Terms and Conditions
Last updated: April 30, 2025
These Terms and Conditions (“Terms”) govern the sale of products by eFoil (“eFoil”, “we” or “us”), a business name registered by KAUZA LIMITED (Company Registration Number 555172), a company incorporated and registered in Ireland, with its registered address at 18 Mallow Street, Limerick, V94 N12Y, Ireland to you as a customer (“you” or “Buyer”) through our website. By purchasing products from our site, you agree to be bound by the following terms. Please read them carefully before placing an order. If you do not agree with any part of these Terms, you should refrain from using our website or purchasing our products. These Terms do not affect your statutory rights under Irish and EU consumer protection laws.
1. Company Information
KAUZA LIMITED is a company registered in Ireland (Company Registration Number 555172) with its registered address at 18 Mallow Street, Limerick, V94 N12Y, Ireland. Our contact details for customer service are: email surf@efoil.ie.
2. Scope of Service – Surf Equipment Sales Only
eFoil is an online retailer of surf equipment (such as surfboards, wetsuits, leashes, fins, and related accessories). We do not provide surfboard rental services or surfing lessons/instruction ourselves. Any rental arrangements or lessons that involve our equipment are facilitated by independent third parties, and eFoil is not a party to those contracts. For example, if a surf school or rental shop uses an eFoil surfboard or if we advertise a third-party surf lesson on our site, it is for convenience and information only – the actual service is provided by a separate entity. eFoil’s responsibility is limited to the sale and delivery of surf equipment. We do not supervise, control, or assume liability for any third-party activities (like your use of the equipment in a lesson or any rental business you conduct). (See Section 10 on Liability and Section 11 on Third-Party Services for more details.)
3. Ordering and Contract Formation
3.1 Product Information: We strive to display our products (including descriptions, specifications, and prices) as accurately as possible. However, minor differences in colour or design may occur due to your display settings or manufacturer updates. Such minor variations do not constitute a defect or misrepresentation. If you have any questions about a product, please contact us before ordering.
3.2 Placing an Order: To purchase a product, add it to your online shopping cart and proceed to checkout. You will be guided through the checkout process where you must provide accurate contact, shipping, and payment information. It is your responsibility to ensure that all details (e.g. delivery address, email) are correct.
3.3 Acknowledgement and Acceptance: After you place an order, we will send you an order acknowledgement email to confirm that we received your order. This email is not an acceptance of your order, but a confirmation that your order is in our system. The contract of sale between you and eFoil is formed only when we dispatch the product(s) and send you a confirmation of dispatch email. We reserve the right to refuse or cancel any order prior to dispatch for legitimate reasons (for example, if a product is out of stock, if we suspect fraud, or if there was a material error in price). If we cannot fulfil your order, we will inform you and arrange a refund for any payment received.
3.4 Age Requirement: You must be at least 18 years old (or the age of legal majority in your country of residence) to purchase products from our site. By placing an order, you affirm that you meet this age requirement. We reserve the right to ask for proof of age if necessary.
4. Pricing and Payment
4.1 Prices: All prices on our website are listed in Euro (EUR) by default (unless you select a different currency option) and are inclusive of Irish VAT/sales tax where applicable. The total price at checkout will include any applicable taxes and shipping fees. If you are ordering from outside Ireland, be aware that the final charge on your credit card or bank statement might slightly differ due to currency exchange rates or bank fees (if applicable).
4.2 Import Duties (for international orders): For customers in the EU, since we are shipping from Ireland, there are no customs duties due to the common market. If we offer shipping outside the EU, orders may be subject to import duties and taxes (e.g., for a customer in the UK or elsewhere). Such charges are not included in our prices and are the buyer’s responsibility upon delivery. Check your local customs office for potential charges before ordering.
4.3 Payment: We accept various payment methods, such as credit/debit cards (Visa, MasterCard, etc.), PayPal, and other options as indicated at checkout. Payment is typically processed at the point of checkout. By submitting an order, you authorise us (or our third-party payment processor) to charge the order total to your chosen payment method. All payments are subject to validation and authorisation by the payment provider. If the provider refuses to authorise the payment, we will not be liable for any delay or non-delivery of the order.
4.4 Secure Transactions: We use industry standard encryption (SSL) to protect your payment details during transmission. We do not store your full card information on our servers. Please review our Privacy Policy for details on how we handle payment data.
