These Terms of Service ("Terms") govern your access to and use of the Sunbreaker Surfwear website located at sunbreaker.surf (the "Site"), operated by Sunbreaker Surfwear LLC ("Sunbreaker," "we," "us," or "our"), including any purchase you make from us. By accessing the Site or placing an order, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms, please do not use the Site.
1. Eligibility
You must be at least 18 years old, or the age of legal majority in your jurisdiction, to place an order on the Site. If you are under 18, you may only use the Site with the involvement and consent of a parent or legal guardian.
2. Changes to These Terms
We may update these Terms from time to time. Changes take effect once posted on this page, and the "Last updated" date above will reflect the most recent revision. Your continued use of the Site after changes are posted constitutes your acceptance of the updated Terms.
3. Products and Product Descriptions
We attempt to describe and display our products, including colors, materials, and sizing, as accurately as possible. However, we do not warrant that product descriptions, photography, or other content on the Site are entirely accurate, complete, or error-free. Colors may appear slightly different depending on your device's display. We reserve the right, at any time, to limit quantities, discontinue a product, or correct errors, inaccuracies, or omissions.
4. Pricing and Payment
All prices are listed in USD and are subject to change without notice. Applicable taxes and shipping costs will be calculated and displayed at checkout. We accept the payment methods presented at checkout. By placing an order, you represent that you are authorized to use the selected payment method.
5. Order Acceptance and Cancellation
Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right, at our discretion, to refuse or cancel any order for reasons including, but not limited to: product or pricing errors, suspected fraud or unauthorized transactions, or unavailability of inventory. If we cancel an order after payment has been collected, we will issue a refund for the canceled portion.
6. Shipping and Delivery
Shipping and processing times are estimates only and are not guaranteed. Risk of loss and title for products purchased from us pass to you upon our delivery of the product to the shipping carrier. We are not responsible for delays caused by the carrier, customs, weather, or other events outside of our reasonable control.
7. Returns, Exchanges, and Refunds — All Sales Final
At this time, Sunbreaker Surfwear does not accept returns or exchanges, and all sales are final. We are not currently able to offer refunds, exchanges, or store credit for reasons including incorrect size, change of mind, or buyer's remorse. Please review sizing information and product details carefully before placing your order.
The only exception to this policy is if an item you receive is defective, damaged in transit, or not what you ordered. If that happens, contact us within 7 days of delivery through our contact page with your order number and photos of the item, and we will work with you in good faith to make it right. Nothing in this section limits any right you may have under applicable law that cannot be waived.
We may update this returns policy in the future; any changes will be reflected on this page.
8. Promotions and Discount Codes
Discount codes and promotions are subject to the specific terms disclosed at the time they are offered, may not be combined unless stated otherwise, may be modified or discontinued at any time, and have no cash value.
9. Intellectual Property
All content on the Site, including text, graphics, logos, images, and the Sunbreaker name and marks, is the property of Sunbreaker Surfwear LLC or our licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on the Site without our prior written consent.
10. User Conduct
When using the Site, you agree not to:
- Violate any applicable law or regulation;
- Use the Site for any fraudulent or unauthorized purpose, including placing fraudulent orders;
- Attempt to interfere with, compromise the security of, or disrupt the Site or its servers;
- Scrape, harvest, or otherwise collect information from the Site by automated means without our consent;
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
11. User-Generated Content
If you submit reviews, comments, photos, or tag us on social media, you grant Sunbreaker Surfwear LLC a non-exclusive, royalty-free, worldwide, transferable license to use, reproduce, and display that content in connection with marketing and promoting our products, across our Site and social channels. You are solely responsible for the content you submit and represent that you have the right to grant this license.
12. Third-Party Links and Services
The Site may contain links to third-party websites, platforms, or services that are not owned or controlled by us, including payment processors and social media platforms. We are not responsible for the content, accuracy, or practices of any third-party site.
13. Disclaimer of Warranties
THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS PROHIBITED BY APPLICABLE LAW.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SUNBREAKER SURFWEAR LLC AND ITS OWNERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PURCHASE OF ANY PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.
15. Indemnification
You agree to indemnify and hold harmless Sunbreaker Surfwear LLC and its owners, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your violation of these Terms or your misuse of the Site.
16. Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in California.
17. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
18. Contact Information
Questions about these Terms? Contact us through our contact page.