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Terms & Conditions

Please read the terms and conditions displayed before using the seafolly.com website. By using the seafolly.com website, you are deemed to have read the terms and conditions and be bound by them.

Seafolly Australia trades under the entity Seafolly Pty. Limited, ABN 43 001 537 748, 247 King Street Mascot New South Wales 2020 Australia.
Seafolly Australia – United States trades under the entity of Seafolly LLC, registered address of Box 527, 3983 South McCarran Blvd Reno, NV 89502 United States; with address currently in use of 1135 Newport Center Drive, Newport Beach, CA, 92660 United States.
Seafolly Australia – Singapore trades under Seafolly International Pte Ltd, Company Reg No: 200405811N, 6001 Beach Rd, #14-01 Golden Mile Tower, Singapore, 199589.

Privacy

Please review our privacy policy which govern this website in order to understand how these are applied.

Conduct

This website has been developed for use by customers and intended customers. You agree not to use the website in any way that causes or is intended to cause access or the website to be damaged, interrupted, or impaired in anyway including but not limited to:

  • Causing annoyance or nuisance inconvenience or mischief
  • Fraudulent purposes or in connection with unlawful or criminal activity
  • Breach of copyright, trademarks, confidence, privacy or any other right
  • Copyright 2012 Seafolly

Contract

When you place an order to purchase a product from Seafolly, we will send you an email confirming receipt and details of your order. Our acceptance of this offer to purchase will be at the time we dispatch that product to you and a confirming email in this regard is sent. The acceptance will be complete at this time. It is agreed at the time you place an order it is your intention to enter into a contract with Seafolly Pty Limited.

Pricing & availability

Australia regional site: prices are shown in AUD and will be charged in AUD, even if the currency converter tool is applied to show the conversion rate in an alternate currency.
United States regional site: prices are shown in USD and will be charged in AUD, even if the currency converter tool is applied to show the conversion rate in an alternate currency.
Singapore regional site: prices are shown in SGD and will be charged in SGD, even if the currency converter tool is applied to show the conversion rate in an alternate currency.

Seafolly list products for sale on its website as indicated. Whilst we use our best endeavors to fulfil such orders, we cannot be held responsible if the products are not available at a given point in time. It is further noted that dispatch times indicated below are a guide and are not guaranteed dispatch times and should not be relied upon as such.

Not all items listed online are available in store.

Consent

Seafolly.com assumes all sales are made to persons over the age of 18. If you are under 18, you need to have the involvement of a parent or guardian.

Payment

Payment is only accepted by means of the credit card types as shown and Paypal. We are unable to process any other payment form.

Alterations to terms & conditions

We reserve the right to make changes to our website, policies, terms and conditions at any time.

Waiver

Should you breach any terms or conditions, and we take no action against you, we shall be entitled to invoke our rights and remedies in any other situation where you breach these conditions.

Governing Law 

The above terms and conditions are governed by the laws applicable of the state of New South Wales in Australia. Both parties submit to the non exclusive jurisdiction of the New South Wales Courts.

 

Gift Card Terms of Use

These Terms and Conditions apply to all Gift Cards issued by:
Seafolly Pty Ltd (ABN 43 001 537 748) (Seafolly) Australia.
Seafolly Pte Ltd (Company Reg No. 200405811N) (Seafolly) Singapore.
Seafolly LLC (Seafolly) United States.

 1. Introduction

1.1.    To the extent permitted by law, these Terms of Use contain the full set of conditions governing the purchase, issue, redemption and use of your Seafolly Gift Card. Any recipient of the Gift Card should be directed to these Terms of Use to ensure that they are appropriately informed before they make use of their Gift Card.
1.2.    If you have any questions or would like more information about your Gift Card, please call customer service on 1300 420 811 within Australia, 855 732 3655 within the United States or on +61 2 9291 8309 from outside of Australia.

2. Accepting the Gift Card and agreeing to these Terms of Use

By purchasing, redeeming, attempting to redeem or otherwise using a Gift Card, you accept and agree to be bound by these Terms of Use.

Purchasing the Gift Card

2.1.    Gift Cards may be purchased at participating Seafolly Concept Stores in Australia, Singapore or United States.
2.2.    The initial value deposited to the account of the Gift Card is determined as at the time of purchase, in local currency and no further amounts may be deposited following purchase.
2.3.    Gift Cards may not be cancelled once payment has been processed.  Gift Cards are not (in part or in full) refundable or redeemable for cash.