5. Shipping and Delivery
5.1 Delivery Regions: We ship surf equipment to customers across the European Union. If you require shipping outside the EU, please check our shipping policy or contact us – availability and terms may vary.
5.2 Shipping Costs: Shipping costs will be calculated and displayed at checkout based on your delivery address and the size/weight of your order. For example, smaller items may have a flat or low rate, while bulky items like surfboards may incur higher freight charges due to their size. You will have an opportunity to review these costs before finalizing your order.
5.3 Delivery Times: We aim to dispatch in-stock items within [1-3] business days after your order is confirmed. Transit time varies by destination: within Ireland typically 1-2 days after dispatch, and within the EU usually 3-7 days after dispatch. Bulky or specialty items (like surfboards) may take longer or require special courier arrangements – any such details will be communicated on the product page or via contact. Please note that delivery times are estimates and not guaranteed; delays can occur due to courier issues, customs (if applicable), or unforeseen circumstances. We will make reasonable efforts to keep you informed of any significant delays.
5.4 Title and Risk: Ownership of the products passes to you once we have received full payment. Risk in the goods (loss or damage) passes to you upon delivery to the address you provided. This means from the moment you or someone on your behalf takes possession of the package, you are responsible for its safekeeping. If a package arrives visibly damaged, please document this with the courier if possible and contact us immediately.
5.5 Failure to Deliver: If a package is returned to us because of an incorrect address provided by you, or because it was unclaimed, we will contact you to arrange re-delivery (additional shipping fees may apply). If you do not respond or refuse re-delivery, we may treat the contract as cancelled; in that case, we will refund you for the product price minus any reasonable costs incurred by us (e.g., return shipping fees).
6. Right of Withdrawal (14-Day Cooling-off Period)
6.1 Your Right to Cancel: If you are a consumer in the EU/EEA, you have a legal right to withdraw from your purchase (cancel the contract) within 14 days without giving any reason. This 14-day cooling-off period is mandated by EU consumer protection laws and is implemented in Irish law. The withdrawal period expires 14 days from the day after you receive your goods (or, if your order consisted of multiple goods delivered separately, 14 days from the day after you receive the last item). If the 14th day falls on a weekend or public holiday, the deadline is extended to the next working day.
6.2 How to Exercise the Right: To cancel a purchase within the cooling-off period, you must inform us of your decision to withdraw before the 14-day period expires. You can do this by providing a clear written statement (e.g., an email to surf@efoil.ie or a letter mailed to our address) indicating that you wish to cancel. You may use the EU model withdrawal form (found in Schedule 3 of the Consumer Rights Directive or provided on our website) but it is not mandatory – an unequivocal statement of cancellation is sufficient. Please include your order number, the items you wish to return, and your contact details in your communication. We will acknowledge your cancellation request once received.
6.3 Return of Products: If you cancel under the 14-day rule, you must send back the products to us without undue delay and in any case no later than 14 days from the day on which you communicated your cancellation to us. You will be responsible for arranging and paying for the return shipment of the goods (see Section 6.5 below for return shipping costs). We will provide you with the return address and any necessary instructions once you notify us of your intent to return. For your convenience:
● Products should be returned in appropriate packaging. Ideally, use the original packaging if still available, to protect the item during transit.
● We recommend using a trackable shipping service and obtaining proof of postage, as you are responsible for the product until we receive it back. If the item is lost or damaged on its way back to us, you may be liable, so insurance or tracking is advisable.
● You must send the goods to the address we specify (which will be our office at 18 Mallow Street, Limerick, V94 N12Y, Ireland unless directed otherwise).
6.4 Condition of Returned Items: You have a duty to handle the products carefully while they are in your possession. You may inspect and try the item as you would in a physical store to decide if you are satisfied, but you must not use it beyond what is necessary to determine its nature, characteristics, and functioning. For example, trying on a wetsuit briefly to check size is acceptable; taking it for a surf session is not. We reserve the right to deduct from your refund an amount reflecting any diminished value of the goods resulting from handling beyond what is necessary. In practical terms, this means:
● Returned items should be undamaged, clean, and (if possible) with all original tags/labels and accessories.
● Avoid scratching or dinging surfboards, creasing wetsuits, or getting any product dirty/wet if you intend to return it.
