Terms & Conditions

Introduction

Welcome to Rising Sun. This site is designed to be a fun, friendly, and welcome place where Rising Sun customers may purchase high quality merchandise of exceptional value. To keep your experience a positive one, we want to avoid misunderstandings. Rising Sun (that's "us" or "we") has prepared these Terms and Conditions for anyone using Rising Sun (that's "you"). We do this to help you to understand us and how we offer this site to you. By using this site, you agree to these Terms and Conditions and agree that they may be updated by Rising Sun at any time and without notice. You are welcome to our site and we encourage you to use this site on a regular basis. You may not modify material on this site in any way.

My Account

By using this site, you agree not to misuse your account access or password. Only you may use your password and you agree to take all reasonable precautions to keep it secret. If another party wishes to use Rising Sun, they should establish their own account. Establishing an account is free, easy, and only takes a few seconds. You understand that it is in your interest to keep your account information confidential because you are responsible for any transactions initiated using your account. We will take reasonable efforts on our part to maintain the privacy and security of your information. (See our Privacy Policy.) You agree to notify Rising Sun immediately if you become aware of unauthorized use of your account. By opening and maintaining an account with us, you are telling us that the information you have provided about yourself is accurate, current and complete and that you will update your account information whenever this information changes. You agree that if your information is believed to be inaccurate by Rising Sun, we have the right to suspend or terminate your account and at our sole discretion, refuse any further use of Rising Sun. In the event that Rising Sun feels that an account has been used in a fraudulent manner, Rising Sun reserves the right to execute any and all legal remedies.

Termination Of Usage

We may terminate or suspend your access of this site, all or in part, without notice, for any conduct which, in our sole discretion, is disruptive to Rising Sun or is in violation of any law, or these Terms and Conditions.

Capacity To Contract

By using this site, you represent to Rising Sun that you are of legal age of majority in your state and, if representing an employer, that you are authorized by your employer to do so.

Legal Compliance

You agree to comply with all applicable laws, statutes, ordinances and regulations when you use Rising Sun and purchase products through the site. In our sole discretion, we may report actual or perceived violations to law enforcement or appropriate authorities

Order Acceptace

If you place an order for merchandise on Rising Sun, you agree to pay for the order by authorizing a corresponding charge to a valid credit card acceptable to us.

We reserve the right to accept or decline your order at any time and for any reason. This is true even if you have received an order confirmation from us. We are not liable in any way if a financial institution which has issued a credit card to you refuses to honor the card for any reason.

Sales And Other Taxes

We are required to collect sales tax on orders delivered to certain states. Unless you are able to provide us with a valid and correct tax exemption certificate prior to our acceptance of the order, you are responsible for sales and all other taxes associated with the order.

Product Availability

Even when information on Rising Sun indicates that a product is available, it may not be. We do not guarantee product availability under any circumstance. Without liability and without prior notice, we reserve the right to change, or discontinue any or all products or to cancel any order.

Product Service And Support

For 20 days following shipment to you of merchandise you have ordered through Rising Sun, you have an absolute guarantee of satisfaction from Rising Sun. You may return that merchandise for a full refund during that 20-day period.

Shipping And Delivery

Rising Sun will ship via FedEx to any of the 50 states comprising the United States of America, US territories and to US Military addresses (APO/FPO). We will ship orders within (3) business days after receipt of your order, subject to availability. Business days are Monday through Friday excluding federal or local holidays. In the event that an item cannot ship within the standard deliver time, it will be treated as "backordered." This means that you will be advised of the delay and will have the opportunity to cancel the order.

Rising Sun will ship most orders via FedEx. This policy is subject to change at any time and without notice. Rising Sun will determine the carrier to be used at their sole discretion.

Return Policy

Customer satisfaction is of utmost importance at Rising Sun. If you are dissatisfied with merchandise purchased through Rising Sun for any reason, you may return the item within 20 days from the date it was shipped to you. At your option, you may receive a full refund (excluding shipping cost) or a replacement item if available. The process is very simple and straightforward:

1. Request an RMA (Returned Merchandise Authorization) number from Rising Sun. (On the Rising Sun site, click on "My Account," then, after logging in, select the "Returns" option.) Items returned without a valid RMA will not be accepted as returns and will not result in a refund to you.

2. Print out the RMA form the Rising Sun site. Completely fill out the form and include the completed form with the returned merchandise.

3. Repackage the item including all original parts, packing material, instructions, etc. Within reason, this means that everything must be returned exactly as it was sent to you. Poor repackaging or the return of damaged merchandise could result in refusal of your return and loss of any refund or replacement item.

4. Ship the item (at your expense and your choice of carrier) to the address with which you were provided when you received your RMA number. Do not ship returns to Rising Sun. This could result in loss of your item and loss of your refund or replacement.

5. If you are to receive a refund, it will be issued by Rising Sun when the returned item has been received in satisfactory condition.

Limited Liability

We have worked very hard to make the information found on Rising Sun accurate and up-to-date. But, it is reasonable to point out that we cannot be expected to be perfect. You may find errors, inaccuracies or other imperfections on the site.

By using the site in any way, you agree that anyone associated in any way with Rising Sun will not be held liable for damages arising from the operation, content or use of this site. This limitation of liability is comprehensive and applies to all damages of any kind.

Rising Sun makes no warranty, express or implied, with regard to any product sold on this site. The merchandise, products and services on this site are offered and provided "as is" without warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.

If we breach these terms and conditions, or sole and exclusive maximum liability to you shall not in any event exceed the total price of the products ordered by you.

Typographical Errors

Although we make all reasonable efforts to present only accurate and reliable information on Rising Sun, it is still possible that errors may occur in pricing and/or product information. We may refuse or cancel any order for products listed with incorrect pricing or product information. This is true even if your credit card has been charged. However, if a credit card charge has been made, and we elect to refuse or cancel the order, we will issue a credit to your credit card in the amount of the charge.

Links To Other Sites

Rising Sun may contain links to other Web sites which are owned and operated by third parties not connected with Rising Sun. We do this solely as a convenience to you. Rising Sun is not responsible for any of these sites or the contents you may find there. We do not endorse or guarantee the accuracy or completeness of content found on such sites.

Copyright

The materials on the Rising Sun website are the property of and copyrighted by Rising Sun and all rights are reserved

Applicable Law

Any legal action brought against Rising Sun shall be governed by the laws of the State of New Jersey. We make no representation that Rising Sun content is appropriate for access outside the United States. If you access Rising Sun from outside the United States, you are doing so at your own initiative and are responsible for compliance with local laws and are strictly prohibited from purchasing products from this site.

Invalid Terms

If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, that provision will nevertheless be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions will not be affected.

Your Ideas And Suggestions Are Welcome

We'd really like to hear from you. Comments or suggestions about Rising Sun are welcome. You may choose to play a significant role in making Rising Sun an even better site. However, in order to allow a free exchange of ideas, Rising Sun does not solicit or want to receive confidential or proprietary information. Therefore, any correspondence received from you is not considered confidential or proprietary and becomes the property of Rising Sun without payment of compensation to you. We are free to use or not use your comments in any way we choose. By making comments to Rising Sun, you assign to us all right, title and interest in copyrights and other intellectual property rights on a worldwide basis without charge.

Contact Us

If you have any questions, comments, suggestions, or wish to contact us for any reason, you may do so at: jay@risingsunsurfshop.com.

Updates And Effective Dates

We may modify these Terms and Conditions at any time. We encourage you to review this policy frequently so that your understanding of our policy will remain current.

The Terms and Conditions posted on this site were updated on or about January 1st, 2009.