Terms of Sale
(Last update 01/02/17)
Bob Purvey, owner/operator DBA Ugly Enterprises, Malibu manages the sales of The Ugly Special Edition, Limited Edition, Hybrid, Hybrid 2, Super Ugly and Super Ugly 2 Bob Purvey Design surfboards.
HOW TO PLACE AN ORDER: Click here>> “Order Form,” then…
Print the order form and instructions. Review the instructions to assist in filling out the order form. Should you have any questions, click here to read the Frequently Asked Questions to help make proper choices on dimensions, graphics, accessories, pricing, etc. If you have any further questions email them to firstname.lastname@example.org. Team Ugly will reply within 24 hours. After filling out the order form, scan it and email it, or mail it to us with your 50% deposit of the base price check, and please notify us via email that you have placed an order and mailed it. Also, you can process your order on Paypal.
It is up to the customer to provide any additional materials needed to assist in making accurate color, graphic pattern or design choices during the manufacturing process. We must discuss your order to confirm your preferences. Email us at your convenience at email@example.com to arrange for a phone meeting appointment or appointment at the factory or call Bob at 310-457-8306.
Make check payable to: Ugly Enterprises. Mail to: Ugly Enterprises – P.O. Box 4064, Malibu, California 90264 USA, or pay via Paypal with most credit cards (joining PayPal is NOT required).
After placing an order, we will contact you to confirm that we have received your order and arrange for a time to discuss the details. Once we review your order and it has been approved, you will be required to place a 50% non-refundable deposit with Ugly Enterprises to begin the manufacturing process. After receiving your deposit we will provide you with a “Board #.”
Your 50% deposit is non-refundable. Changes may be accepted after manufacturing begins if done within a reasonable time.
Returned checks are subject to bank charges and handling fees, which are payable by the customer (depending on bank, fees may range from $15 to $85). Uglyboards charges a $25 handling fee for returned checks in addition to bank charges.
All orders are subject to acceptance by Ugly Enterprises, and we will confirm such acceptance to you by sending you an email, FAX or snail mail confirming the receipt of your order with the “Board #.” A binding contract with us will only be formed when we give you the Board number and you have signed the agreement to the Terms of Sale, which follows herein. The contract will relate only to those products we have confirmed in the order. We reserve the right to cancel your order at any time and we may rescind our acceptance and cancel your order where there has been an obvious error in price. In that case 100% of your deposit will be refunded unless you accept the new prices with a new order confirmation.
Upon confirmation, customer shall pay Ugly Enterprises a deposit of 50% of the base price of the model as a precondition to manufacturing. The deposit is to be credited toward payment in full with an approximate 50% balance due on the total price. Balance must be paid in full before shipment to customer is made.
Once manufacturing is completed you will be notified verbally by phone, written notification by FAX or email or snail mail that your board is ready to be picked up or shipped. Should you decide to pick it up you will have 10 days thereafter to pay the balance or a $10 a day storage fee will start to accrue on the 11th day for up to 60 total days after notification of finished date. After 60 days from the finish date, customer is in arrears on the account and no communication is made by the customer to reach us, Ugly Enterprises may then cancel this Contract and may sell the board to recover any outstanding balance.
Customer may pick up or have the surfboard and any accessories shipped. Shipping arrangements may be determined before or after the Shipping Confirmation is placed. Unless otherwise stipulated, shipping and any national or international carrier’s charges, if applicable, are charged separately to the customer. Ugly Enterprises will make shipping arrangements with customer’s preferred carriers or recommend a carrier. Packaging and handling charges for shipping will apply to customers total cost. We highly recommend that the customer insure the order while in transit. Should the customer decide not to do so, the customer indemnifies Ugly Enterprises, it’s agents and representatives from any shipping damages or loss should they occur while in transit after the board has left the factory.
The risk of loss from any casualty to the Goods, regardless of the cause, will be the responsibility of Ugly Enterprises while in the factory. Once the board has been received by the shipping carrier it is up to the carrier to be liable for any damages.
We warrant that the surfboard(s) sold by the terms of this sale are new and free from defects in workmanship and materials. Our liability under the foregoing warranty is limited to replacement of goods or repair of defects or refund of the purchase price. No other warranty, express or implied, is made by us, and none shall be imputed or presumed.
All sales taxes, tariffs, and other governmental charges shall be paid by Customer and is the customer’s responsibility except as limited by law.
These terms shall be governed by the laws of the State of California. Any disputes hereunder will be heard in the appropriate federal and state courts located in Los Angeles County, California.