● If an item (like a surfboard) shows signs of use (wax applied, fin boxes marked from inserting fins, etc.) or wear, we may reduce the refund to account for refurbishing or diminished resale value. We will provide documentation of any such deductions. In extreme cases of significant use or damage, the right of withdrawal could be forfeited entirely (if the item is no longer in saleable condition), or the deduction could be up to the full price if the item is unsellable.
6.5 Return Shipping Costs: Unless otherwise stated, you (the customer) are responsible for the direct cost of returning the goods when you exercise the 14-day withdrawal right. We are informing you of this obligation here, as required by law, so that you are aware that return shipping will be at your expense. For smaller items, you can use postal services or couriers of your choice. For bulky items like surfboards or stand-up paddleboards, return shipping can be more complex and costly; we recommend contacting us for guidance. We can assist in arranging a courier pickup or provide an estimate of the return freight cost for large items (for example, returning a surfboard may cost in the range of €50-€100 within the EU, depending on distance). This estimate is provided to help you make an informed decision. If you do not arrange return shipping, we can organise it and deduct the cost from your refund with your agreement.
6.6 Refund Process: If you cancel the contract and return the product in accordance with the above, we will refund all payments received from you for the returned item, including the original standard delivery cost (if you paid for shipping) – note that if you chose an expedited or premium delivery option, we will only refund the cost of standard delivery as per EU law. We will process the refund without undue delay and in any event no later than 14 days from the day we receive the returned goods back, or from the day you provide evidence that you have sent the goods back (whichever is earlier). However, we reserve the right to withhold the refund until we have actually received the goods or proof of their return, as permitted by law. Once the goods are received and inspected, we will notify you of the approval of your refund and the amount (taking into account any permissible deductions for loss in value, if applicable).
Your refund will be issued to the same payment method that you used for the initial purchase, unless we have expressly agreed otherwise. For example, if you paid by credit card, the refund will be credited back to that card. You will not incur any fees from us for the processing of the refund. Please note that it may take several additional days for your bank or credit card company to post the refund to your account.
6.7 Exceptions to the Right of Withdrawal: The 14-day cancellation right does not apply to certain types of products and situations, as allowed by Article 16 of the Consumer Rights Directive and corresponding Irish regulations. We highlight the following exceptions which may be relevant to our offerings (if any):
● Custom-Made or personalised Products: If you order a product that is custom-built or specifically personalised to your requirements (for example, a surfboard shaped to your custom dimensions, or a wetsuit with custom graphics), the right of withdrawal may not apply. Such items are not pre-manufactured and are made based on your individual choice or decision; therefore, we may decline cancellation once production has begun, except in cases of defect.
● Sealed Goods (Health/Hygiene): If we supply goods that are sealed for health or hygiene reasons (for instance, certain personal care or first aid items, or perhaps swimwear in sealed packaging) and you unseal them after delivery, you lose the right to withdraw. For example, if we sold earplugs or a sealed medical kit, once opened, they are not returnable for hygiene reasons. (Note: Most surf equipment doesn’t fall in this category, but items like rash guards or swimsuits might, if sealed). Wetsuits generally are not sealed packaging, so this likely won’t apply unless explicitly stated on the product.
● Goods That Have Been Mixed or Inseparably Combined: If the nature of a product is such that once delivered, it becomes inseparably mixed with other items, it can’t be returned. This is an unlikely scenario for our products, but an example might be a type of resin or foam that, once integrated into something, cannot be extracted.
● Digital Content: We currently focus on physical products. However, if we were ever to provide digital content (e.g., an e-book on surfing or a digital gift card delivered electronically), note that digital downloads have special rules: once you download or access the digital content, you may lose the right to cancel if you had agreed to immediate download and acknowledged the loss of the withdrawal right. We will clearly inform you and obtain your consent if this situation arises (as per law).
● Services Already Performed: As we do not provide services ourselves directly (only goods), this generally won’t apply. But if a third-party lesson was booked via our site and already taken during the 14-day window, cancellation might not be possible for that completed service portion. Any such case would be governed by the third-party provider’s terms.
If you are unsure whether your purchase is eligible for cancellation, please contact us. We will inform you prior to purchase if any item is non-returnable under these exceptions (for instance, clearly marking a custom-order surfboard as “no change-of-mind returns”).
