Terms And Conditions

BACKGROUND:

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, bluefinsupboards.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language.

WARRANTY T&C’s

Bluefin’s warranty covers only the items purchased directly from Bluefin, and Bluefin is not responsible for any costs, losses or damages incurred as a result of any warranty claim.

Warranty remains valid under the original purchaser, and cannot be transferred in the event of any gift or sale of Bluefin items.

Any products that are requested to be returned to Bluefin under warranty must include a return authorisation notice, which can be provided by Bluefin Customer Service.

Bluefin will cover the cost of any warranty returns by issuing a prepaid drop off label for purchases that have been placed within 6 months, the original or suitable replacement packaging provided by the customer must be used for the return of the product. After this time (6 months), the customer will be responsible for any return postage and a tracked/insured service must be used. Shipping charges are non-refundable.

Although our warranty is very inclusive we do have some exclusions, These are the following;

General wear and tear.

Damage caused by misuse or neglect of the item.

Damage caused by use exceeding the maximum user weight.

Damage caused by insufficient packing during transportation of the item.

Damage caused by use of solvents and adhesives.  

Damage caused by anything other than defects in material or manufacturers workmanship.

Any and all claims for consequential or incidental damages.

Boards purchased from non-authorised Bluefin retailers.

Damage or defects caused by impact with any materials or objects (rocks, docks, other boards, etc).

Damage or defects caused by use outside of its intended purpose.

Damage or defects caused by heel dents also known as pressure dings.

Damage or defects caused by inappropriate storage in temperatures over 90°F and under 32°F.

Damage or de-lamination caused by over-heating as a result of exposure to direct sunlight while not in use.

Damage or defects caused by wave impact and/or impact with ocean/lake floor.

Damage or defects caused by storage of the board in closed, damp conditions (example a wet board bag).

Damage to fin or fin box caused by impact.

Should any modification, change or alteration be made to the product that is not specifically authorized in writing by Bluefin, all coverage under the warranty will be void.

Any repaired or replaced boards will be covered for the remainder of the warranty period, starting from the original date of receipt.

All warranty returns must be sent to us within 30 days of receiving the returns authorisation.

Warranty, Returns and/or product replacements are only applicable/redeemable in the following locales; United Kingdom, Germany, Mainland Spain, France, Netherlands, Italy, USA and Australia.

Upon receipt of any warranty return item, and after undergoing our routine checks, we’ll be able to take your case further and either exchange or refund your item as agreed.

Up to 60 days: During the first 60 days of warranty a refund or new replacement may be offered.

60 days to 6 months: Between 60 days and 6 months from receipt of your product a new replacement may be offered.

6 months onwards: From 6 months, where appropriate, a like-for-like refurbished replacement may be offered.

In some cases, where suitable, replacement parts may be arranged without the need for a return. This is Bluefin’s preferred method in line with our sustainability outlook.

Please note, it can take up to 14 days for a return to be processed once we have received your consignment.

This warranty is in addition to and does not affect your legal rights under laws.

1. Definitions and Interpretation

In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” - means a contract for the purchase and sale of Goods, as explained in Clause 7;
“Goods” - means the goods sold by Us through Our Site;
[“Goodwill Guarantee” - means the goodwill guarantee offered by Bluefin SUPs of Bluefin Trading Ltd
“Order” - means your order for Goods
“Order Confirmation” - means our acceptance and confirmation of your Order
“Order Number” - means the reference number for your Order
“We/Us/Our” - means Bluefin SUPs of Bluefin Trading Ltd

2. Information About Us

https://bluefinsupboards.com/, is [owned and] operated by Bluefin SUPs of Bluefin Trading Ltd [, a limited company registered in England under 08635951, whose registered address is Keelham Farm, Wadsworth, Hebden Bridge, West Yorkshire, HX7 8TG and whose main trading address is] Keelham Farm, Wadsworth, Hebden Bridge, West Yorkshire, HX7 8TG. [Our VAT number is 189 5890 34.]

3. Access to and Use of Our Site

Access to Our Site is free of charge.
It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Use of Our Site is subject to our Website Terms of Use https://bluefinsupboards.com/. Please ensure that you have read them carefully and that you understand them.

4. Goods, Pricing and Availability

We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
Where appropriate, you may be required to select the required size, model, colour, number, of the Goods that you are purchasing.
We cannot guarantee that Goods will always be available. Stock indications are not always provided on Our Site, however such indications may not be accurate at the time of order. We will always inform you if we cannot fulfil your order due to stocking issues.
Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers/coupons at any time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 4.8 regarding VAT, however).
All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 14 days, We will treat your Order as cancelled and notify you of this in writing.
In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
Prices may fluctuate throughout the year with sales throughout the various seasons. If price is seen to be lower than the price you paid within 14 days of your purchase, We will give you store credit balance which will be the difference in the price you paid which can be used in store at a later date. This includes any January sales, Black Friday and Cyber Monday sales that maybe on throughout the year.
All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
Free delivery for orders over £100. For orders under £100, there’s only a small, non-refundable £2.99 fee.

