Consumer Rights Policy

Last updated: May 2025

GS Surfboards is committed to upholding the rights of consumers as outlined in the Australian Consumer Law (ACL). This page explains, in plain language, the key consumer rights (consumer guarantees) you have when you buy products from us (or any business in Australia), and how they apply to our surfboards and accessories. We believe in being fair and transparent, and this policy is part of that commitment.

Even if we didn’t have this page, the rights discussed here automatically apply to your purchase. We’re highlighting them so you’re fully informed and confident in dealing with us.

Your Consumer Guarantees (Basic Rights)

Under the ACL, when you buy goods or services, you are automatically given certain guarantees. For goods like our surfboards and accessories, some of the key consumer guarantees include:

• Acceptable Quality: Products must be of acceptable quality – meaning they are safe, durable, free from defects, acceptable in appearance/finish, and do what they are meant to. “Durable” and “free from defects” will depend on the type of product and price. Our surfboards should not, for example, delaminate or break under normal usage conditions when new, as that would not be acceptable quality. Accessories should function as expected (a leash should not snap under moderate stress when new, for instance).

• Fit for Purpose: The products should be fit for any purpose that we advertise or that you made known to us. For example, if you tell us you need a surfboard to learn on in small waves and we recommend a particular model, that board should be suitable for that purpose. If you buy a leg rope advertised as suitable for “big wave surfing,” it should indeed be fit to handle big waves (within reason).

• Matches Description or Sample: Anything we sell should match the descriptions we give. If a surfboard is described as 6’2″ in length, it should be that length (within a normal manufacturing tolerance). If the color or design is described or shown, the actual product should not be drastically different (note: small variations in custom resin tints or art can happen, but the overall scheme should match what was agreed). For accessories, if a leash is described as green, you shouldn’t receive a pink one unless you agreed to a substitution. In cases where you’ve seen a sample or demo (e.g., a sample board in our shop), the delivered product should match the quality and features of that sample.

• Clear Title and Ownership: When you purchase a product, you have the right to take ownership of it – it should have clear title, meaning we actually have the right to sell it to you and there are no outstanding loans or security interests on the item. (All our products are owned by us outright until you buy them, so no worries there.)

• Undisturbed Possession: You have the right to possess and use the product without interference. For example, we won’t suddenly ask for the board back because of some claim; once it’s yours, it’s yours (assuming lawful payment and so on).

• No Undisclosed Securities: The product should not have any hidden securities or charges on it. (Similar to clear title, it means we haven’t, for instance, used the board as collateral for a debt and not told you.)

• Repairs and Spare Parts: Manufacturers should ensure that spare parts and repair facilities for goods are reasonably available for a reasonable time after purchase, unless you were informed otherwise. For surfboards, this usually isn’t as applicable as for, say, cars – but it means, for example, if we sold an electronic surf accessory, we should be able to provide parts or service for it for a reasonable time. For our custom boards, while they’re largely handcrafted, we ensure you can get them repaired (either through us or a repairer) if needed. We stock common components like fin boxes, leash plugs, etc., used in our builds.

Remember, these guarantees apply automatically. We don’t charge extra for them, and we can’t refuse them. Any term in a contract that tries to exclude these guarantees or say “no returns in any case” is not legally enforceable if it contradicts your rights.

Remedies if Something Goes Wrong

If a product you purchased from us fails to meet one of the consumer guarantees listed above, you are entitled to a remedy – which usually means a repair, replacement, or refund, and in some cases compensation for losses or damages. The type of remedy depends on whether the problem is considered major or minor under the law:

• Minor Problem: If the issue is minor and can be fixed, we have the option to repair or replace the item (or part of it). For example, if you find a small manufacturing flaw on a board that doesn’t affect safety or performance (say a fin box is slightly loose), we might choose to repair it for you. You cannot demand a refund for a minor problem if we can fix it in a reasonable time. Of course, “minor” is context-dependent – we will always consider your perspective too. Our aim is customer satisfaction, so even for some minor issues, we might offer a replacement if that’s easier and keeps you happy.

