Terms and Conditions

1. Website Terms of Use

  1. Access
  2. Your Account
  3. Intellectual Property
  4. Permitted Use
  5. Data Protection
  6. Our Liability
  7. Links to Other Websites
  8. Indemnity
  9. Law and Jurisdiction

2. General

  1. Data Protection
  2. Intellectual Property
  3. Force Majeure
  4. Rights of Third Parties
  5. Assignment
  6. Severability
  7. No Waiver
  8. Variation
  9. Jurisdiction
  10. Competitions

3. Online Shop Purchases

  1. Agreement
  2. Definitions
  3. Ordering
  4. Payment
  5. Delivery
  6. International Orders
  7. Right to Cancel the Contract
  8. Returns
  9. Lost or Damaged Goods

4. Vouchers

  1. Online Gift Cards
  2. Narosa Gift Vouchers
  3. Surf Credit Vouchers
  4. Narosa Surf Vouchers

1 Website Terms of Use

1.1 Access

We try to ensure that the website operates correctly and runs smoothly. However, we don’t accept any responsibility or liability to you if this website becomes temporarily unavailable due to technical issues, or issues beyond our control. We do not guarantee that this website will be compatible with all or any hardware and software which you may use.

1.2 Your Account

You should keep your registration details (including your password and log-in) secure and must not give them to any other person. You are responsible for all activity carried out using your registration details, whether or not you have allowed or facilitated it. If you discover or suspect that your registration details are known by a third party or are being used without authorisation, you must tell us immediately.

You should keep all your personal information up to date. You may add additional addresses as required, and set a default address for delivery. Please note that we will not retain your credit or debit card details.

When logged in to your account, you will be able to check and edit your personal information, see your order history and wish-list You can manage your newsletter subscription options by going to the bottom of a newsletter and clicking “update profile.”

1.3 Intellectual Property

The website and any property belonging to or associated with us, including any trade mark or trade name, logos and software, and all information and other content on the website (including, but without limitation, text, graphics, videos, music, sound and links) is and remains at all times our property or is used under licence and is protected under international treaty provisions and world-wide copyright laws and you agree that you will not infringe any such rights in any way.

Without our prior written permission, you may not copy, modify, alter, reproduce, create derivative works from, publish, broadcast, distribute, sell, transfer or exploit any material on this website or the underlying software code whether in whole or in part. However, the contents of this website may be downloaded, printed or copied for your personal non-commercial use, or if you are a business customer, for purposes which are necessary to our business relationship.

1.4 Permitted Use

You may only use this website in line with these terms, and for lawful and proper purposes. You must comply with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this website. In particular, you agree that you will not:

  • Use this website in a manner which causes or may cause an infringement of the rights of any other person or which violates any applicable law or regulation;
  • Make any unauthorised, false or fraudulent bookings;
  • Use any software, routine, engine or other device to interfere or attempt to interfere electronically or manually with the operation and look of this website, or to breach or attempt to breach its security.

We reserve the right in our sole and absolute discretion to restrict or prohibit your access to this website at any time and for any reason. If you violate any of these terms, your permission to use this website shall terminate immediately without the necessity for any notice.

1.5 Data Protection

Any personal information you supply to us when you use this website will be processed in accordance with our Data Protection Policy. By using this website you consent to such processing and warrant that all data provided by you is accurate.

1.6 Our Liability

Keeping the information on this website accurate and up-to-date is one of our highest priorities. However, while we try to ensure that it is accurate, reliable, timely and complete, we do not accept liability for any inaccurate, unreliable, untimely or incomplete information contained therein, or for any reliance placed upon it by you.

The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms with might otherwise be implied by statute, common law or the law of equity and all liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of this website and for any other loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise.

While we try to ensure that the website is secure, we cannot guarantee the security of your personal information, nor that the website (or any website to which you may be linked) is free from viruses or similar matters that may damage your website, computer or systems. We accept no responsibility for any loss of data, or for any denial, restriction or interruption of access.

Nothing in these terms affects our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

This website may include links to other internet sites for information purposes. These links are provided for your convenience to provide further information. We do not endorse any such websites and we are not responsible for the information, material, products or services contained on or accessible through those websites. We can also give no guarantee they are free from viruses or anything else that could be infectious or destructive. You access and use those websites entirely at your own risk.

You may only link to this website with our express written permission. We expressly reserve the right to withdraw our consent at any time to a link which in our sole opinion is inappropriate or controversial. You must not establish a link for any website which is not owned by you.