3. Purchases using the Gift Card

3.1.    You may use your Gift Card to purchase goods from the Seafolly online stores trading in the currency of purchase origin: 
www.seafolly.com.au
www.seafolly.com
www.seafolly.com.sg
You may use your Gift Card to purchase at any Seafolly Concept Store operated by Seafolly excluding those at the following locations:
(a)         Seafolly Chadstone; and
(b)        Seafolly Melbourne Central.
3.2.    Your Gift Card is only valid for use at participating Seafolly Concept Stores and the online stores as detailed above; and cannot be used with any other reseller of Seafolly branded goods. Gift cards purchased can not be used at a Seafolly concept store or online store trading in a different currency than that used to purchase the Gift Card.
3.3.    Your Gift Card may only be used to make purchases up to the value contained on the Gift Card. If you wish to make a purchase of goods for an amount that exceeds the value on your Gift Card, you must pay the excess using another payment method.
3.4.    No change will be given where any value or credit balance remains on the Gift Card following a purchase of goods.
3.5.    Your Gift Card cannot be used to purchase another Gift Card.

4. No cash advances

You cannot obtain any cash advance with your Gift Card.

5. Expiry and value balance

5.1.    Your Gift Card will be valid for 12 months from the date of purchase. The value of any unused balance on the Gift Card after the date of expiry will be forfeited and will not be refunded, credited or transferred to any replacement or new Gift Card.  It is your responsibility to ensure the value placed on the Gift Card is redeemed within that time frame.
5.2.    You can confirm the expiry date and balance of your Seafolly Gift Card and your transaction history by contacting customer support on 1300 420 811 within Australia, 855 732 3655 within the United States or on +61 2 9291 8309 from outside of Australia; or by presenting your Gift Card at the counter in any participating Seafolly concept store.

 
6. Lost, stolen or damaged Gift Cards

6.1.    Seafolly accepts no responsibility for the loss, theft or destruction of Seafolly Gift Cards and Seafolly has no obligation to replace or refund the value of lost, stolen or damaged Gift Cards.
6.2.    You are liable for all transactions on your Seafolly Gift Card, including where your Gift Card has been lost or stolen.
6.3.    Seafolly is entitled to prevent further use or the redemption of the value contained on any Gift Card if:
(a)         you report that it has been lost, stolen or damaged; or
(b)        Seafolly believes or has reason to suspect that the Gift Card has been or will be used in a manner that contravenes these Terms of Use or is unlawful, misleading or deceptive, unfair or causes detriment to any other person.


7. Changes to Terms of Use

Seafolly reserves the right to change any of the terms contained in these Terms of Use, including the adding or removing of Seafolly stores at which the Gift Card may be used, at any time without notice.

 
8. Queries or complaints

If you have any queries or complaints regarding the purchase or use of the Gift Card, please contact Seafolly on 1300 420 811 within Australia, 855 732 3655 within the United States or on +61 2 9291 8309 from outside of Australia; or email shop@seafolly.com.au.

 
9. Applicable law

9.1.        These Terms of Use are to be construed and enforced in accordance with the laws of New South Wales, Australia. Any dispute arising from your receipt or use of a Gift Card is exclusively subject to the jurisdiction of the courts of New South Wales, Australia (including the Federal Court of Australia).

 

Promotions 

 

Birthday Voucher

To receive a Birthday Voucher you must be subscribed to the Seafolly e-newsletter and have provided all personal details required such as full name, email address and date of birth.

Birthday vouchers are valid for a one month period and are available for a one time use on full price product.

Birthday vouchers are emailed at the start of the month. Should you sign up after the first day of the month, and your birthday is within the month, you will need to contact customer service to request your voucher.

The voucher can be redeemed in Seafolly Concept Stores or Seafolly Online. To find a Seafolly Concept Store please view our find a store location and look for your local store that has “Concept” in the store name. Seafolly stockists cannot honour this discount.

To redeem online the provided code must be entered at checkout prior to payment. Orders successfully placed and paid for without provision of this code cannot be adjusted.

To redeem in store the email must be presented to, and verified by, a Seafolly representative. Seafolly reserves the right to request further identification and can refuse service of this offer should fraudulent redemption be suspected.

