Terms & Conditions

Last updated: May 2025

Introduction & Acceptance

Welcome to GS Surfboards! These Terms and Conditions (“Terms”) govern your use of our website (gssurfboards.com) and the purchase of our custom surfboards and accessories. By accessing our site or placing an order with us, you agree to be bound by these Terms, as well as our other policies referenced herein (including our Privacy Policy, Returns & Refunds Policy, Shipping Policy, Payment Policy, Warranty Terms, and Consumer Rights Policy). If you do not agree with any of these Terms, please refrain from using our website or services.

We aim to keep our Terms fair and transparent. If you have any questions about them, feel free to contact us. These Terms do not override your statutory rights under Australian Consumer Law – we will always honor your consumer rights in addition to the policies outlined here.

Definitions

“GS Surfboards” (“we”, “our”, “us”) refers to GS Surfboards (the business operating this website and selling products).

“You” or “Customer” refers to any person using our website or purchasing goods from us.

“Products” refers to the surfboards (primarily custom-made) and accessories we offer for sale.

“BoardTalk” refers to our consultation service where we discuss and plan custom surfboard orders with customers.

Use of Our Website

You agree to use our website in a lawful and respectful manner. Specifically:

• Age: You must be at least 18 years old or using the site under the supervision of a parent/guardian. By placing an order, you represent that you are legally capable of forming a binding contract.

• Accuracy of Information: You agree to provide accurate, current, and complete information during any account registration or order process. This includes ensuring your email, shipping address, and payment details are correct. We are not responsible for problems (like missed delivery) caused by incorrect details you provide.

• Prohibited Conduct: You must not misuse our site. This includes not attempting to compromise the site’s security, not introducing malicious code (viruses, worms), and not engaging in any activity that disrupts the site or other users. You also agree not to use our site for any fraudulent or illegal activities.

•Personal and Non-Commercial Use: The content on our website is provided for your personal, non-commercial use in learning about or purchasing our products. You must not exploit any portion of the website for commercial gain (such as scraping content or images for use elsewhere) without our prior written consent.

Intellectual Property

All content on the GS Surfboards website, including text, graphics, logos, images, designs, product descriptions, and website layout, is the property of GS Surfboards (or our content suppliers) and is protected by copyright, trademark, and other intellectual property laws. You are authorized to view, print, and download portions of the site for the sole purpose of placing an order with us or for your own personal use. Any other use (such as copying materials for resale or republication) without our express permission is not allowed.

The “GS Surfboards” name and logo are our trademarks. No license or right is granted to use them, except with our explicit consent. Unauthorized use of our intellectual property may result in legal action.

Product Information and Pricing

We strive to ensure that product details, pricing, and images on our site are accurate and up-to-date. However, mistakes can occur.

• Product Descriptions: Our surfboards are custom-made, and any model information or specifications provided (such as dimensions or graphics shown) are as accurate as possible. There may be slight variations in the final product since each board is handcrafted to your requirements. We consider these variations part of the custom nature of the product, not defects. If you feel a delivered board significantly deviates from what was agreed, please contact us so we can address the issue.

• Pricing: All prices are listed in Australian Dollars (AUD) and include GST (Goods and Services Tax) where applicable. Prices are subject to change without notice, but any changes will not affect orders that have already been placed and confirmed. If we list a product at an incorrect price due to a typographical error or an error in pricing information, we reserve the right to cancel or refuse any orders placed at the incorrect price. If your credit card has already been charged for the purchase and we cancel the order due to a pricing error, we will issue a full refund for that item.

• Promotions and Discounts: Occasionally, we may offer special promotions or discount codes. These are subject to their own terms, such as validity periods and applicable items. Only one promotion can usually be applied per order, unless stated otherwise. Promotions can be withdrawn or changed at our discretion but will honor any valid promotion for orders placed prior to withdrawal.

