Sale Terms & Conditions
TERMS AND CONDITIONS
ESS Boardstore
1. Introduction
These Terms and Conditions ("Terms") govern your access to and use of the ESS Boardstore website ("Website") and the purchase of products from ESS Boardstore ("we", "us", "our").
By accessing our Website or purchasing products from us (online or in-store), you agree to be bound by these Terms.
If you do not agree, you must not use our Website.
2. Business Details
ESS Boardstore
ABN: 4300364656]
Address: 251 The Entrance Road Erina NSW 2260
Email: erina@essboardstore.com.au
Phone: 0243652355
We operate in New South Wales, Australia and comply with applicable Australian laws.
3. Eligibility
By using this Website, you confirm that:
- You are at least 18 years old; or
- You have the consent of a parent or guardian.
4. Products
We sell snow and summer sporting goods both:
- Online via our Website; and
- In-store at our NSW retail locations.
All products are subject to availability.
We reserve the right to:
- Limit quantities
- Discontinue products
- Change product specifications
- Correct errors in descriptions or pricing
Product images are for illustrative purposes only. Colours and details may vary slightly.
5. Pricing
- All prices are listed in Australian Dollars (AUD).
- Prices include GST unless stated otherwise.
- Shipping costs are displayed at checkout.
We reserve the right to correct pricing errors and cancel orders where pricing is incorrect.
6. Orders
An order placed through our Website is an offer to purchase.
We may accept or reject an order at our discretion, including where:
- Payment cannot be processed
- The product is unavailable
- We suspect fraudulent activity
A confirmation email does not guarantee acceptance of the order.
7. Payment Methods
We accept the following payment methods:
- Credit and debit cards
- PayPal
- Afterpay
If you choose Afterpay, your agreement is with Afterpay and their terms apply in addition to ours.
We reserve the right to refuse any transaction suspected of fraud.
8. Shipping (Australia Only)
We ship within Australia only.
We do not offer international shipping.
Delivery timeframes are estimates only and may vary due to:
- Courier delays
- Peak seasons
- Events outside our control
Risk in goods passes to you upon delivery to the nominated address.
9. Click & Collect
If Click & Collect is available:
- You will be notified when your order is ready.
- Orders must be collected within 7 days unless otherwise agreed.
- Valid photo ID may be required.
10. Returns and Refunds
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL).
You are entitled to:
- A replacement or refund for a major failure; and
- Compensation for any other reasonably foreseeable loss or damage.
We are not required to provide a refund if you:
- Change your mind
- Order the wrong size
- Decide you no longer want the item
If we accept change-of-mind returns (at our discretion):
- Items must be unused and in original packaging
- Returned within 14 days of purchase
- Accompanied by proof of purchase
- Return shipping is at the customer’s expense
Sale items may not be eligible for change-of-mind returns.
11. Warranties
Some products may include manufacturer warranties.
These warranties are in addition to your rights under Australian Consumer Law.
12. Limitation of Liability
To the maximum extent permitted by law:
- We exclude liability for indirect or consequential loss.
- Our total liability is limited to the purchase price of the product.
Nothing in these Terms excludes, restricts or modifies rights that cannot be excluded under Australian law.
13. Website Use
You agree not to:
- Use the Website for unlawful purposes
- Interfere with Website security
- Attempt unauthorised access
- Distribute malware
We may suspend or terminate access if these Terms are breached.
14. Intellectual Property
All content on this Website, including:
- Logos
- Product descriptions
- Images
- Graphics
- Branding
is the property of ESS Boardstore and may not be reproduced without written consent.
15. Privacy
We collect and handle personal information in accordance with our Privacy Policy and Australian privacy laws.
16. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.
17. Changes to These Terms
We may update these Terms at any time.
The updated version will be published on our Website and takes effect immediately upon publication.
PRIVACY POLICY
ESS Boardstore
Effective Date: 1st February 2026
1. Introduction
ESS Boardstore ("we", "us", "our") respects your privacy and is committed to protecting your personal information.
This Privacy Policy explains how we collect, use, disclose, store, and protect your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
By using our website or purchasing from us (online or in-store), you agree to this Privacy Policy.
2. What Personal Information We Collect
We may collect the following types of personal information:
- Full name
- Email address
- Phone number
- Billing and shipping address
- Payment details (processed securely via third-party providers)
- Purchase history
- IP address and device information
- Any information you provide when contacting us
We do not store full credit card details on our servers.
3. How We Collect Personal Information
We collect personal information when you:
- Make a purchase online or in-store
- Create an account
- Subscribe to marketing emails
- Contact us via email, phone or social media
- Browse our website (via cookies and analytics tools)
4. Why We Collect Your Information
We collect and use your personal information to:
- Process and fulfil orders
- Deliver products within Australia
- Provide customer support
- Process payments
- Prevent fraud
- Send order updates
- Send marketing communications (if you opt in)
- Improve our website and services
5. Payment Providers
We use third-party payment providers including:
- PayPal
- Afterpay
- Secure card payment gateways
When you select these services, your payment information is handled according to their privacy policies. We do not control their data practices.
6. Disclosure of Personal Information
We may disclose your personal information to:
- Payment processors
- Delivery and courier companies
- IT service providers
- Marketing platforms (where you have consented)
- Professional advisers (legal, accounting)
- Government authorities where required by law
We do not sell your personal information.
7. Overseas Disclosure
We operate in Australia and ship within Australia only.
However, some of our third-party service providers (such as payment processors or cloud hosting services) may store data overseas. Where this occurs, we take reasonable steps to ensure your information is handled securely.
8. Cookies and Website Analytics
Our website may use:
- Cookies
- Google Analytics or similar tools
These tools collect information such as:
- Pages visited
- Time spent on site
- Browser type
- Device information
You can disable cookies via your browser settings, but this may affect website functionality.
9. Direct Marketing
If you subscribe to our mailing list, we may send you promotional emails about:
- Sales
- New product releases
- Special offers
You can unsubscribe at any time by clicking the "unsubscribe" link in our emails.
10. Data Security
We take reasonable steps to protect your personal information from:
- Misuse
- Interference
- Loss
- Unauthorised access
- Modification or disclosure
However, no method of online transmission is completely secure.
11. Access and Correction
You have the right to:
- Request access to your personal information
- Request correction of inaccurate information
To do so, contact us using the details below.
12. Data Retention
We retain personal information only for as long as necessary to:
- Fulfil the purposes outlined in this Policy
- Comply with legal and tax obligations
- Resolve disputes
13. Complaints
If you believe we have breached the Australian Privacy Principles, you may contact us using the details below.
We will respond within a reasonable timeframe.
If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner (OAIC).
14. Contact Us
ESS Boardstore
Address: 251 The Entrance Road Erina NSW 2250
Email: erina@essboardstore.com.au
Phone: 0243652355
15. Changes to This Policy
We may update this Privacy Policy from time to time.
The latest version will always be published on our website.