Terms

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Terms

Terms & Conditions

In General

Luke Hart Surfboards (Toy Factory Surfboards) owns and operates this Website. This document governs your relationship with Luke Hart Surfboards (“The Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.  Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and magicseaweed will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Luke Hart Surfboards or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by magicseaweed and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with Luke Hart Surfboards (Toy Factory) you must be over 18 years of age. Toy Factory retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

  1. Our ContractWhen you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
  2. Pricing and AvailabilityWhilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
  3. PaymentUpon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Toy Factory and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Toy Factory liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Toy Factory and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Toy Factory .

Indemnity

You agree to indemnify, defend and hold harmless Toy Factory, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

Toy Factory shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Toy Factory. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Toy Factory.

This notice was last updated on 16/05/2018

PROTECTING YOUR PRIVACY OUR PROMISES

Toy Factory Surfboards –  we are 100% committed to protecting the privacy and security of our customers and all site visitors (all of you). Toy Factory staff, friends and family are all customers of Toy Factory and shop online regularly. We totally appreciate and respect how important privacy is.

We do not, and will not, sell any of your personal data to any third party including your name, address, email address or phone number. That is our promise to you.

If you have any questions about how we Protect Your Privacy, drop us a line at info@toyfactorysurfboards.com

For all our services, the data controller (the company that’s responsible for your privacy) is Luke Hart Surfboards

You can see our fully privacy policy below.

NAVIGATING THIS PAGE

EXPLAINING THE LEGAL BASIS WE RELY ON

The law on data protection sets out a number of different reasons for which a company may collect and process your personal data, including:

Legitimate interests

We collect and process your data to pursue our legitimate interests, in ways they would reasonably expect as part of running our business and which does not materially impact your rights, freedom or interests.

If you have placed an order with form surfboards or registered to receive our newsletter, we assume you are interested in our products or services. We will send you our weekly e-mail newsletter, our weekly surfboard trade in newsletter, and any special offers from time to time.

You can unsubscribe from these mailings at any time, by clicking the unsubscribe link at the bottom of all our newsletters, or by contacting us on info@toyfactorysurfboards.com

We may use your purchase history to send you or make available personalised offers.

If you have had problems placing your order and abandoned your shopping basket, we may e-mail you to offer assistance in completing your order.

Consent

In specific situations, we can collect and process your data with your consent.

For example if you enter a competition we are running on our site or a partners site, and tick a box to receive email newsletters.

Contractual obligations

In certain circumstances, we need your personal data to comply with our contractual obligations.

For example, if you place an order for a surfboard for next day delivery to your home. We’ll collect your address details to deliver your purchase, and pass them to our courier.

Legal compliance

If the law requires us to, we may need to collect and process your data.

For example, we can pass on details of people involved in fraud or other criminal activity Toy Factory affecting  to law enforcement.

WHEN DO WE COLLECT YOUR PERSONAL DATA?

  • When you visit our website, and use your account to buy products and services

  • When you apply to make a purchase on finance

  • When you make an online purchase and check out as a guest (in which case we just collect transaction-based data – you may still opt in to receive our newsletter).

  • When you create an account with toy factory

  • When you purchase by phone or at our office but don’t have (or don’t use) an account.

  • When you purchase by phone or at our office and have an existing account.

  • When you engage with us on social media.

  • When you contact us by any means with queries, complaints etc.

  • When you enter our competitions.

  • When you fill out any forms on toy factory surfboards

  • When you book any kind of appointment with us to visit our showroom.

  • When you choose to respond any surveys we send you.

  • When you comment on or review our products and services.

WHAT SORT OF PERSONAL DATA DO WE COLLECT?

  • If you have a web account with us (or place an order as a guest): your name, billing/delivery address, orders and receipts, email and telephone number. For your security, we’ll also keep an encrypted record of your login password.

  • If you apply to make a purchase on finance (in addition to the details above. We will require 3 years of address history, date of birth, marital status, residential status, employer details, salary details, bank account and sort code.

We do not store these details once we have completed your credit application online.

  • Details of your interactions with us online, via e-mail, or over the phone.

For example, we collect notes from our conversations with you, details of any complaints or comments you make, details of purchases you made, items viewed or added to your basket, voucher redemptions, brands you show interest in, web pages you visit and how and when you contact us.

  • Copies of documents you provide to prove your identity. This may include details of your full name, address, date of birth and facial image. If you provide a passport, the data will also include your place of birth, gender and nationality. Or a copy, screen shot of your bank statement in terms of fraud checking.

We do not store documents used to prove your identity on or offline. If we ask you to prove your identify for fraud prevention purposes, we will delete any documents provided before your order is dispatched.

  • Details of your shopping preferences.

Details of your visits form surfboards, and which site you came from to ours. Information gathered by the use of cookies in your web browser. Learn more about how we use cookies and similar technologies.