Ordering Process

We sell custom surfboards, which means the ordering process may be a little different from a standard e-commerce purchase. Here’s how it generally works:

1. Initial Consultation (BoardTalk): Instead of adding a custom board directly to a cart, we encourage you to start with BoardTalk, our free consultation service. You can schedule a BoardTalk session (either in-person at our Sunshine Coast workshop or virtually via phone/video). In this session, we’ll discuss your surfing experience, goals, and board preferences. This helps us recommend the right shape and design a board tailored to you. BoardTalk is no-obligation and completely free – it’s an opportunity to ensure you get the perfect board.

2. Design and Quote: After the BoardTalk consultation, our shaper will craft a personalized design or plan for your surfboard. We often create a design outline or video for you to review (showing the proposed shape and specifications). We’ll provide you with a quote detailing the board’s price (based on size, materials, any custom artwork, etc.) including any taxes and estimated shipping if required. You can review the design and quote at your leisure.

3. Order Confirmation: If you’re happy with the design and quote, you’ll give us the green light to proceed. At this point, we will ask for confirmation of your order details and arrange payment (see Payment section below and our Payment Policy for options like credit card, Afterpay, Zip Pay, etc.). Once payment is received (or a payment plan via Afterpay/Zip is confirmed), your order is officially placed. We will send you an Order Confirmation via email summarizing the board specifications, total cost, and your details. This is the point at which a binding contract of sale is formed between you and GS Surfboards for the custom board.

4. Production: After confirmation, your custom surfboard goes into production. Because each board is individually crafted, production typically takes some time – we will give you an estimate (e.g. usually 4–6 weeks, though this can vary). Throughout the process, we may send updates or even photos of your board being shaped! Feel free to reach out for a status update at any time.

5. Delivery/Pickup: Once your board is finished and passes our quality checks, we’ll contact you to arrange delivery or pickup. For local customers, you might prefer to pick the board up at our workshop in Buderim, QLD; we’ll schedule a convenient time. Otherwise, we will ship the board to your provided address via our freight partners (see Shipping Policy for details). We take care to package boards safely for transit. If you ordered accessories (fins, leash, bag) along with the board, those will be included with the shipment or pickup.

Accessory Orders: If you are purchasing accessories or non-custom products from our website (e.g. fins, leashes, apparel), those can be added to cart and purchased through the standard online checkout process. You do not need a BoardTalk session for standard accessory orders. Simply select the item, add to cart, and follow the prompts to payment and checkout. We will process these orders within 1-3 business days of payment and ship them to you as per our Shipping Policy.

Payment

All orders must be paid in full at the time of order confirmation, unless an alternative arrangement is explicitly agreed upon. We offer multiple payment methods for your convenience – please refer to our Payment Policy for full details on accepted payment options (such as credit cards, PayPal,

Afterpay, Zip Pay, etc.).

Key points regarding payment:

• Currency: All charges are processed in Australian Dollars (AUD). If you are using an international payment method, your card issuer or bank may apply currency conversion fees – these are not under our control.

• Payment Security: We ensure that payment processing is secure. Credit card payments are handled via a PCI-DSS compliant payment gateway, and we do not store your card numbers on our system. For Afterpay and Zip Pay transactions, those providers handle your payment details securely on their end.

• Afterpay & Zip Pay: If you choose a “buy now, pay later” option like Afterpay or Zip, please note that your purchase is still considered paid in full from our perspective (the provider pays us on your behalf, and you then owe them the installment payments). Your obligation is to meet the payment schedule agreed with Afterpay/Zip. If you miss payments or have issues, that is managed between you and the provider – we have no control over their approval decisions or any late fees they may. However, if you have any issues receiving your product or any return/refund that’s approved, we will work with you and the provider to ensure the payment plan is adjusted or cancelled as needed.

• Failure to Pay: If, for some reason, a payment is reversed or fails (for example, a credit card chargeback or an Afterpay plan is cancelled improperly), we reserve the right to withhold the product or demand return of the product, and/or pursue the owed payment through lawful means. We will of course contact you first to resolve any payment issues amicably.

Shipping & Delivery

When your order is ready, we will ship it out promptly. By default, we deliver to addresses within Australia (physical street addresses are preferred for surfboard deliveries, not PO boxes, due to size). Our Shipping Policy provides full details on delivery methods, costs, timeframes, and how we handle any shipping issues.