7. After-Sales: Warranty and Defective Goods
7.1 Legal Guarantee: As a consumer, you benefit from a legal guarantee under EU law that the goods are in conformity with the contract. In summary, products must be of satisfactory quality, fit for their normal purpose, and match their description. This legal guarantee lasts for 2 years from delivery in the EU. If a product you purchased from us is or becomes defective or not as described within this period, you have the right to have the issue remedied. Depending on the situation, you may be entitled to a repair or replacement of the item, or if those are impossible or disproportionate (or cannot be done within a reasonable time), you may then seek a price reduction or refund.
7.2 Notification of Defects: If you discover a fault or defect in a product, please inform us as soon as possible (a delay in reporting could potentially affect the available remedies). Contact our customer support with your order details, a description of the issue, and any relevant photos if applicable. We will guide you through the returns process for defective items. In cases of legitimate product faults, any return shipping costs will be borne by us (or we will provide a prepaid return label), as required by law.
7.3 Assessment: Upon receiving the returned product, we will inspect and test it. If it is indeed faulty or not as described, we will proceed with the appropriate remedy (repair, replacement, refund). If we find no fault (for example, if the issue was due to misuse or normal wear and tear beyond the warranty period), we will let you know and return the item to you, or otherwise resolve it as per our standard returns policy.
7.4 Manufacturer’s Warranty: Some products may come with an additional manufacturer’s warranty (for example, a surfboard might have a 1-year manufacturer warranty against certain types of breakage). If applicable, details of any manufacturer warranty will be included with the product or on its product page. Such warranties are an extra benefit and do not replace or reduce your legal rights. We will assist you in contacting the manufacturer if needed, or handle the claim on your behalf according to the manufacturer’s policy.
7.5 Exclusions: The legal guarantee and any warranties do not cover damage caused by misuse, neglect, accidents, or use in abnormal conditions. For example, damage to a surfboard from hitting rocks or improper storage (e.g. leaving it in extreme heat) would not be “defects” in manufacturing or conformity. Likewise, gradual wear and tear (fading of graphics, minor compressions on a surfboard deck from normal use) can occur with sporting equipment and are not considered defects. We encourage you to follow any care instructions provided with the product to ensure longevity.
8. Liability and Limitation
8.1 Use of Equipment and Assumption of Risk: Surfing and related water sports carry inherent risks. By purchasing our products, you acknowledge that you (or the end-user of the equipment) understand the proper use of the equipment and the associated risks. eFoil shall not be held liable for any injury, death, loss or damage arising from the use of the equipment after it has been sold and delivered, except to the extent that such injury or damage is caused by a manufacturing defect in the product or our negligence. Once you receive our product, its use is outside of our control; it is your responsibility to use it safely and to ensure that any third party to whom you provide the equipment (for example, if you lend or rent your board to someone else) is also aware of proper usage and assumes the risks. (See the “Disclaimer / Waiver of Liability” section below for more details on risk and liability related to equipment use.)
8.2 Limitation of Liability: To the fullest extent permitted by applicable law, eFoil’s total liability to you for any claim arising out of or relating to these Terms or a purchase of our products (whether in contract, tort (including negligence), or otherwise) is limited to the amount you paid for the product in question. In no event shall we be liable for any indirect, consequential, incidental, or special damages, including but not limited to loss of profit, loss of business, or any other pure economic loss arising from use of our products or website, even if we have been advised of the possibility of such damages. This limitation does not exclude or limit in any way our liability for: (a) death or personal injury caused by our negligence or the negligence of our employees or agents; (b) fraud or fraudulent misrepresentation; (c) any breach of obligations implied by applicable consumer protection laws (for example, we don’t limit liability for delivering a dangerously defective product – which is also covered by product liability laws); or (d) any matter for which it would be unlawful for us to exclude or restrict liability. In summary, we provide products for personal use and, while we stand behind their quality, we expect customers to use them responsibly. Our liability is primarily to ensure you receive products as described and that they are free from defects; beyond that, you use the equipment at your own risk.
8.3 Website Usage: We strive to keep our website available and secure, but we do not guarantee that the site will be uninterrupted or error-free. We are not liable for any temporary unavailability of the website or any technical issues you may experience. Additionally, while we take precautions against malware or harmful content, we cannot warrant that the site is free of viruses or similar damaging components. It is your responsibility to use appropriate technology (e.g. updated antivirus software) to protect your devices when using our site. We will not be liable for any loss or damage to your own computer equipment or data as a result of your use of our website, beyond what is legally required.