1.8 Indemnity

You agree to indemnify, defend and hold us harmless from any and all liability, damage, loss, claim and expense (including reasonable legal fees) related to any breach by you of these Terms of Use.

1.9 Law and Jurisdiction

Your use of this website, any material downloaded from it and the operation of these Terms and Use shall be governed by, construed and interpreted in accordance with the laws of England and you agree to submit to the non-exclusive jurisdiction of the English courts. We reserve the right to bring proceedings in the courts of the country of your residence or any other country.

2 General

2.1 Data Protection

In processing your personal data, we comply with all applicable Data Protection legislation. Please see our Data Protection Policy for details.

2.2 Intellectual Property

All materials provided to you by us or by our staff or instructors or associates, and any intellectual property belonging to or associated with our company and/or services, including any website, trade mark or trade name, logo, designs, text and graphics are the sole property of the Company or our speakers or associates, and you agree that you will not infringe any such rights in any way. You can make a copy of materials provided for your own personal use, but no other use of them is authorised.

2.3 Force Majeure

We will not be liable for any breach of this Agreement which is a result of circumstances beyond our reasonable control, including but not limited to strike, lock-out, labour dispute, acts of God, acts of terrorism, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, insolvency or bankruptcy of either party or any third party, fire, flood, snow and storm, exceptional weather conditions, difficulty or increased cost in obtaining workers, goods or transport and other circumstances affecting the supply of goods or services.

2.4 Rights of Third Parties

A person who is not a party to this contract has no rights to rely upon or enforce any term of this contract. This does not affect any right or remedy of a third party which exists or is available outside of the Contracts (Rights of Third Parties) Act 1999.

2.5 Assignment

You may not transfer, assign or otherwise dispose of your interest in this Agreement without our prior written consent.

2.6 Severability

If any provision in this Agreement is deemed to be illegal, unenforceable or invalid for any reason, it shall be deemed to have been struck out and the remaining provisions shall survive and continue to be binding and enforceable.

2.7 No Waiver

Any failure by us to enforce any provision of this Agreement at any time shall not be construed as a waiver of such provision and shall not affect our right to enforce such provision.

2.8 Variation

This Agreement may only be varied by express written agreement of the parties.

2.9 Jurisdiction

The construction, validity and performance of this Agreement shall be governed by the law of Ireland, and both parties submit to the exclusive jurisdiction of the Irish Courts.

2.10 Competitions

1. Promotions are open to European residents, unless specified differently under the terms of a particular competition.

2. Parental consent is required for under 16s, and excludes employees of Narosa Ltd (the Promoter) and their immediate family members, its agents or anyone professionally connected to the promotion.

2. No purchase necessary.

3. Opening and closing dates will be specified under the particular promotion. Any entries received out with these dates will not be valid.

4. Prizes will be at the discretion of Narosa Ltd, as specified in the particular promotion. All will be subject to availability, and Narosa Ltd reserve the right to change or alter promotions as required.

5. Once the prize terms are agreed with the winner, it cannot be changed by the winner. Prize must be taken within 6 months of initial notification.

6. All winners will be notified within 21 days of the closing date and will have 28 days to claim their prize, if no claim is received the promoter reserves the right to re-award the prize in accordance with the promotional rules.

7. The Prize is not transferable and no cash alternative will be offered in whole or in part.

8. The Promoter’s decisions regarding all promotional matters is final and binding and no correspondence will be entered into the selection of winners.

9. A winners list (name and county) of the major winner will be available by writing to Narosa Ltd within 3 months of the closing date. You must be very bored if you’re still reading.

10. Winners may be required to take part in reasonable publicity with no recompense.

11. No entries will be returned.

12. By participating in the promotion the entrants licence and grants the promoter an exclusive, royalty free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish and display such content for any purpose in any media, without compensation, restriction on use, attribution or liability. Participants agree not to assert any moral rights in relation to such use where the moral rights in respect of the content are theirs to assert. Participants warrant that the materials contain no copyright materials, are their original works, have not been copied, in whole or in part, from any third party and they have full authority to grant these rights. Are you really still reading this?

13. In the event of circumstances outside the reasonable control of the promoter, or otherwise where fraud, abuse, and/or an error (human or computer) affects or could affect the proper operation of this promotion or the awarding of prizes, and only where circumstances make this unavoidable, the Promoter reserves the right to cancel or amend the promotion or these terms and conditions , at any stage, but will always endeavour to minimize the effect to participants in order to avoid undue disappointment.

14. By entering a promotion, participants agree to receive marketing material from Narosa Ltd (including but not limited to monthly email newsletters), unless they expressly state otherwise.