• Major Problem: If the issue is major, you have the right to choose the remedy – refund, replacement, or sometimes compensation. A major failure with goods is generally when:

The item has a problem that would have stopped someone from buying it had they known (e.g., the surfboard has a serious structural weakness).
The item is significantly different from the description or sample (e.g., you ordered a 7’0″ gun but got a 6’6″ fish – clearly not what was promised).
The item is substantially unfit for its normal purpose or a purpose you told us about, and it can’t be easily fixed to make it fit for purpose (e.g., a wetsuit we sold is not waterproof because of a defect, making it unfit for swimming/surfing).
The item is unsafe (e.g., an accessory has an electrical fault that could shock you, or a board has something dangerously wrong).

If a major failure occurs, you can choose to either return the product and get a refund, or keep it and be compensated for the drop in value. In practice, most people choose refund or replacement for major issues. For instance, if a new board snapped on a normal small wave (which should never happen under normal conditions), that would be a major failure – you could opt for a new replacement board or your money back. We will honor that choice.

• Repair Timeframe: If we decide to repair (for a minor issue) or you agree to a repair, it must be done in a reasonable time. If we can’t fix it timely, it becomes essentially a major problem and you can opt for a replacement or refund.

• Compensation for Damages: If a product failure causes additional loss or damage – and that loss was something that a reasonable consumer could foresee as a result of the failure – you may be entitled to compensation. For example, suppose a defect in a board caused an accident that damaged something else you own; or a faulty leash caused you to lose your surfboard and it got destroyed on rocks – you might have grounds for claiming those costs. The ACL entitles consumers to compensation for reasonably foreseeable losses from a product failure. Note that this doesn’t cover every possible outcome (it won’t cover, say, your emotional distress or the fact that you missed a surf comp because your board failed – those are usually considered “consequential losses” which have to be reasonable and direct to be claimable). But if you think you incurred a cost due to a failure, talk to us; we’ll assess fairly.

In all cases, you should approach us to request the remedy. Businesses are expected (and required) to handle remedies without making you go through unnecessary hassle. We won’t send you on a wild goose chase – just contact us and we’ll sort it out.

“No Refund” and Other Signs – Our Policy

Some retailers put up signs like “No refunds on sale items” or “Exchange or credit only, no refunds.” We want to clarify that

such signs cannot override your consumer. We do not display any signs that mislead about your rights. If something is faulty or not as described, you absolutely

can get a refund or remedy, even if it was on sale or a clearance item. The only time a “no refund” policy applies is for change-of-mind situations that are outside of any promises we made.

For example, if you simply decide you don’t like the color of a custom board after it’s been made exactly to your specs, that’s not a failure on our part – that’s change of mind, and our Returns Policy covers how we handle that (usually no return on custom boards for change of mind, as noted). But if the board has an actual issue, the law (and our policy) gives you the right to a fix.

We state clearly: We will never refuse a remedy that you are entitled to under law. We will never tell you “you have to go to the manufacturer” or “we don’t give refunds at all” for an issue that's legitimately our responsibility. (As the manufacturer of our surfboards, we are the point of contact anyway. For branded accessories, we’ll handle liaising with the manufacturer for you if needed – you won’t be left in the cold.)

Consumer Rights and Our Own Policies

You might wonder how this Consumer Rights Policy interacts with our own Returns & Refunds Policy and Warranty Terms. Think of it this way: our policies are designed to either meet or exceed what the law requires. In areas where we offer something extra (like a more generous change-of-mind period for accessories, or a defined 12-month warranty), those are additional benefits. In areas where we have limitations (like no change-of-mind returns on custom boards), those limitations never apply to faulty products, only to perfectly good products where the issue is subjective (e.g., you ordered the wrong thing or changed your mind).

If there is ever any confusion, the baseline is: Australian Consumer Law is the floor. We don’t go below that. If our policy accidentally said something not consistent with ACL, we would go by ACL. We have vetted our policies to align with ACCC guidelines to avoid that conflict.

In short: Our store policies and guarantees coexist with your ACL rights. We like to think of our relationship with customers as being built on trust – we’re surfers too, and we treat people how we’d want to be treated.

Examples for Clarity

• Example 1: You buy a surfboard and after two surf sessions, a large delamination bubble appears on the deck. This is not normal. It’s a manufacturing issue – either bad lamination or bad resin. Under ACL, that’s not acceptable quality. It’s likely a major failure (happened so quickly and affects performance). You’d be entitled to a replacement or refund. Our Warranty would also cover it anyway. We would quickly sort you out with a new board or refund, your choice.

