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Terms & Conditions

Last Updated: 15 November 2025



1. Introduction

Welcome to SurfStitch.

We provide an online marketplace containing products curated to reflect our spirit and ethics. Our aim is to facilitate a seamless, on-brand shopping experience by acting as your primary point of contact for purchases, customer queries and returns. While we provide the Website and act as your primary point of contact, the contract for the sale of each product is formed between you and the Seller offering that product. We are not the manufacturer of the products.

These Terms of Service ("Terms") govern your access, use and interaction with our Website, our marketplace services, and the purchase of products. By placing an order, creating an account or otherwise using our Website you agree to be bound by these Terms.

2. Definitions

In these Terms, "SurfStitch", "we", or "us" refers to SurfStitch Pty Limited (ABN 65 141 251 443). "Website" refers to the SurfStitch online platform accessible at surfstitch.com and all related electronic interactions we have with you. "Sellers" refers to the third-party vendors who advertise and sell products on our marketplace.

3. Use

You are granted a limited license to access and use the Website for personal, non-commercial use. You must not engage in any activity that is disruptive, interferes with its proper functioning, or attempts to circumvent our security measures. This includes the use of any automated tool to access, copy, or scrape Website content. All content on the Website, including text, graphics, logos, and images, is the property of SurfStitch or its suppliers and is protected by copyright and other intellectual property laws.

To access some features of the Website you may need to create an account. You are responsible for maintaining the confidentiality of your account details and password and for all activities that occur under your account. We are entitled to rely on any communications we receive from the email address associated with your account as being authorised by you. You must notify us immediately if you become aware of any unauthorised use of your account.

4. Placing Orders

By placing an order through our Website you are making an offer to purchase a product on these Terms. You represent that you have the legal capacity to enter into a binding contract. If you are under 18 years of age, you should seek parental or guardian consent before making a purchase.

Your order is not a binding contract until it has been accepted by us, which occurs when the Seller dispatches the product or we send a dispatch confirmation email (whichever occurs first). We reserve the right to accept or reject any order for any reason, including product availability, errors in pricing or product descriptions, or if we suspect the order is for commercial resale.

All products are intended for personal use only. They must not be purchased for commercial resale without our written consent.

We may place restrictions on the quantity of products that can be purchased in a single order or by a single person. Such restrictions will be communicated on the Website.

5. Pricing and Payment

All prices are displayed in Australian Dollars (AUD) unless otherwise expressly stated and are inclusive of Goods and Services Tax (GST) where applicable.

Prices are set by our Sellers and may be subject to change without notice. The price applicable to your order will be the price displayed at the time you complete checkout. We accept various payment methods as indicated at checkout. Payment must be received in full before an order is dispatched.

6. Promotions and Sales

All prices are displayed in Australian Dollars (AUD) unless otherwise expressly stated and are inclusive of Goods and Services Tax (GST) where applicable.

Prices are set by our Sellers and may be subject to change without notice. The price applicable to your order will be the price displayed at the time you complete checkout. We accept various payment methods as indicated at checkout. Payment must be received in full before an order is dispatched.

7. Product Information and Availability

We and our Sellers strive to ensure that all product descriptions, images, and pricing are accurate. However, we do not warrant that all information is entirely error-free, complete, or current. We rely on the information provided by Sellers. Images are for illustrative purposes only, and actual products may vary slightly.

In the event of an error, we reserve the right to correct it and, at our discretion, may revise your order, cancel it and issue a full refund, or provide other reasonable options.

All products are subject to availability, and we reserve the right to withdraw any item from sale at any time.

8. Shipping and Delivery

Products ordered from this Website are intended for shipping to addresses within Australia and New Zealand only. Products are shipped directly by the relevant Seller. Shipping is arranged subject to our Shipping Policy which is incorporated by reference into this agreement.

Some products may be excluded from free or set-price general shipping rates published on this Website due to their size, weight, or other factors. Any exceptions and additional charges will be clearly identified on the product page and at checkout.

Delivery timeframes if provided are estimates only. Delays outside our or the Seller’s reasonable control may occur and do not constitute a breach of contract.

Risk and title in the products pass to you upon delivery. If you provide an "authority to leave," you accept all risk for the products once they have been left at your specified address.

9. Order Cancellations and Modifications

Once an order has been accepted and is being processed, it cannot be modified or cancelled by you. We may allow cancellations on a discretionary basis if the Seller has not yet begun preparing the order. Please review your order carefully before completing the purchase.

We reserve the right to cancel an order at any time before delivery for reasons including, but not limited to, product unavailability or an error in price or product description, in which case we will issue a full refund.

10. Returns, Refunds, Consumer Guarantees

We want you to be completely satisfied with your purchase. We coordinate returns and refunds on behalf of Sellers subject to our Returns Policy which is incorporated by reference into this agreement.

Some products may come with a manufacturer's warranty. Any such warranty is in addition to your rights under consumer law.

Our goods and services come with guarantees that cannot be excluded under Australian and New Zealand consumer law. In Australia, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage under the Australian Consumer Law. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. In New Zealand, the Consumer Guarantees Act 1993 provides similar protections. We provide a single pathway for you to exercise these rights. If you believe a product is faulty or does not meet a consumer guarantee, please contact us via customerservice@surfstitch.com.

11. Privacy and Communications

Your privacy is important to us. Our Privacy Policy is incorporated by reference into these Terms and governs how we collect, use, and manage your personal information.

Your use of the Website or other provision of information to us implies consent to us storing and handling your information and communicating with you in accordance with our Privacy Policy. You can manage your marketing communication preferences by using the unsubscribe link in our emails.

12. Liability and Indemnity

To the extent permitted by law, our liability for any loss or damage arising from your use of the Website or the purchase of any product is limited to the price of the product in question. We are not liable for any indirect or consequential loss. You are responsible for any loss we suffer because of your fraudulent or unlawful use of the Website

13. Gift Cards or Credits Issued before May 2025

SurfStitch re-commenced trading under new management following a voluntary administration and changes of ownership, operational control and systems after May 2025. Due to this transition we are unable to access records for, verify, or honour any gift cards or store credits issued prior to May 2025. Only gift cards and credits issued by us after this date are valid for use.

14. Dispute Resolution

If you have a complaint or dispute, please contact our customer service team in the first instance at customerservice@surfstitch.com. We are committed to resolving issues quickly and fairly. Either party may take the matter to a tribunal or court at any time.

15. General

These Terms are governed by the laws of New South Wales, Australia. This choice of law does not deprive you of any mandatory protection afforded to you by the laws of your place of residence. In particular, your rights under the Australian Consumer Law or the New Zealand Consumer Guarantees Act 1993 are not affected by this clause.

If any provision of these Terms is deemed unlawful or unenforceable, that provision shall be severable and shall not affect the validity of the remaining provisions. A failure by us to enforce a provision on one occasion does not constitute a waiver of our right to enforce it on another occasion. These Terms, together with our privacy, shipping and returns policies, constitute the entire agreement between you and SurfStitch concerning your use of the Website and the purchase of products.

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