9. Intellectual Property
All content on our website, such as text, images, logos, graphics, and software, is owned by or licensed to eFoil and is protected by copyright, trademark, and other intellectual property laws. You may not use our intellectual property (including our brand name, logos, product images/descriptions that we created, etc.) for any commercial purpose without our express written consent. You are, however, allowed to use the website for its intended purpose – browsing, purchasing, and personal use of information. Any unauthorised extraction, reproduction or modification of content may violate our rights and we reserve the right to take appropriate action.
10. Third-Party Services and Links
As noted, eFoil might link to or reference third-party services (such as independent surf instructors, rental agencies, or partner promotions). Any such third-party services are subject to their own terms and conditions, and possibly separate fees. eFoil is not responsible for services provided by third parties. If, for example, you sign up for a surf lesson via a link on our site, the contract for that lesson is between you and the instructor or surf school, not eFoil. We do not assume any liability for disputes, injuries, or dissatisfaction arising from third-party services. That said, we welcome feedback on partner services to ensure we only associate with reputable providers.
Our site may also contain hyperlinks to external websites that are not operated by us. These links are provided for your convenience or reference only. We have no control over the content or privacy practices of those sites, and accept no responsibility for them (as stated in our Privacy Policy). Accessing any third-party websites via our links is at your own risk.
11. Events Outside Our Control (Force Majeure)
We are not liable for any failure to perform, or delay in performance of, any of our obligations (such as delivery timelines) under these Terms that is caused by events outside our reasonable control. Such events may include, but are not limited to: natural disasters, extreme weather, fire, flood, pandemic, war, acts of terrorism, governmental actions, strikes or labor disputes, disruptions in transportation or utilities, or cyber incidents. In such cases, our obligations are suspended for the duration of the event. We will do our best to inform you if a force majeure event affects our ability to fulfil your order and to mitigate the impact. If a force majeure event results in a delay of delivery beyond a reasonable period, either party may have the right to cancel the order and receive a refund for any goods not provided.
12. Governing Law and Jurisdiction All purchases and these Terms are governed by the laws of Ireland. This means that the interpretation, construction, and enforcement of these Terms will be governed by Irish law. However, if you are a consumer in another EU country, you will not be deprived of any protections given by the mandatory consumer laws of your country of residence.
In the event of a dispute, we encourage you to contact us first to seek an amicable resolution. If we cannot resolve the dispute between us, you agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the sale of products (except where applicable law in your country of residence requires that disputes be resolved in that jurisdiction, in which case that requirement will be observed). You also have the option of using the EU Online Dispute Resolution (ODR) platform (available at https://ec.europa.eu/consumers/odr) to facilitate resolution of disputes, but please note that this is an alternative method and does not prejudice your right to seek recourse in court.
13. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or competent authority, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion of a provision under this section will not affect the validity and enforceability of the rest of these Terms.
14. Entire Agreement
These Terms, along with any documents expressly referred to within (such as the Privacy Policy, Cookie Policy, and if applicable, specific promotional terms), represent the entire agreement between you and eFoil relating to the purchase of products. They supersede any prior agreements, understandings, or representations (whether oral or written) relating to the same subject matter. You acknowledge that you have not relied on any statement, promise, or representation made or given by or on behalf of eFoil which is not set out in these Terms (however, nothing in this clause will limit or exclude any liability for fraudulent misrepresentation).
15. Changes to Terms
We reserve the right to make changes to these Terms from time to time, for example to reflect changes in law, our business or processes, or in the products we offer. The latest version of the Terms will be available on our website and will indicate the date of last revision. Each order will be governed by the Terms in force at the time you placed the order. If we revise these Terms and the changes significantly affect your rights or obligations, we may notify you by email or through the website. Continued use of the website or future purchases indicates acceptance of the updated Terms.
16. Contact Information
If you have any questions or concerns about these Terms and Conditions, or about an order, you may contact us at:
● Email: surf@efoil.ie
● Mail: KAUZA LIMITED, 18 Mallow Street, Limerick, V94 N12Y, Ireland
Thank you for shopping with eFoil. We appreciate your business and hope you enjoy our surf equipment.
By placing an order with eFoil, you confirm that you have read and agree to these Terms and Conditions.