Key shipping terms:

• Delivery Times: Any delivery times we quote (e.g. “3-7 business days for metro areas”) are estimates. We do our best to meet them, but we cannot guarantee delivery on exact dates. Once we dispatch a package, it is in the care of the courier/postal service. Delays can occur due to carrier issues, weather, or other factors beyond our control. We are not liable for deliveries that arrive later than estimated, but we will help troubleshoot any significantly delayed or lost shipments.

• Shipping Costs: You are responsible for any shipping and handling fees as outlined during checkout or in your invoice. We either charge a flat rate or calculate based on your location and the item’s size/weight – see our Shipping Policy for specifics. Occasionally, promotions may offer free shipping for certain orders (these will be clearly indicated if available).

•Risk of Loss: Title and risk in the products pass to you upon delivery. This means once the order is delivered to your address (or picked up), you assume responsibility for it. If you have given authority to leave the package unattended at your address, you accept responsibility for that package from the time the courier drops it off. If a package is lost or damaged in transit, please contact us immediately so we can assist in filing a claim or providing a remedy. (See Returns & Refunds Policy for how to handle goods damaged in transit.)

Returns & Cancellations

Because our surfboards are custom-made to your specifications, we have certain limitations on returns and order cancellations. Please review our Returns & Refunds Policy for complete information. We summarize key points here:

• Change of Mind (Custom Boards): Once production has begun on a custom surfboard, cancellations or change-of-mind returns are generally not possible. This is because the board is made specifically for you and may not be resellable to others. We encourage you to be sure about your order during the BoardTalk and design review phase. We will, of course, address any genuine issues with the product’s quality or if it doesn’t match what was agreed (see “Faulty or Not as Described” below).

• Change of Mind (Accessories): For non-custom products like accessories, we offer a return or exchange if you change your mind, provided you contact us within a certain timeframe (usually 30 days of delivery) and the item is in new, unused condition with original packaging and tags. The details and process for change-of-mind returns are outlined in the Returns & Refunds Policy (including who covers return shipping costs, etc.).

• Faulty or Not as Described: If your product arrives with a defect, or it isn’t as advertised or as we agreed (for instance, a custom board has a serious manufacturing flaw or doesn’t meet the specifications confirmed), then you are entitled to a remedy. Depending on the issue, that may be a repair, replacement, or refund as appropriate. We will work with you in accordance with Australian Consumer Law and our policies to fix the problem. You will not be out-of-pocket for any fault on our end.

• Return Process: To initiate a return or report an issue, you must contact us (via email or phone) to obtain return authorization and instructions. Do not ship items back before contacting us, as we need to confirm the return details and shipping address. When you contact us, we’ll guide you through the steps (which typically include providing proof of purchase and photos of any damage/defect).

• Order Cancellations: If you need to cancel an order, please contact us as soon as possible. For custom boards, if cancellation occurs before we have started production or purchased materials, we may be able to accommodate it (possibly with a cancellation fee to cover any work done). If production has begun, cancellation might not be feasible. For accessory orders that haven’t shipped, we can usually cancel and refund in full if you contact us promptly.

Nothing in our Returns Policy is intended to limit your rights under the law. For full details, refer to the Returns & Refunds Policy page.

Warranty

All GS Surfboards custom boards come with a warranty against manufacturing defects. We guarantee that our surfboards are made with quality materials and workmanship. Specific warranty terms (such as the warranty period and what is covered or excluded) are provided in our Warranty Terms page. In brief:

• If your surfboard has an issue due to a fault in craftsmanship or materials (and not due to misuse or normal wear-and-tear), we will repair or replace the board in accordance with the warranty.

• This warranty coverage is in addition to the automatic consumer guarantees under Australian Consumer Law; it does not limit or replace those rights. Even after our warranty period, you may still have rights if the product was not of acceptable quality, as explained in our Consumer Rights Policy.

