Terms and Conditions

1. Scope and acceptance

These Terms and Conditions (the "Terms") govern your use of www.equipsurfsale.com (the "Site") and all purchases of products made through it. By using the Site or placing an order, you agree to be bound by these Terms, together with our Privacy Policy, Cookie Policy, Delivery Information and Returns & Exchanges Policy.

Please read these Terms carefully before placing an order. If you do not agree, please do not use the Site. Nothing in these Terms affects your statutory rights as a consumer.

2. Definitions

• "We", "us", "our", "equipsurfsale" means the operator of the Site identified in section 17.
• "You", "customer" means any person using the Site or buying products from it.
• "Consumer" means an individual acting for purposes outside their trade, business or profession.
• "Products" means the goods offered for sale on the Site.
• "Order" means your request to buy Products from us.
• "Contract" means the legally binding agreement between you and us for the sale of Products.

3. Eligibility and your account

You must be at least 18 years old, or have the consent of a parent or legal guardian, to place an Order. You agree to provide accurate, current and complete information when placing an Order and to keep your contact details up to date. You are responsible for any activity carried out using your details.

4. Product information

We make every effort to describe and display Products accurately, including colours, sizes and specifications. However, colours may vary slightly depending on your screen, and neoprene and natural materials such as wood veneers may show small natural variations. Measurements and weights are approximate. Size guides and fit tools on the Site are provided for guidance only and do not guarantee fit.

Surfing and other water sports carry inherent risks. Products are sports equipment and must be used responsibly, within your ability, and in conditions suitable for your level. Always follow local safety advice and lifeguard instructions.

5. Prices and promotions

All prices are shown in US dollars (USD). Prices include applicable taxes where required by law; any additional taxes, duties or customs fees for international deliveries are explained at checkout or in our Delivery Information. Delivery charges are shown separately before you confirm your Order.

We may change prices at any time, but changes will not affect Orders already confirmed. If a pricing error is obvious and unmistakable, we are not obliged to supply Products at the incorrect price; we will contact you and offer you the choice to proceed at the correct price or cancel.

Discount codes are subject to their specific conditions, cannot be exchanged for cash, are limited to one per Order unless stated otherwise and may be withdrawn at any time.

6. Placing an Order and formation of contract

1. You select Products, add them to your cart and proceed to checkout.
2. You enter your contact, delivery and payment details and review your Order.
3. By clicking "Place order" you make an offer to buy the Products.
4. We send you an email acknowledging receipt of your Order. This is not yet an acceptance.
5. The Contract is formed when we send you an email confirming that your Order has been dispatched.

We may refuse or cancel an Order, for example if a Product is out of stock, if we cannot authorise your payment, if there is a pricing error or if we suspect fraud. If we cancel after payment has been taken, we will refund you in full.

7. Payment

We accept the payment methods listed on our Payment Method page. Payment is taken when you place your Order. All card payments are processed by PCI-DSS compliant third-party payment providers; we do not store your full card details. By providing payment details you confirm that you are authorised to use the payment method.

8. Delivery

Delivery options, costs and estimated timeframes are set out on our Delivery page. Delivery times are estimates and may be affected by events outside our control. Risk in the Products passes to you when they are delivered to the address you gave us. Ownership passes to you when we receive full payment.

Please check your Order on arrival. If a Product is damaged or missing, contact us within 7 days so we can resolve the issue quickly.

9. Right of withdrawal and returns

You may return most unused Products within 30 days of delivery for a refund or exchange, as described in our Returns & Exchanges Policy. If you are a consumer in the EU or UK, you also have a statutory right to withdraw from the Contract within 14 days of receiving the goods without giving any reason. Our 30-day policy extends, and does not limit, this statutory right.

For hygiene reasons, items such as wax that has been opened or used cannot be returned unless faulty. Wetsuits must be unworn in the water, with tags attached.

10. Faulty products and warranty

All Products are covered by your statutory rights for goods that are faulty, not as described or not fit for purpose. Where a manufacturer's warranty applies (for example on wetsuits and surfboards), we will help you make a claim. Warranties do not cover normal wear and tear, damage caused by misuse, accidents, dings from impact, improper storage (for example heat or sunlight), unauthorised repairs, or use in commercial rental.

11. Limitation of liability

We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. We are not responsible for loss that was not foreseeable, for business losses, or for loss caused by events outside our reasonable control. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be limited or excluded by law.

Our total liability to you in respect of any Order shall not exceed the price you paid for that Order, except where the law does not permit such a limit.

12. Use of the Site

You may use the Site for lawful, personal and non-commercial purposes only. You must not misuse the Site by introducing viruses or other harmful material, attempting to gain unauthorised access, scraping content in bulk, or interfering with other users' enjoyment of the Site. We may suspend access to the Site at any time for maintenance or security reasons.

13. Intellectual property

All content on the Site, including text, graphics, logos, articles, page layouts and software, is owned by or licensed to us and is protected by copyright and other intellectual property laws. Product names and brand names are the property of their respective owners. You may view and print pages for personal use but may not copy, reproduce, republish or distribute content without our written permission.

14. Reviews and user content

If you send us comments, photos or other content, you confirm that it is your own, is accurate and does not infringe anyone's rights, and you grant us a non-exclusive, royalty-free licence to use it in connection with the Site and our social media. We may remove content that is unlawful, offensive or misleading.

15. Events outside our control

We are not liable for any delay or failure to perform caused by events outside our reasonable control, including extreme weather, natural disasters, epidemics, strikes, carrier delays, power or internet failures, or acts of government. We will notify you as soon as possible and take reasonable steps to minimise the effect.

16. Governing law and disputes

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-law rules. If you are a consumer residing elsewhere, you also benefit from any mandatory provisions of the law of your country of residence. We encourage you to contact us first so we can try to resolve any dispute informally. EU consumers may also use the European Commission's online dispute resolution platform.

17. Contact and company information

Equip Surf Sale, 16400 Pacific Coast Hwy, Suite 210, Huntington Beach, CA 92649, USA
Email: [email protected]
Phone: +1 (949) 555-0142

We may update these Terms from time to time. The version in force at the time of your Order applies to that Order.