• Example 2: You buy a leash, and in two weeks the swivel rusts and freezes. That’s a defect (unless you left it in salt water without ever rinsing – but in two weeks, unlikely). It’s a minor product, we’d likely just hand you a new one or refund, no problem. Under ACL, it failed acceptable quality and perhaps not fit for purpose since a surf leash shouldn’t rust that fast. Remedy: replace.

• Example 3: You buy a board bag on clearance (“as-is” sale) and later you notice the zip is broken. If we didn’t disclose the broken zip and you discover it, that’s a fault present at sale. Even if it was on clearance, you can return it because it was faulty (unless we clearly marked it “zip broken, discounted accordingly”). If we knew and told you, then you accepted it with that fault. If we didn’t and it was implied to be fully functional, you get a remedy.

• Example 4: 18 months after buying a custom board, it snaps in half on a head-high wave. Now, surfboards can snap if the wave is heavy or how you land, etc. Is this a fault or just unfortunate reality of surfing? It depends. If it’s a common occurrence that boards can break in powerful surf or awkward landings, it may not be a “fault” – just like car tires eventually wear out, surfboards can break under stress. But if you believe (and it can be shown) that there was a flaw (say the foam was rotten or stringer was wrong causing a weak point), that might still fall under a guarantee of acceptable quality lasting a reasonable time. There’s some grey area. We would inspect the break. If it shows clear sign of a material flaw, we’d likely take care of you even out of our stated warranty, because ACL would say a board should last more than 18 months if used normally. If it looks like an external force (e.g., a crease and snap from a huge air or something), we might consider that outside normal expected durability. We’d still likely offer you a discount on a replacement because we value customers – but that’s not an ACL remedy, that’s a goodwill gesture. ACL doesn’t cover damage you cause by misuse or overuse beyond intended limits.

These examples illustrate that we’ll always parse the situation fairly and lean towards taking care of the customer when in doubt.

How to Exercise Your Rights

If you encounter a problem with a product, the first step is to contact us. You don’t need to quote laws or know exactly what kind of failure it is; just tell us what happened, and we’ll guide the process. We’re well-versed in our obligations and will identify if it’s an ACL issue or something covered by our policies. Our team is trained not to stonewall valid complaints.

You can contact us via the same channels listed in our Returns or Warranty sections:

Email: info@geraghtyshapes.com

Please have proof of purchase (like a receipt or order number) – this helps establish you bought the item from us and when. If it was a gift, the giver can also assist with that info, or any bank statement, etc., works too. We won’t give you the run-around.

If, after contacting us, you feel we have not resolved the issue appropriately, you have the right to seek further help. You can contact your state’s consumer protection agency or the ACCC for advice. They may mediate or advise on next steps. You could also pursue a claim in a tribunal or court if it came to that (hopefully never necessary with us!).

ACCC and More Information

The Australian Competition and Consumer Commission (ACCC) is the regulator that oversees and enforces consumer law. They provide resources for consumers and businesses. If you want to learn more about your rights, the ACCC website has excellent plain-language guides. For example, the ACCC’s page on “Consumer guarantees” and “Refunds & returns” offers detailed scenarios.

We endorse that knowledge – an informed customer and an honest business are the perfect match.

Summary

In essence, our Consumer Rights Policy can be summed up in a few points:

• You have strong legal rights when buying from us. We respect and follow them.

• We won’t mislead you or ignore our responsibilities.

• If something is wrong with a product, we will fix it, replace it, or refund you according to the severity of the issue, with your reasonable preferences in mind.

• You’re entitled to quality products that do what they’re supposed to do – and we aim to deliver exactly that.

Your trust matters to us, and so does our reputation. We know that treating customers fairly isn’t just about avoiding legal trouble – it’s the right thing to do and it’s good business. Surfing is a community, and we want the GS Surfboards community to know we’ve got their back.

For any questions about your consumer rights or any policy on our site, please reach out. We’re here to help and happy to clarify.

Happy surfing, and thank you for choosing GS Surfboards!