15. The Promoter reserves the right to verify all entries including but not limited to asking for address and identity details (which they must provide within 14 days) and to refuse to award a prize or withdraw prize entitlement and/or refuse further participation in the promotion and disqualify the participant where there are reasonable grounds to believe there has been a breach of these terms and conditions or any instructions forming part of this promotions entry requirements or otherwise where a participant has gained unfair advantage in participating in the promotion or won using fraudulent means. The Promoter will be the final arbiter in any decisions and these will be binding and no correspondence will be entered into in relation this clause. Did you really read right to the end?

3 Terms for Online Shop Purchases

3.1 Agreement

This Agreement applies to your purchases of Product(s) from this Website. The parties to this Agreement are: (1) the person who makes the purchase, referred to throughout the Agreement as “you” or “your”, and (2) our company, Narosa Limited, whose registered address is Main Street, Dunfanaghy, Co. Donegal, F92 WY6E Ireland and registered number is IE499837. Narosa Limited is referred to in this Agreement as the “Company”, “we”, and “us”.

We may make changes to the terms and conditions of this Agreement, but the latest version will always appear on this page. Any changes to this Agreement will apply to all new orders placed after the change is published on the Website. You should check this Agreement before each order you place, in case it has changed since your last visit.

Separate terms and conditions apply for bookings with Narosa School of Surf, and to your use of the Website. By using the Website (even if you don’t buy any goods) you also agree to be bound by the Website Terms of Use. In the event of a conflict between this Agreement and the Website Terms of Use, this Agreement will prevail.

3.2 Definitions

In this Agreement, the following capitalised words have these specific meanings.

‘Product’ means an item available for sale on the Website.

‘Website’ means Narosa Website.

3.3 Ordering

Orders of Product(s) are subject to availability. When you place an order, we will confirm it by email, but the order will only become legally binding on us when we send you an email confirming dispatch of the Product(s). If we cannot fulfil your order for any reason, we will notify you as soon as we reasonably can.

We try to ensure that product details displayed on the Website are correct and up-to-date. However, any error or omission in any information on the Website, or in any other communication or document issued by us, may be corrected without any liability on our part. You will then be given the option of re-confirming your order at the correct price or cancelling your order. If you have already paid for the Product(s) at the erroneous price, you will receive a full refund if you decide to cancel.

Images of products on the Website are intended as a guide and the actual product may differ slightly in some respects. All weights and dimensions given are approximate.

Before clicking the ‘Place order’ button, you should check that your order summary is correct. You should print or retain your email confirmation in case you need to contact us about your order.

3.4 Payment

All Product prices shown on the Website are inclusive of any applicable Irish VAT. Where you have requested delivery of your Order to an EU country, the total cost of your Order will include Irish VAT. Please note that if you are ordering goods for delivery outside of the EU, please check what taxes or duties may apply, as you will have to pay these yourself. We are not responsible for the charges you may have to pay once the Product(s) reach the destination country.

The prices shown do not include the delivery fee, which will be added to your total order price.

Orders must be paid for immediately by credit or debit card. If we cannot accept your order for any reason, we will process a full refund within seven days.

3.5 Delivery

We will endeavour to deliver the Product(s) as soon as possible after confirmation of your order. However, we cannot accept responsibility for loss or damage caused by any delay in delivering the Product(s). We will try to keep you informed in the event of any delay.

Delivery will be to the address specified by you when ordering. If you are ordering goods for delivery outside of the EU, please check what taxes or duties may apply, as you will have to pay these yourself. We are not responsible for the charges you may have to pay once the product(s) reach the destination country.

As soon as the Product(s) are delivered to you, you become the owner of those Product(s) and the risk will passed to you. This means that you will be liable for any subsequent damage, loss or destruction to the Product(s).

We aim to despatch all other orders within 2 working days. During busy periods despatch and delivery times may be longer than usual.

Please note that we are unable to influence the delivery of any parcels once they have left our shop. Please ensure you have entered the correct delivery details prior to confirming your order. If we are unable to deliver due to wrong information being input at the order stage you will still be charged for all original and additional redelivery costs. If your order has been lost or was unable to be delivered to you please contact us after 5 days (for Irish orders) and after 2 weeks (for international orders). Please note that we will try our best to resolve this issue but we may refund your order after a second failed delivery attempt.

If we have been unable to deliver your parcel and it is returned to our shop we will contact you regarding a refund. If we do not receive instructions from you within 2 weeks we will automatically refund your order.

3.6 International Orders

International orders are either sent via An Post or a Courier service (GLS) depending on order size and weight.

Unfortunately we are unable to influence the delivery. Please try contacting your local postal agent/office; they may be able to help.