 

Australia - Win a Trip To Byron Bay with Two of Your Besties 2016

  1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. 
  2. Entry is only open to Australian residents aged 18 years or older.
  3. Employees (and their immediate families) of the Promoterparticipating retailers and agencies associated with this promotion are ineligible to enter. 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. 
  4. Promotion commences on 01/09/2016 and closes at 11:59pm AEDST on 15/09/2016 (“Promotional Period”). 
  5. To enter, eligible individuals must follow, or already be following Seafolly Australia on Facebook or Instagram.
  6. To enter, eligible individuals must send an email to competition@seafolly.com.au so that it is received during the Promotional Periodwith the subject title “Seafolly X Byron Bay Besties”containing the entrant’s first name, last name, age, address, telephone number, the entrant’s answer to the promotional question “Why are you dreaming of a trip to Byron Bay?” in twenty five (25) words or less.
  7. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
  8. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including their identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved. 
  9. Incomplete or indecipherable entries will be deemed invalid. 
  10. Only one (1) entry permitted per person.
  11. Every entry will opt entrant into the Seafolly enewsletter database, entrants can opt out at any time.
  12. 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.
  13. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. 
  14. The winning entrant will be notified by telephone and email.  
  15. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on literary and creative merit of the answer provided to the promotional question. The judging will take place on 16/09/2016.
  16. The Promoter’s decision is final and no correspondence will be entered into. 
  17. The best valid entry, as determined by the judges, will win the major prize of a trip for three (3) adults (aged over 18 years) to Byron Bay, NSW valued at up to $3,500 depending on date and point of departure. Prize includes: 
    1. 3 x return economy airfares from winner's nearest capital city to Coolangatta airport in QLD (only provided if winner’s nearest airport is not Coolangatta). If the winner’s nearest airport is Coolangatta, then the prize does not include airfares and the airfare component of the prize is not redeemable for cash. 
  • 2 nights in two (2) rooms, double share at the Atlantic Guesthouses, Byron Bay; 
  • Car Hire from Coolangatta Airport for two days. If winners are under 21, or do not fulfil requirements for car hire, return transfers will be substituted.
  • A private Surfing Lesson on Watego’s Beach with Mojo Surf
  • 3 x Seafolly Gift Vouchers valued at $500 each.
  1. Spending money, additional meals, insurance, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken by 30/12/2016 and is subject to booking and flight availability. Prize cannot be taken during Australian school holidays, public holidays or other peak periods.
  2. The winner (and their companion/s) must personally purchase travel insurance. The Promoter is not responsible for any damages (personal or otherwise) incurred.
  3. The winner (and their companion/s) must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. The winner may be required to present their credit card at time of accommodation check in. 
  4. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion, or suspend or modify a prize.  
  5. If for any reason a winner does not take a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of a prize) will be forfeited. 
  6. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification. 
  7. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. 
  8. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to answers to promotional questions (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants agree that: 

(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; 

(b) the Content shall not contain viruses or cause injury or harm to any person or entity; 

(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in the Content; 

(d) the Content is the original work of the entrant and/or they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party; 

(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and 

(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems. 

Without limiting any other terms herein, each entrant agrees to indemnify the Promoter for any breach of the above terms.                

  1. As a condition of entering this promotion, each entrant grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. 
  2. Entrants consent to the Promoter using the entrant name, likeness, image and/or voice in the event an entrant is a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. 
  3. 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, unauthorised 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. 
  4. Any cost associated with emailing the Promoter is the entrant’s responsibility and is dependent on the Internet service provider used. 
  5. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion. 
  6. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) 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; (d) any variation in prize value to that stated in these Terms and Conditions; (e) if the appearance of any or all of the Seafolly team members are delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use/taking of a prize. 
  7. As a condition of accepting a prize, the winner (and accompanying prize winners) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.  
  8. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. PI of entrants will be added to the Promoter’s database and may be used for an indefinite period, unless otherwise advised, for promotional and marketing purposes. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at http://www.seafolly.com.au/privacy. The Privacy Policy also contains information about how individuals may opt out, access, update or correct their PI, how individuals may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose personal information collected through this promotion to any entity outside of Australia. 
  9. The Promoter is Seafolly Pty Limited (ABN 43 001 537 748) of SEAFOLLY Building 3 & 4, The Mill, 41-43 Bourke Rd Alexandria, NSW 2015


Australia - Vogue Offer

Offer valid from 9am (AEST) 11 July 2016 for the first 200 customers on www.seafolly.com.au only. 

Spend $100 or more and receive a free Pool Towel in Indigo valued at $59.95. Offer only valid online, not available in store.

Gift towel can not be retained if order is returned. If towel is not returned with refund request, $59.95 will be retained and any additional balance will be refunded. Otherwise standard returns and exchange spolicy applies. If a gift towel is returned damaged, without tags or in a condition that is not resaleable, $59.95 plus $9.95 postage will be retained and the towel will be posted back to the customer.