
Marketplace Terms of Service
Effective date: | Last updated:
1. The Strictly Surf marketplace is a peer-to-peer platform
Strictly Surf operates the Community Marketplace as a venue where users list and purchase surf-related items directly from one another. Strictly Surf is not the seller of items listed on the Community Marketplace. The contract of sale is entered into between the buyer and the seller; Strictly Surf facilitates discovery, messaging, payment processing (via Stripe), and shipping label generation (via Shippo), but is not a party to the underlying sale.
For Brand Hub services (lessons, tours, repairs, rentals) and Official Shop merchandise, Strictly Surf or its licensed partners are the service provider or merchant of record, and different terms apply to those flows.
2. Eligibility & account responsibilities
You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) to use the Community Marketplace. You agree to provide accurate registration information, keep your credentials confidential, and notify us promptly of any unauthorized use of your account.
3. Listings, transactions, and payment authorization
By listing an item, you represent that you are the rightful owner (or authorized agent), that descriptions are accurate, and that the item does not infringe third-party rights or appear on the platform's prohibited-items list.
Buyers' payment methods are authorized at checkout but are not captured until the seller purchases a shipping label and the shipment moves into the carrier's network. If a seller fails to ship within the listed timeframe, the authorization is released and the order is cancelled.
All sales are final between the buyer and the seller. Strictly Surf may, at its discretion, intervene in disputes per the published dispute and refund policies linked from the site footer, but is not obligated to do so for routine quality, condition, or delivery complaints.
4. Peer-to-peer liability disclaimer (FR-025)
Items listed on the Community Marketplace are sold “as is” by the individual seller. Strictly Surf does not inspect listed items, does not warrant their condition, authenticity, or fitness for any purpose, and is not liable for damage that occurs during shipment, for misrepresentations made by sellers, or for any consequential loss arising out of a peer-to-peer sale. Your maximum remedy from Strictly Surf in connection with any peer-to-peer Marketplace sale is limited to the amount you paid through the platform for the transaction in question.
5. Shipping costs, international buyers & duties (FR-030a)
Shipping is paid by the buyer at checkout. Each order shows a shipping line item separate from the item price and any applicable sales tax. The shipping amount is calculated when you place the order based on the destination address and a standard surfboard parcel; we partner with USPS, UPS, and FedEx via Shippo and surface the lowest available carrier rate. If a real-time rate is temporarily unavailable, a flat fallback rate is used and disclosed on your receipt; the platform does not surcharge above the carrier rate it pays.
The Community Marketplace ships globally where the seller and the destination country permit. Buyers in countries other than the United States are the importer of record and are responsible for any import duties, value-added tax (VAT), goods and services tax (GST), or other local charges that may be assessed by the destination country. These charges are not collected at checkout and are billed to the buyer by the carrier or local customs authority upon delivery.
Sales tax on U.S. transactions is calculated by Stripe Tax on the actually-charged price (after any seller-set discount), and includes the shipping line item where the destination state taxes shipping.
6. Governing law and dispute resolution (FR-023, FR-023a)
These Terms are governed by the substantive laws of the State of New York, without regard to its conflict-of-laws rules. The brand's registered address is 575 Montauk Highway, Amagansett, NY 11930.
Binding arbitration; class-action waiver.Except for individual claims that qualify for adjudication in small-claims court, you and Strictly Surf agree that any dispute, controversy, or claim arising out of or relating to these Terms or the Community Marketplace will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, with venue in New York County, New York. Both parties waive any right to participate in a class, collective, or representative action.
Small-claims carve-out.Either party may bring an individual claim in a small-claims court of competent jurisdiction in lieu of arbitration if the claim qualifies under that court's monetary limits and procedural rules.
International consumer-protection override.If you are a consumer resident in a jurisdiction where pre-dispute arbitration of consumer claims, class-action waivers, or contractual choice of foreign law are unenforceable as a matter of mandatory local law, those provisions of this Section 6 do not apply to you to the extent prohibited. In particular, this override applies to consumers resident in the European Union, the European Economic Area, the United Kingdom, Switzerland, Canada, Australia, and New Zealand, and to any other jurisdiction whose mandatory consumer-protection laws would override this clause. In those cases, New York substantive law still applies where permitted, and the dispute may proceed in the competent courts of the buyer's jurisdiction. Affected jurisdictions currently include: AT, AU, BE, BG, CA, CH, CY, CZ, DE, DK, EE, ES, FI, FR, GB, GR, HR, HU, IE, IS, IT, LI, LT, LU, LV, MT, NL, NO, NZ, PL, PT, RO, SE, SI, SK.
7. Modifications & survival
We may update these Terms; the effective date at the top of this page reflects the current version. Provisions that by their nature should survive termination — including the liability disclaimer, indemnity, and dispute-resolution clauses — survive.
8. Contact
Strictly Surf
575 Montauk Highway, Amagansett, NY 11930