Force Majeure. Ugly Enterprises, may choose, without liability, delay performance or cancel this Contract on account of force majeure events or other circumstances beyond its control, including, but not limited to, strikes, acts of God, political unrest, embargo, failure of source of supply, or casualty.
Miscellaneous. These terms constitute a Contract and contains the entire agreement between the parties and supersedes and replaces all such prior agreements with respect to matters expressly set forth herein. No modification shall be made to this Contract except in writing and signed by both parties. This Contract shall be binding upon the parties and their respective heirs, executors, administrators, successors, assigns and personal representatives.
Prices and availability of products are subject to change without notice. Errors will be corrected when discovered and the customer will be notified within a reasonable time.
All items purchased are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the shipment carrier.
Non-U.S. Pricing: Pricing of products available for purchase by non-U.S. customers may vary by country and from our prices for our U.S. customers, owing to the inclusion of all or a portion of shipping, taxes, duties and imports factored into the price of the product.
Distance Selling Regulations: If you are contracting as a foreign consumer, you may cancel an order that we have accepted at any time within seven (7) days prior the Order Confirmation date. In this case, you will receive a full refund. Please note, if there are any institutional transaction fees for deposit transfers you must pay the cost of return of the deposit funds and any associated transaction fees to us under the policy, unless the order is cancelled by us, in which case we will bear your costs of transaction fees in question to us.
To cancel an order, you must inform us by both email and by phone contact information located on the “Contact” page of theuglysurfboard.com web site and get a Confirmation of Cancellation notice emailed or sent to you.
Your order will be fulfilled in the order it was received. Manufacturing takes approximately 6 to 8 weeks from within a reasonable time of the date of the Order Confirmation, which could, in exceptional circumstances, be longer than 60 days.
Disclaimers of Warranty and Limitations of Liability: To all customers, we warrant to you that, the surfboard purchased from Ugly Enterprises is of satisfactory quality and reasonably fit for all the purposes for which the surfboard is commonly used and will conform with description we provide in the order form.
Our liability for losses any international customer suffers as a result of us breaking these Terms and Conditions or anything else we do or do not do in connection with any order is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses may be foreseeable where they could reasonably be contemplated by the parties at the time your order is accepted by us.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
This does not in any way limit or exclude any liability of us (a) under section 2(3) of the Consumer Protection Act 1987, (b) for breach of any condition as to title or quiet enjoyment implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982; (c) for death or personal injury caused by our negligence or (d) for fraudulent misrepresentation.
Other than the warranties and other assurances we give you in these Terms and Conditions, Ugly Enterprises specifically disclaims all warranties, conditions and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose. No oral advice or written information given by Ugly Enterprises shall create a warranty (unless made fraudulently).
COPYRIGHT You acknowledge that the content of our web site, catalogs, brochures and/or sales materials contains information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices and give credit and references if need be in place of the lack thereof. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained in the Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
INTELLECTUAL PROPERTY INFRINGEMENT: We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, “Associates”) who supply some of the goods advertised on theuglysurfboard.com and associated web sites and, in some cases, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through our web sites, or items advertised through our web sites, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through our web sites, or items advertised on our web sites, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to our web sites. In order for us to investigate your claim of infringement, you must provide us with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe has been infringed;
A description of where the material that you claim is infringing is located or identified on the Site; Your name, address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
P.O. Box 4064
Malibu, California 90264, USA
TRADEMARKS: Ugly and Super Ugly are registered trademarks with the United States Trademark Office (USPTO) and Chinese Authorities and owned exclusively by Bob Purvey. Other marks which may or may not be designated in the content by a “™” “®” “SM” or other similar designation, are registered, pending or unregistered trademarks or service marks of Bob Purvey, in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Bob Purvey. Bob Purvey’s trademarks and trade dress may not be used in connection with any product or service that is not Bob Purvey’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bob Purvey. All other trademarks not owned by us that appear in the Content are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bob Purvey.
Applicable Law: If you access the Ugly Enterprises Terms of Sale from our web site, brochures, catalogs or sales representatives or from anywhere other than the United States or Canada, you agree that English law will govern these Terms and Conditions and that any dispute of any sort that might arise between you and UglyBoards, Malibu or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of England and Wales.
These Terms and Conditions were last revised and made effective as of March 6, 2016.
EMAIL ENQUIRIES TO: firstname.lastname@example.org
PHONE: (310) 457-8306