  • Personal details which help us to tailor your shopping experience

For example, you might tell us your preferred surfboard volume, which we’ll use to guide your suggested items.

We’ll only ask for and use your personal data collected for recommending items of interest and to tailor your shopping experience with us. Of course, it’s always your choice whether you share such details with us.

  • Payment card information.

We do not store full card details either online or offline. At no time during the toy factory checkout does anyone have access to your card details – All card processing is handled by Sage Pay.

  • Your comments and product reviews.

To deliver the best possible web experience, we collect technical information about your internet connection and browser as well as the country and telephone code where your computer is located, the web pages viewed during your visit, the advertisements you clicked on, and any search terms you entered.

INFORMATION OF CHILDREN

Hardcloud Ltd (trading as Boardshop.co.uk) does not target and is not intended to attract children under the age of sixteen. Although visitors of all ages may navigate through our website we do not knowingly collect or request personal information from those under the age of sixteen. If, following a notification from a parent, guardian or discovery by other means, a child under sixteen has been improperly registered on our site by using false information, we will cancel the child’s account and delete the child’s personal information from our records.

HOW AND WHY DO WE USE YOUR PERSONAL DATA?

We use your information in a number of different ways – what we do depends on the information. The following lists a full breakdown.

Your name and contact details

How we use your name & contact details

  • Deliver your purchases to you. We’ve got to do this to perform our contract with you (it’s a bit hard to send your order if we don’t use your name and contact details!)

  • Send you service messages by text, e-mail or, such as order updates. We’ve got to do this to perform our contract with you (so you can tell when your order is coming)

  • Sending you information by email, about our new products and services, or sending our weekly trade in surfboard newsletter (best e-mail of the week we are told). You can unsubscribe at anytime.

  • Sending you unfinished order e-mails to determine if we can help with an unfinished shopping basket.

  • Fraud prevention and detection. To prevent and detect fraud against either you or Hardcloud Ltd, unfortunate, but absolutely essential

  • Showing you a few Boardshop.co.uk adverts as your browse the web, So you can see our latest products and deals

  • Finding out what you, and other customers, like. To ensure we are giving you what you want, and to stay as the worlds bet online surf shop.

Your payment information

This means your card’s number, security/CVV code, don’t worry, we don’t keep them.

How we use your payment information

  • Take payment, and give refunds. We’ve got to do this to perform our contract with you, we’re not giving everything away.

  • Fraud prevention and detection. To prevent and detect fraud against either you or Hardcloud Ltd, unfortunate, but absolutely essential

Your contact history with us

What you’ve said to us, for example, over e-mail, the phone, on instant chat, or on social media.

How we use your contact history

  • Provide customer service and support. We’ve got to do this to perform our contract with you, after all, you expect the best service from us.

Purchase history and saved items

What you’ve bought and what you’ve stored in your basket for another time

How we use your purchase history and saved items

  • Sell you things. We’ve got to do this to perform our contract with you – if you can’t put stuff into a basket, you can’t buy it!

  • Provide customer service and support, and handle returns. We’ve got to do this to perform our contract with you

  • Finding out what you, and other customers, like. To ensure we are giving you what you want, basically to stay as the worlds bet online surf shop.

Information about your phone or laptop, and how you use our website

Information you give us when you browse our site, including your IP address and device type and, if you choose to share it with us, your location data, as well as how you use our website.

How we use information about your phone or laptop, and how you use our website.

  • Improve our website and set default options for you (such as language and currency). To give you the best possible shopping experience

  • Protect our website. To prevent and detect fraud against either you or Hardcloud Ltd, unfortunate, but absolutely essential and to meet our legal obligations about looking after your data.

Your responses to surveys, competitions and promotions

How we use your responses to surveys, competitions and promotions

  • Run the survey, competition or promotion. We’ve got to do this to perform our contract with you, if we can’t use your entry, you can’t possibly win – you really want to miss out on a free surfboard!

You don’t have to give us any of this personal information but if you don’t, you may not be able to buy from the site, and you are unlikely to receive our optimal overall customer experience.

We also anonymise and aggregate personal information (so that it does not identify you) and use it for purposes including testing our IT systems, data analysis, improving our site. Samples of this aggregate data may also be shared with third parties.

WHO DO WE SHARE YOUR PERSONAL DATA WITH?

We do not, and will not, sell any of your personal data to any third party including your name, address, email address or credit card information. We want to earn and maintain your trust, and we believe this is absolutely essential in order do that.

However, we share your data with the following categories of companies as an essential part of being able to provide our services to you, as set out in this statement:

  • Companies that do things to get your purchases to you, such as payment service providers, and delivery companies.

  • Professional service providers, such as advertising partners and website hosts, who help us run our business.

  • Credit reference agencies, law enforcement and fraud prevention agencies, so we can help tackle fraud, and provide order on finance options.

