conditions

The Prize must be taken by 6 months after winning date. If the prizes are not taken between specified dates, the prize will be automatically forfeited, subject to approval from relevant regulatory authorities.

This prize digital gift card must be taken as offered and cannot be sold, bartered or exchanged for cash. Once the digital gift card is issued changes are not permitted.

Notwithstanding the above, Big Mobile and SurfStitch reserves the right to offer the winner a prize alternative to the prize originally awarded and accepted which, with the winners written consent, shall replace the original prize, equal to or greater in value than the original prize


6. General rules of the Competition

The Promoter reserves the right, at any time, to invalidate any votes which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information.

The Promoter will not be responsible for any problems or technical malfunction of any online computer systems, servers or providers, computer equipment, software or failure of any email or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or any mobile network.

SurfStitch or any Promoter Associate will, under any circumstances, include:
(i) special, direct, indirect, consequential, incidental, special or punitive damages; or
(ii) damages for loss of opportunity, profits, revenue or goodwill, whether in contract, tort (including negligence), in equity, under statute, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
arising in any way out of:
(i) any technical difficulties or equipment malfunction (whether or not under the Promoter’s or any Promoter Associate’s control);
(ii) any theft, un-authorised access or third party interference;
(iii) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter or any Promoter Associate;
(iv) any variation in prize value to that stated in these Conditions of Entry;
(v) any tax liability incurred by a winner or Entrant; or
(vi) use of a prize.


7. General matters

If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, un-authorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law:
(a) to disqualify any entrant; or
(b) to modify, suspend, terminate or cancel the Promotion, as appropriate, subject to the relevant regulatory authority approval.

Nothing in these Conditions of Entry is intended to, or will be construed as, creating a relationship of employer and employee, principal and agent, joint venture or partnership between an Entrant and SurfStitch.

If any part of these Conditions of Entry is held to be invalid or unenforceable, only that part will be amended or severed to the extent of any invalidity without affecting the validity of the remaining provisions.

These Conditions of Entry are governed by the law in force in the State of Queensland, Australia, and any other relevant regulatory authorities and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia any other relevant regulatory authority and courts of appeal from them for determining any dispute concerning these Conditions of Entry.

Any provisions of these Conditions of Entry which by their nature survive termination or expiry of these Conditions of Entry will survive termination or expiry of these Conditions of Entry.

If a party does not act in relation to a breach by the other party of these Conditions of Entry, this does not waive the non-breaching party’s right to act with respect to subsequent or similar breaches.

These Conditions of Entry constitute the entire agreement between the Promoter and an Entrant in relation to the Competition and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between the Promoter and an Entrant in relation to the Competition.

The words ‘including’, ‘such as’, ‘particularly’ and similar expressions are not used as, nor are intended to be, interpreted as words of limitation.

The Promoter may notify an Entrant via any of the contact details the Entrant supplies as part of their Entry. An email sent to Entrants will be regarded as given and received 24 hours after the email was sent, unless the Promoter receives notification that the email was not delivered.

The Promoter holds all agreements, covenants and undertakings expressed to be on behalf of any Promoter Associate on trust for that Promoter Associate.

Notwithstanding any other provision in these Terms and Conditions, the Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter and any prize suppliers may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.


8. General Promotional Gift Card Terms and Conditions.

Expiry: 6 Months After Activation.

All Promotional Gift Card Conditions:

1. Minimum spend of $10 applies;

2. The gift card can only be used on full priced product;

3. The gift card cannot be used in conjunction with any other promo code offer;

4. The gift card cannot be used to purchase - eGift cards, physical (summer) Gift Cards, and Gift wrap

5. Gift cards may be redeemed between the Gift Card’s promotional periods only

6. Should The Customer return items bought with the use of the Gift Card SurfStitch will, at SurfStitch's discretion - Issue a refund by way of credit to their gift card up to the value of the gift card amount redeemed, and by regular refund for the value exceeding the value of the gift card, should the returns be received prior to the gift card expiry date; or issue no refund should the returns be received after the gift card expiry date, except where the refund amount exceeds the value of the gift card, in which case they will be refunded the difference between the total refund amount due and the value of the gift card.

7. In order to redeem the gift card, The Customer must use the SurfStitch checkout by selecting “Proceed to Checkout” in the cart; “PayPal” checkout will bypass the gift card redemption page.

8. Limit one Gift Card per order.

9. 1 Gift Card per person will be issued.

SurfStitch Pty Limited (ABN 65141251443)

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