TERMS & CONDITIONS

Last updated: 11 August 2026

These Terms and Conditions ("Terms") govern access to and use of the Rusty Surfboards South Africa website, online store, custom-board services, content, tools and related services (collectively, the "Services"). The Services are operated by RS Surf (Pty) Ltd, trading as Rusty Surfboards South Africa ("Rusty Surfboards South Africa", "we", "us" or "our"), and the online store is powered by Shopify.

By accessing the Services, creating an account, submitting a custom-board form or placing an order, you agree to these Terms, together with our Privacy Policy, Shipping Policy and Returns Policy. Nothing in these Terms excludes, restricts or overrides any right or remedy that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") or other applicable South African law.

1. Business information

Trading name: Rusty Surfboards South Africa
Operator: RS Surf (Pty) Ltd
Physical address: Snell Parade, Durban, KwaZulu-Natal, 4001, South Africa
Telephone / WhatsApp: +27 74 110 9396
Website: https://rustysurfboards.co.za
Contact: Contact page

2. Eligibility and accounts

You may browse the website without creating an account. To create an account, place an order or approve a custom-board specification, you must be at least 18 years old and have legal capacity to enter into the transaction, or act with the involvement and authorisation of a parent or legal guardian.

You must provide accurate, current and complete information. You are responsible for keeping account credentials confidential and for activity conducted through your account, except to the extent that activity results from our failure to apply reasonable security measures or another cause for which we are legally responsible. Notify us promptly if you suspect unauthorised access.

3. Website use

You may use the Services only for lawful personal or business purposes consistent with these Terms. You must not:

• use the Services for unlawful, fraudulent, abusive, threatening or misleading conduct;
• infringe intellectual-property, privacy, publicity or other rights;
• upload malware, harmful code or material designed to disrupt the Services;
• attempt to gain unauthorised access to an account, system, network or restricted area;
• scrape, crawl, harvest or extract website or customer data through automated means except with our written permission or as permitted by law;
• impersonate another person or misrepresent an affiliation;
• submit another person's personal information without authority; or
• interfere with the security, integrity or operation of the Services.

We may restrict or suspend access where reasonably necessary to protect the Services, customers or third parties, investigate misuse, or enforce these Terms. We will exercise these rights in accordance with applicable law.

4. Product information and availability

We take reasonable care to describe and display products accurately. Surfboards are individually manufactured products and may include reasonable handmade or production variation. Images may not show every detail, and colours can appear differently depending on screens, browsers, lighting, foam, resin and manufacturing technique.

Product ranges, specifications, prices and availability may change. Placing an item in a cart does not reserve it. If a product is unavailable, incorrectly described or affected by an obvious pricing or inventory error, we will contact you and provide an appropriate option, which may include correcting the order, offering an alternative or refunding the affected amount as required by law.

5. Prices and payment

Unless clearly stated otherwise, prices are displayed in South African Rand (ZAR). Applicable taxes, delivery charges and other amounts will be displayed or explained before the transaction is completed where required.

Payment is processed through Shopify and approved payment providers. An order is subject to successful payment authorisation and fraud checks. You confirm that you are authorised to use the selected payment method.

International customers may be responsible for customs duties, import taxes, clearance fees and other local charges that are not included in the displayed product or shipping price unless expressly stated.

6. Orders and acceptance

After an order is submitted, Shopify may send an automated acknowledgement. An automated acknowledgement confirms receipt of the order but does not necessarily confirm final acceptance or manufacturing approval.

For custom surfboards, acceptance and production are subject to confirmation of the order, payment and final specifications. We may contact you to verify details before releasing the board into production.

We may decline or cancel an order for a lawful and reasonable reason, including product unavailability, suspected fraud, payment failure, an obvious pricing error, an unlawful request or inability to fulfil the agreed specifications. If we cancel after receiving payment, we will refund the affected amount in accordance with applicable law.

7. Custom surfboard process

Information supplied through the custom-order form may include the surfer's age, height, weight, ability, fitness, usual waves, current board, preferred model, dimensions, volume, construction, fin system and colour. Recommendations are based on the information provided and professional judgement. You are responsible for reviewing the final specifications carefully.