Please note that the customer is liable for all customs tax and duty payable and any related processing fees.

Orders sent via An Postl cannot be reported missing until 10 days after the expected due date.

3.7 Right to Cancel the Contract

This clause applies only to EU consumers. If you are buying Product(s) as or on behalf of a business, the rights contained in this clause do not apply to you.

In line with the Consumer Contracts Regulation, EU customers may cancel the contract at any time within 14 days from the day you receive your goods.  If your order consists of multiple goods, the 14 day period runs from when you get the last of the batch. This 14 day period is the time you have to decide whether to cancel and to actually send the goods back.

We will refund the purchase price and the delivery fee within 14 days of either receiving the goods back, or you providing evidence of having returned the goods (for example, a proof of postage receipt from the post office), whichever is the sooner. You will have to pay the cost of sending the order back to us.

You must inform us in writing (email is fine) of your decision to cancel the contract.

The Product(s) must be returned to our shop at the following address immediately, and at your own risk:

Narosa, Main Street, Dunfanaghy, Co. Donegal, F92 WY6E Ireland.

If the goods are faulty, we will pay for the cost of returning them to us.

If the Product(s) are tail pads, you may not remove them from the sealed packaging. If you do this, your will lose your right to cancel the contract.

The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop.  You must take good care of the Product(s) while they are in your possession. If you fail to do so, you may be liable to us for compensation.

3.7 Returns

We want you to be completely happy with your purchase. If, however, you would like to return an item, please do so within 14 days. To arrange a refund please download the form here, fill it out (preferrably on the computer) and enclose it with the returned goods.

Customers are responsible for all returns costs.

Items must be in original condition and returned with the Returns & Exchanges Form.

If we have been unable to deliver your parcel and it is returned to our shop we will contact you regarding a refund. If we do not receive instructions from you within 2 weeks we will automatically refund your order.

Please note, refunds can only be made to the original card used to make the order. If this is not possible, then we will raise a gift voucher for the correct value.

3.8 Lost or Damaged Goods

We must be notified in writing within 14 days of receipt of goods about all damaged goods or shortages. Any notification later than this will result in a void claim.

4 Vouchers

We offer different types of gift vouchers:

Virtual

Physical

Shopping

Online Gift Card

Narosa Gift Voucher

Surfing

Surf Credit Voucher

Narosa Surf Voucher

 

Voucher credit can not be exchanged for cash.

4.1 Online Gift Cards (virtual)

Online Gift Cards can be purchased in our online shop for any desired amount between €5-€500. It is a purely virtual product and does not include posting a physical voucher via post. After purchase the receiver gets an email (which was entered when buying the gift card) with a 16 digit voucher code. The voucher credit can be used online at checkout or in our Dunfanaghy shop in one or several purchases for our entire range excluding vouchers, lessons & events. The current balance can be checked following this link: https://narosalife.com/balance/ or alternatively you can get in touch with us and we can check it for you.

4.2 Narosa Gift Vouchers (physical)

Narosa Gift Vouchers are an A6 size double sided printed card which we will send out to the address entered during checkout process under “Shipping address”. These vouchers can also be purchased for any desired amount between €5-€500. We will fill it in with the details (“To:”, “From”, “Voucher code”, etc.) entered on the voucher purchase page before the item was placed into the basket. Narosa Gift vouchers can be used online or in our Dunfanaghy shop in one or several purchases for our entire range excluding vouchers, lessons & events. The current balance can be checked following this link: https://narosalife.com/balance/ or alternatively you can get in touch with us and we can check it for you.

4.3 Surf Credit Vouchers (virtual)

Credit vouchers for our activities can be purchased via our booking panel, following the red “BOOK NOW” button in the bottom right corner of ur website. Credit vouchers can be charged with any desired amount and are valid for 1 year from day of purchase.. A code will be sent out by email after payment. If you would like to check the balance of your credit voucher, please send us an email to info@narsalife.com or call us in the shop on +353(0)749100565. Credit Vouchers can only be used for activities booked through our booking system on the website and cannot be redeemed in the online shop.

If you have an existing booking with us and are unable to attend your activity, we can create a Credit Voucher for the amount you paid to use at another time.

4.4 Narosa Surf Vouchers (physical)

Narosa Surf Vouchers can be bought in our online shop or Dunfanaghy shop and will be sent out to the shipping address entered at checkout. The amount you pay depends on the type of lesson you are chosing: “Kids Surf Lesson”, “Adult Surf Lesson”, “Private 1:1 Lesson” or “Private Lesson 2 People”.