Terms and Conditions
SurfShell Terms & Conditions
Welcome to SurfShell. By purchasing from our online store, you agree to the following Terms and Conditions. Please read them carefully before placing an order.
1. Terms of Sale
1.1 All prices are listed in NZD and are inclusive/exclusive of GST where applicable (as displayed at checkout).
1.2 SurfShell reserves the right to refuse, cancel, or limit any order at its sole discretion, including but not limited to suspected fraudulent activity, pricing errors, or stock availability issues.
1.3 Payment must be received in full before an order is processed and dispatched. Accepted payment methods are displayed at checkout.
1.4 By placing an order, you confirm that all details provided are accurate and complete.
2. Shipping & Delivery
2.1 We aim to dispatch orders within 2 business days, from Raglan, New Zealand. Delivery time frames are estimates only and may vary due to carrier delays, customs processing, weather events, or other factors outside our control.
2.2 SurfShell is not responsible for delays, loss, or damage caused by shipping carriers, customs authorities, or third-party logistics providers.
2.3 Customers are responsible for providing accurate and complete shipping information. We are not liable for orders delivered to incorrect or incomplete addresses supplied by the customer.
2.4 International orders may be subject to import duties, taxes, customs fees, or brokerage charges, which are the sole responsibility of the customer.
3. Unclaimed, Refused & Returned Shipments
3.1 Where a parcel is refused, unclaimed, abandoned, or not collected, or where delivery cannot be completed due to unpaid customs duties, taxes, or import charges, SurfShell accepts no liability for any resulting loss, seizure, delay, or disposal of the goods.
3.2 If a parcel is destroyed, seized, or disposed of by customs or a carrier due to unpaid import charges or failure to comply with import requirements, the order is considered fulfilled upon dispatch and no refund, replacement, or credit will be provided.
3.3 If a parcel is returned to SurfShell for any of the above reasons, the order may be treated as abandoned. Any refund or store credit is at SurfShell’s sole discretion.
3.4 Where a refund or store credit is issued, it may be reduced by all costs incurred by SurfShell, including (but not limited to): original shipping charges, return freight, customs duties, taxes, carrier fees, payment processing fees, handling, inspection, repackaging, and restocking costs.
3.5 Re-dispatch of returned parcels may be offered at SurfShell’s discretion once all additional shipping costs and applicable duties or taxes have been paid by the customer.
4. Returns & Refunds
4.1 We accept returns where contact is made within 7 days of delivery, provided items are unused, unworn, in original packaging, and in resalable condition. All returns must be approved by SurfShell prior to being sent back.
4.2 Customers are responsible for return shipping costs by tracked post, unless the item is confirmed faulty, damaged, or incorrectly supplied.
4.3 Change of Mind Returns: Where a return is requested for change of mind (including incorrect sizing or ordering error), a 20% restocking fee will apply. This fee contributes toward costs incurred by SurfShell including payment processing fees, merchant fees, acquisition costs, handling, inspection, repackaging, and restocking. The fee will be deducted from the refund.
4.4 Refunds will be processed within 5 business days of receiving and inspecting the returned item.
4.5 Sale items, gift cards, and custom or limited-run products are non-refundable unless faulty under the Consumer Guarantees Act 1993.
4.6 SurfShell reserves the right to refuse a return or reduce any refund where items are not returned in original condition or do not meet return requirements.
5. Faulty Products, Warranty & Remedies
5.1 All warranty claims are assessed by SurfShell on a case-by-case basis. SurfShell reserves the right to inspect and determine whether an issue constitutes a manufacturing fault, normal wear and tear, or misuse. Evidence (including photos or return of the product) may be required.
5.2 Manufacturing Fault (Covered):
A manufacturing fault is a defect in materials or workmanship that existed at the time of supply or arises under normal intended use. Where confirmed, remedies will be provided in accordance with the Consumer Guarantees Act 1993.
In the first instance, SurfShell may determine the most appropriate remedy, which may include repair, replacement, store credit, or refund depending on the circumstances.
5.3 Normal Wear & Tear (Not Covered):
This includes expected deterioration over time such as UV fading, saltwater exposure effects, compression of materials, cosmetic changes, or general ageing of materials.
5.4 Misuse / Improper Care / External Damage (Not Covered):
Warranty does not cover damage caused by incorrect use, accidents, negligence, exposure to harsh conditions, improper cleaning, modification, or use outside intended purpose.
5.5 Where a valid fault exists, SurfShell will provide a remedy that is fair and proportionate based on severity, product condition, and availability. Full replacement or refund will not automatically apply where a lesser remedy is reasonable.
5.6 SurfShell’s classification of an issue will be final, provided it is consistent with applicable consumer law.
6. Chargebacks & Payment Disputes
6.1 Customers are encouraged to contact SurfShell directly before initiating any chargeback or payment dispute. Most issues can be resolved quickly through our support team.
6.2 By placing an order, the customer acknowledges that SurfShell will provide proof of fulfilment in the event of a dispute, including order confirmation, shipping records, tracking data, and communication history.
6.3 Orders are considered fulfilled once dispatched and handed to the carrier, unless otherwise stated.
6.4 In the event of a chargeback, SurfShell will actively dispute invalid claims and may restrict future ordering where fraudulent or unjustified disputes occur.
7. Limitation of Liability & Product Use
7.1 Watersports and ocean-based activities involve inherent risks, including but not limited to injury, drowning, equipment failure, and environmental hazards. By purchasing and using SurfShell products, you acknowledge and accept these risks.
7.2 SurfShell products, including our bump cap shell, are designed as lightweight protective gear for minor impact protection, helping reduce the risk of knocks and superficial cuts to the head in appropriate conditions.
7.3 Our bump caps are EN812 classified and are not certified safety helmets. They are not designed or certified to provide protection against high-impact forces, and must not be relied upon as a substitute for a certified helmet or other certified protective headgear.
7.4 SurfShell cannot and does not guarantee that its products will prevent injury, harm, or damage in all circumstances. Conditions in surf and water environments are unpredictable, and outcomes may vary depending on use, environment, and external factors.
7.5 To the maximum extent permitted by law, SurfShell is not liable for any injury, loss, damage, or harm arising from the use or misuse of its products.
7.6 Customers are responsible for ensuring SurfShell products are used appropriately, safely, and in suitable conditions, and for exercising their own judgement regarding suitability for the environment and activity.
7.7 Nothing in these Terms & Conditions limits or excludes any rights under the New Zealand Consumer Guarantees Act 1993 or other applicable consumer protection laws.
8. Changes to Terms
8.1 SurfShell reserves the right to update or modify these Terms and Conditions at any time. Changes take effect immediately upon publication on our website.
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