1. You submit the order and requested custom information.
2. Our team contacts you to review the model, dimensions, volume, construction, fin system, colour and approved options.
3. You confirm the final specification and required payment.
4. The board is released into manufacturing.

Once you approve the final specification and manufacturing has started, changes are no longer possible. If a requested change can still be accommodated before production, it may affect the price and estimated completion date.

Custom-made or clearly personalised goods are generally excluded from the ECTA cooling-off right applicable to certain online transactions. This does not remove rights relating to qualifying defects, unsafe goods or a material failure to conform to the agreed custom specifications.

8. Production estimates

Estimated custom-board manufacturing times are generally:

• Custom PU: approximately 2–3 weeks;
• Custom EPS: approximately 2–4 weeks.

These are estimates calculated in business days and exclude weekends and South African public holidays. Colour work, special materials, unusual dimensions, supplier delays and production demand can affect timing. If an unexpected material delay occurs, we will contact you using the order details provided.

No rush service or guaranteed completion date applies unless it is expressly offered and confirmed by Rusty Surfboards South Africa in writing.

9. Colour, artwork and logos

Digital colour reproduction is not exact. Screens, browsers, lighting, foam, resin and production methods can create differences between a reference and the finished board. Resin tint, airbrush and handmade colour work can also contain natural variation.

Dark colours absorb more heat and can make cosmetic variations more visible. Excessive heat can damage a surfboard and increase the risk of delamination. Epoxy and UV-brightened materials may also affect the appearance of very dark colours.

Minor or reasonable colour variation alone will not ordinarily constitute a defect or material non-conformity. This does not apply where the finished board materially differs from the written colour or specification agreed with the customer, and it does not limit statutory consumer rights.

Logo availability and positioning may depend on stock, board design and manufacturing constraints. If a requested logo is unavailable or a material change is required, we will try to contact you before production. You may submit personal artwork only if you own it or have permission to use it. We may refuse material that infringes rights, is unlawful or is inappropriate for production.

10. Fin systems and accessories

The fin system and configuration must be checked during the order and custom confirmation process. Common options may include FCS II and Futures, subject to model and production availability.

Fins, traction pads, leashes, board bags and other accessories are not included unless expressly listed in the product description or order confirmation.

11. Gift cards and promotional offers

If gift cards, discount codes or promotional offers are made available, additional terms displayed with the offer may apply. Gift cards and codes must be obtained from Rusty Surfboards South Africa or an authorised channel. We may verify ownership, payment and authenticity before accepting a gift card or code.

We may reject a code or gift card that is counterfeit, unlawfully obtained, altered, duplicated, resold contrary to its terms or connected to fraud. Nothing in this section permits us to cancel a valid consumer entitlement unlawfully.

12. Shipping, delivery and risk

Manufacturing time and courier time are separate. Shipping costs, estimated delivery periods, tracking, signature requirements, international delivery and damage procedures are explained in our Shipping Policy.

Delivery dates are estimates unless expressly agreed as guaranteed. Risk in goods remains allocated in accordance with applicable law, including relevant consumer rights concerning delivery and acceptance.

13. Returns, defective goods and warranties

Returns, change-of-mind requests, defective products and warranty assessments are governed by our Returns Policy and applicable South African law.

Surfboards can experience pressure dents, dings, breakage, fading, yellowing and other wear through normal use. Damage caused by waves, collision, impact, misuse, neglect, unauthorised repair, poor handling, improper storage, excessive heat or other external causes is not ordinarily a manufacturing defect.

Nothing in these Terms creates an “as is”, “no warranty” or “no refund” exclusion that overrides mandatory rights. Where goods fail to satisfy applicable quality standards, remedies available under the CPA may include repair, replacement or refund in qualifying circumstances.

14. Surfboard care and safety

Surfing involves inherent risks, including falls, collisions, sharp fins, board impact, changing ocean conditions, injury and drowning. Customers should surf within their ability, use appropriate safety equipment, assess conditions and seek qualified instruction where necessary.