5. Orders – How Contracts Are Formed

Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. [Our acknowledgement of receipt of your Order does not mean that we have accepted it.] Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
Order Confirmations shall contain the following information:
[We will also include a paper copy of the Order Confirmation with your Goods].
In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 28 days.
Any refunds due under this Clause will be made using the same payment method that you used when ordering the Goods [unless you specifically request that We make a refund using a different method].

6. Payment

Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will be charged at the time of ordering.

We accept the following methods of payment on Our Site:
PayPal
Credit/Debit Card
Apple Pay
Google Pay
Klarna

7. Delivery, Risk and Ownership

All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 13).

If We are unable to deliver the Goods on the delivery date, the following will apply:

If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox [or left in a safe place nominated by you], We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
If you do not collect the Goods or rearrange delivery within 7 days, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Goods.

In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 9.1), if any of the following apply you may treat the Contract as being at an end immediately:

We have refused to deliver your Goods; or

In light of all relevant circumstances, delivery within that time period was essential; or

You told Us when ordering the Goods that delivery within that time period was essential.

Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address [including, where relevant, any alternative address] you have provided.
Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
Any refunds due under this Clause will be made using the same payment method that you used when ordering the Goods [unless you specifically request that We make a refund using a different method].

8. Faulty, Damaged or Incorrect Goods

By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at sup-support@bluefintrading.co.uk as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Your available remedies will be as follows:
Beginning on the day that you receive the Goods (and ownership of them) you have a 60 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
If you do not wish to reject the Goods, or if the 60 calendar day rejection period has expired, you may request a repair of the Goods. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa).
If, after a repair or replacement and within 6 months, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
Please note that you will not be eligible to claim under this Clause if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling-off period, within which you can return Goods for this reason.
Full warranty terms for Our products can be found here https://bluefinsupboards.com/info-zone/warranty/
To return Goods to Us for any reason under this Clause, please contact Us at sup-support@bluefintrading.co.uk to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this Clause and will reimburse you where appropriate.
Refunds (whether full or partial, including reductions in price) under this Clause will be issued within 28 calendar days of the day on which We agree that you are entitled to the refund.
Any and all refunds issued under this Clause will not include all delivery costs paid by you when the Goods were originally purchased.
Refunds under this Clause will be made using the same payment method that you used when ordering the Goods [unless you specifically request that We make a refund using a different method].

9. Canceling and Returning Goods if You Change Your Mind

If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.

If you wish to exercise your right to cancel under this Clause, you must inform Us of your decision within the cooling-off period You may do so in any way you wish. Cancellation by email is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.

We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.

Please note that you may lose your legal right to cancel under this Clause in the following circumstances:

If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
If the Goods have been personalised or custom-made for you;
If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.

Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause.

Refunds under this Clause will be issued to you within 28 calendar days of the following:

The day on which We receive the Goods back; or
If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.

Refunds under this Clause may be subject to deductions in the following circumstances:

Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.

Refunds under this Clause will be made using the same payment method that you used when ordering the Goods [unless you specifically request that We make a refund using a different method].

10. Our Liability to Consumers

We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or subcontractors); or for fraud or fraudulent misrepresentation.
Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.

11. Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
We will inform you as soon as is reasonably possible;
We will take all reasonable steps to minimize the delay;
To the extent that we cannot minimize the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
If the event outside of Our control continues for more than 28 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 28 days of the date on which the Contract is canceled;

12. Communication and Contact Details

If you wish to contact Us with general questions or complaints, you may contact Us by email at sup-support@bluefintrading.co.uk.
For matters relating the Goods or your Order, please contact Us by email at sup-support@bluefintrading.co.uk.
For matters relating to cancellations, please contact Us by email at sup-support@bluefintrading.co.uk.

13. Complaints and Feedback

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
By email, addressed to Olivia, Customer Services Manager at sup-support@bluefintrading.co.uk

14. Safety Notice

Using an SUP, like all sports, carries an inherent risk of injury, damage to property or even death. You should always ensure you undertake the correct precautions before using your board in any and all conditions. You should use the product within your abilities at all times and take every safety precaution before using your board.
In no event shall bluefin SUP be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the use or misuse of its products.

15. How We Use Your Personal Information (Data Protection)

All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https://bluefinsupboards.com/bluefin/privacy-policy/

16. Other Important Terms

We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (excluding delivery charges) which will be paid within 28 days of your cancellation.

17. Law and Jurisdiction

These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.
If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

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