• To make a warranty claim, you will need to provide proof of purchase and details of the issue. We may require inspection of the board. If the claim is valid, we will bear the cost of repair/replacement and reasonable shipping. If the issue is found to be caused by misuse (e.g. damage from hitting a rock, or leaving the board in a hot car causing delamination), the warranty will not apply – but we can still assist with a paid repair if possible.

Refer to Warranty Terms for complete information on the scope and limitations of our surfboard warranty and how to file a claim.

Limitation of Liability

We want you to enjoy our products safely, but it’s important to understand the extent of our liability:

• Product Use: Surfing (and using surfboards) is an inherently risky activity. You assume all risks and responsibility for any personal injury or property damage while using our products, to the extent permitted by law. Please use common sense, follow surfing safety guidelines, and use appropriate skill level equipment.

• Website & Content: Our website and its content are provided “as is” and “as available”. While we strive for accuracy, we do not guarantee that the site will be error-free or uninterrupted at all times. For example, we cannot guarantee that our site or servers are free of viruses or other harmful components (though we take precautions).

• Indirect Damages: To the fullest extent allowed by law, GS Surfboards will not be liable for any indirect, incidental, special, or consequential losses or damages arising out of or in connection with your use of our website or purchase of products. This includes, for example, loss of profit, loss of data, or damage to equipment.

• Total Liability: Our total liability for any claim arising from a purchase is limited to the amount you paid for the product in question (unless otherwise required by law). We do not exclude or limit liability for any matter that cannot be limited by law, including your rights under Australian Consumer Law. In the event a law implies conditions or warranties that cannot be excluded, those conditions or warranties are deemed included, but our liability for a breach of such condition or warranty will be limited (where legally permissible) to one or more of the following remedies: providing the goods or services again, or paying the cost of having them provided again.

Remember, Australian Consumer Law provides certain guarantees (see Consumer Rights Policy) that cannot be excluded. We do not seek to exclude those – any limitations stated here are subject to your statutory rights. Our aim is to be fair and only limit liability in scenarios where it’s reasonable and lawful to do so.

Indemnification

You agree to indemnify and hold harmless GS Surfboards, its owners, employees, and agents from any claim or demand (including reasonable legal fees) made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party. This means that if you do something that causes us harm or legal trouble (for example, you misuse the site in a way that harms others, and we get sued because of it), you agree to cover our costs/damages to the extent that you are responsible for causing them.

Third-Party Links & Services

Our website may contain links to third-party websites or use integrations (like social media feeds, maps, or payment gateways). These are provided for convenience. We do not control those third-party sites, and we are not responsible for their content or any issues arising from your use of them. If you click a link to an external site (for example, a surf blog, or an Afterpay terms page), you do so at your own risk. We recommend reading the terms and policies of any third-party sites you visit. The inclusion of any link does not imply our endorsement of the site or its content.

Changes to Terms

We may update or modify these Terms & Conditions from time to time. If changes are significant, we will provide notice (for example, by posting a notice on our homepage or emailing registered customers). However, it is your responsibility to review the Terms periodically for any updates. The date of the latest revision will be indicated at the top (“Last updated”). Your continued use of our website or services after any changes to the Terms constitutes acceptance of those changes. If you do not agree with a change, you must stop using the site. For any order that has already been placed, the Terms in effect at the time of order will apply to that purchase.

Governing Law

These Terms and any separate agreements by which we provide you services (and any disputes or claims arising from them) are governed by the laws of Queensland and the federal laws of Australia, as applicable. By using our site or buying our products, you submit to the jurisdiction of the courts of Queensland, Australia for resolving any legal matters (unless applicable law specifies otherwise). We recognize, however, your rights under ACL may allow you to pursue claims in your local jurisdiction’s small claims or tribunal if appropriate.

Contact Information

If you have any questions or concerns about these Terms & Conditions, or if you need to contact us for any reason, please reach out to: GS Surfboards Customer Support

Email: info@geraghtyshapes.com

We value our customers and will do our best to address any issues to your satisfaction. Thank you for reading our Terms & Conditions and for choosing GS Surfboards – we wish you happy surfing!