Surfboards must be inspected and maintained. Do not use a board with exposed fibreglass, sharp damage, loose fins, structural failure or water entry until it has been properly assessed and repaired. Keep boards away from excessive heat and prolonged direct sunlight, and never leave a board inside a hot vehicle.

This safety information does not exclude liability or consumer rights that cannot lawfully be excluded.

15. Intellectual property

The Rusty name, logos, board-model names, graphics and other brand elements are trademarks or intellectual property of their respective owners and are used by Rusty Surfboards South Africa under applicable rights or authorisation.

Website text, graphics, images, videos, layouts, product information and other content are owned by or licensed to Rusty Surfboards South Africa or the relevant rights holder and are protected by intellectual-property law. You may view and use the website for lawful personal shopping and information purposes. You may not reproduce, modify, distribute, sell, commercially exploit or create derivative works from protected content without permission, except as permitted by law.

16. User content and feedback

If you voluntarily submit a review, photograph, video, testimonial, design or other content for publication, you confirm that you own it or have the necessary permissions and that it does not infringe another person's rights.

You grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce, format and display that content only for operating, promoting and improving Rusty Surfboards South Africa, subject to applicable privacy law and any specific agreement made with you. You retain ownership of your content. We will not treat a private customer-service message or confidential custom-order information as public user content merely because it was submitted through the Services.

General product suggestions and feedback may be used to improve our products and Services, but this does not transfer ownership of confidential information, commissioned artwork or intellectual property where a different written agreement applies.

17. Third-party services and links

The Services may include Shopify functionality, payment providers, courier services, social-media tools and links to third-party websites. Third parties operate under their own terms and privacy policies. We are not responsible for third-party content or services that we do not control, but this does not exclude responsibility imposed on us by law.

18. Website availability and security

We aim to keep the website accurate, secure and available but cannot guarantee uninterrupted or error-free access. Maintenance, security events, telecommunications failures and circumstances outside reasonable control may affect availability.

To the fullest extent permitted by law, website information of a general nature is provided for information and shopping purposes and is not a substitute for personalised professional advice about surfboard suitability, ocean safety or medical conditions.

19. Liability

To the fullest extent permitted by applicable law, neither party will be liable to the other for indirect or consequential loss that was not reasonably foreseeable when the transaction was concluded.

Any limitation in these Terms does not apply where liability cannot lawfully be excluded or limited, including rights and remedies under applicable consumer law, liability for gross negligence where exclusion is prohibited, fraudulent conduct, or liability arising under mandatory product-safety law.

You are responsible for loss caused by your unlawful use of the Services, infringement of third-party rights or breach of these Terms, but only to the extent recognised by applicable law.

20. Privacy

Our collection and processing of personal information are described in our Privacy Policy. By using the Services, you acknowledge that you have read that policy.

21. Complaints and dispute resolution

If you have a complaint, please contact us through our Contact page and provide your order number, contact details and a clear description of the issue. We will try to resolve the matter directly and fairly.

Nothing in these Terms prevents a consumer from approaching the National Consumer Commission, the Consumer Goods and Services Ombud where applicable, a court or another competent body in accordance with applicable law.

22. Governing law

These Terms and transactions through the Services are governed by the laws of the Republic of South Africa. South African courts have jurisdiction, subject to any right a consumer has to approach another competent tribunal, ombud, regulator or court under applicable law.

23. Changes to these Terms

We may update these Terms to reflect changes to the Services, business practices or legal requirements. Updated Terms apply from the date they are published and do not retrospectively remove accrued rights or alter a completed transaction except where permitted by law or agreed with the affected customer.

24. General provisions

If any provision is found unlawful or unenforceable, it will be limited or severed only to the extent necessary, and the remaining provisions will continue to apply. A failure to enforce a provision immediately is not a waiver. These Terms, together with the policies and order-specific terms expressly incorporated into them, form the agreement concerning use of the Services and relevant online transactions.

25. Contact us

For questions about these Terms, use our Contact page.

Rusty Surfboards South Africa
Operated by RS Surf (Pty) Ltd
Snell Parade, Durban, KwaZulu-Natal, 4001, South Africa
Telephone / WhatsApp: +27 74 110 9396
Contact page