HOW TO STOP MARKETING MESSAGES FROM Form Surfboards

If you have placed an order with Toy Factory, or opted in to receive our newsletter, we assume you are interested in our products or services. We will send you our weekly e-mail newsletter, our weekly surfboard trade in newsletter, and any special offers from time to time.

You can unsubscribe from these mailings at any time, by clicking the unsubscribe link at the bottom of all our newsletters, or by contacting us on info@toyfactorysurfboards.com Once you do this, we will update your profile to ensure that you don’t receive further marketing messages.

Please note that, it might take a few days for all our systems to be updated, so you might get messages from us while we process your request.

Stopping marketing messages will not stop service communications (such as order updates, abandoned basket / failed order e-mails).

SEEING ADVERTS FOR FORM SURFBOARDS ONLINE

We are not a massive online company, with huge marketing budgets. But we do engage in limited online advertising, also to keep you aware of what we’re up to and to help you see and find our products.

Like many companies, we target Boardshop.co.uk banners and ads to you when you are on other websites and apps. We do this using a variety of digital marketing networks and ad exchanges, and we use a range of advertising technologies like pixels, ad tags, cookies, and mobile identifiers, as well as specific services offered by some sites and social networks, such as Facebook’s Custom Audience service.

The banners and ads you see will be based on information we hold about you, or your previous use of Boardshop (for example, your search history, products you have viewed).

You can opt out of these at anytime by clicking the tool option on the banners or adverts.

HOW WE PROTECT YOUR PERSONAL DATA

We know how much data security matters to all our customers. With this in mind we will treat your data with the utmost care and take all appropriate steps to protect it.

We secure access to all transactional areas of our websites and apps using ‘https’ technology.

Access to your personal data is password-protected, and we don’t store sensitive data such as full payment card information.

We regularly monitor our system for possible vulnerabilities and attacks, and we carry out penetration testing to identify ways to further strengthen security.

HOW LONG WILL WE KEEP YOUR PERSONAL DATA?

We’ll hold on to your information for as long as you have your account, or as long as is needed to be able to provide the services to you. Order details will be kept for 7 years as legally required.

If reasonably necessary or required to meet legal or regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, we may also keep hold of some of your information as required, even after you have closed your account or it is no longer needed to provide the services to you.

WHAT ARE YOUR RIGHTS OVER YOUR PERSONAL DATA?

You have a lot of rights relating to your personal information:

  • The right to be informed about how your personal information is being used (like this policy really!)

  • The right to access the personal information we hold about you

  • The right to request the correction of inaccurate personal information we hold about you (although you can probably do most of this through My Account)

  • The right to request that we delete your data, or stop processing it or collecting it, in some circumstances

  • The right to stop direct marketing messages, which you can do through My Account, and to withdraw consent for other consent-based processing at any time

  • The right to request that we transfer or port elements of your data either to you or another service provider

  • The right to complain to your data protection regulator – in the UK, the Information Commissioner’s Office

If you want to exercise your rights, have a complaint, or just have questions, please contact us.

CHANGES TO HOW WE PROTECT YOUR PRIVACY

We may change this page from time to time, to reflect how we are processing your data.

If we make significant changes, we will make that clear on the Boardshop, or by some other means of contact such as email, so that you are able to review the changes before you continue to use Boardshop.co.uk

COOKIES

We use cookies on our website. For more information on cookies, please see our cookie notice.

ANY QUESTIONS?

We hope this Privacy Notice has been helpful in setting out the way we handle your personal data and your rights to control it.

If you have any questions that haven’t been covered, please contact our Data Protection Officer who will be pleased to help you:

Email us at info@toyfactorysurfboards.com

Or write to us at Data Protection Officer, toy factory Surfboards , unit 8 seabase units, newquay, cornwall TR76 2SX

Our cookie policy –

Cookie Policy for Toy Factory Surfboards

This is the Cookie Policy for Toy Factory Surfboards, accessible from www.toyfactorysurfboards.com

What Are Cookies

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ certain elements of the sites functionality.

For more general information on cookies see the Wikipedia article on HTTP Cookies.

How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.

The Cookies We Set

  • Account related cookies

    If you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.

  • Login related cookies

    We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.

  • Email newsletters related cookies

    This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.

  • Orders processing related cookies

    This site offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.

  • Surveys related cookies

    From time to time we offer user surveys and questionnaires to provide you with interesting insights, helpful tools, or to understand our user base more accurately. These surveys may use cookies to remember who has already taken part in a survey or to provide you with accurate results after you change pages.

  • Forms related cookies

    When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.

  • Site preferences cookies

    In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

  • This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

    For more information on Google Analytics cookies, see the official Google Analytics page.

  • We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including; {List the social networks whose features you have integrated with your site?:12}, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

More Information

Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. This Cookies Policy was created with the help of the CookiePolicyGenerator.com

However if you are still looking for more information then you can contact us through one of our preferred contact methods:

  • Email: info@toyfactorysurfboards.com

 

 

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