Terms of service
Last Updated: September 29, 2025
OVERVIEW
Welcome to Kailua Hi Surf Tees! The terms “we”, “us” and “our” refer to Kailua Hi Surf Tees (the “Company”). We operate this online store and website, including all related information, content, features, tools, products and services, to provide you with a curated shopping experience (collectively, the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (the “Terms”), together with any policies referenced here (including our Privacy Policy and Refund/Returns Policy), describe your rights and responsibilities when you use the Services.
By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use or access the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence (18 in Hawaiʻi) and you consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services (including browsing or purchasing), you may be asked to provide information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide is true, current, and complete and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We make every effort to describe and display our products accurately. However, colors and appearance can vary based on your device and settings. Many items are made-to-order; minor variations can occur between items or production runs.
We do not warrant that the appearance or quality of any products or services will meet your expectations or match images rendered in our store.
All product descriptions are subject to change at any time without notice, at our sole discretion. We may discontinue any product at any time and may limit quantities to any person, household, geographic region, or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you make an offer to purchase. We may accept or decline any order at our discretion. Your order is accepted only when we send a confirmation that we have accepted it and processed your payment. Please review your order carefully; we may be unable to accommodate cancellation requests after acceptance.
If we decline, modify, or cancel an order, we will attempt to notify you via the email, billing address, and/or phone number provided at checkout.
Your purchases are subject to our Refund/Returns Policy. If a return causes your original order to fall below a promotional threshold (e.g., free shipping or multi-item discount), adjustments may be made to your refund in accordance with that policy.
You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
We reserve the right to refuse any order you place with us, including orders that appear to be placed by dealers, resellers, or distributors.
SECTION 4 – PRICES, PROMOTIONS & BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will appear in your order confirmation email. Unless expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices in our online store may differ from prices offered elsewhere. We may run promotions governed by separate terms; if those conflict with these Terms, the promotion terms control for that promotion.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases and to promptly update such information (including email address and payment method details) so we can complete transactions and contact you as needed.
You represent and warrant that (i) your payment information is true, correct, and complete; (ii) you are duly authorized to use the payment method; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay all charges at the posted prices, including shipping, handling, and applicable taxes.
SECTION 5 – SHIPPING, DELIVERY & RISK OF LOSS
All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, force majeure, or events outside our control. Title and risk of loss pass to you when we tender the products to the carrier.
International orders: you are the importer of record and are responsible for compliance with local laws, as well as any duties, taxes, and fees.
SECTION 6 – INTELLECTUAL PROPERTY
The Services—including trademarks, brands, text, graphics, images, product designs, reviews, audio, video, and the design/selection/arrangement thereof—are owned by us, our affiliates, or our licensors and are protected by U.S. and foreign IP laws.
These Terms permit you to use the Services for your personal, non‑commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly provided, nothing grants you a license under any patent, trademark, copyright, or other IP of Kailua Hi Surf Tees, Shopify, or any third party.
Our names, logos, product and service names, designs, and slogans are trademarks of Kailua Hi Surf Tees or its affiliates/licensors. You must not use such marks without prior written permission. Shopify’s names and marks are trademarks of Shopify. Other names and marks are the property of their respective owners.
Copyright complaints (DMCA): If you believe content on the Services infringes your copyright, please email legal@kailuahisurftees.com with: (1) your contact info; (2) identification of the work allegedly infringed; (3) the URL/location of the material; (4) a statement of good‑faith belief; (5) a statement made under penalty of perjury that the information is accurate and you are the owner or authorized to act; and (6) your physical or electronic signature.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third‑party tools that we neither monitor nor control. You acknowledge that such tools are provided “as is” and “as available,” without warranties or endorsements, and we are not liable for your use of them. Any use is at your own risk and subject to the third party’s terms. Future features released through the Services will also be subject to these Terms.
SECTION 8 – THIRD‑PARTY LINKS
The Services may contain materials or links to third‑party websites or functionality. We are not responsible for examining or evaluating the content or accuracy of third‑party materials or sites you access at your own risk. We are not liable for any harm or damages related to your access to or use of third‑party sites, products, or services. Review third‑party policies before engaging in any transaction. Direct complaints and questions about third‑party products to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Kailua Hi Surf Tees is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Kailua Hi Surf Tees. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Kailua Hi Surf Tees, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Kailua Hi Surf Tees.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed on Shopify’s website. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside. Review our Privacy Policy for details on how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK & USER CONTENT
If you submit ideas, suggestions, reviews, photos, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty‑free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial uses (e.g., to operate, evaluate, improve, and promote the Services and our products). You represent and warrant that you own or have rights to the Feedback; have disclosed any compensation or incentives; and that your Feedback complies with these Terms and applicable law.
We may, but have no obligation to, monitor, edit, or remove Feedback in our sole discretion. You agree not to submit Feedback that violates third‑party rights (e.g., copyright, trademark, privacy, publicity), is unlawful, abusive, or obscene, or contains malware. You may not use a false email address or impersonate any person or entity.
SECTION 12 – ERRORS, INACCURACIES & OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not, directly or indirectly: (a) use the Services for any unlawful or malicious purpose; (b) violate any applicable laws or regulations; (c) infringe or violate our intellectual property rights or those of others; (d) harass, abuse, defame, slander, intimidate, or otherwise harm any person; (e) transmit false or misleading information; (f) submit material that violates these Terms; (g) send any unsolicited or unauthorized advertising or promotional material (spam); (h) impersonate any person or entity; (i) engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services; (j) upload or transmit malware or malicious code; (k) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (l) collect or track personal information of others without consent; (m) scrape, spider, or crawl the Services; (n) reverse‑engineer, decompile, or attempt to gain unauthorized access to the Services; or (o) interfere with or circumvent security features of the Services or the Internet.
We may suspend, disable, or terminate access at any time, without notice, for violations of these Terms.
SECTION 14 – TERMINATION
We may terminate these Terms or your access to the Services (or any part of them) at any time, in our sole discretion, without notice. You remain liable for amounts due up to and including the date of termination. Provisions that by their nature should survive termination will remain in effect, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver/Entire Agreement, Assignment, Governing Law, and Privacy Policy.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance is at your own risk.
EXCEPT AS EXPRESSLY STATED BY KAILUA HI SURF TEES IN A WRITTEN WARRANTY THAT ACCOMPANIES A PRODUCT, THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON‑INFRINGEMENT. We do not guarantee that the Services will be uninterrupted, timely, secure, or error‑free. Some jurisdictions do not allow limitations on implied warranties, so the above may not apply to you to the extent prohibited by law.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL KAILUA HI SURF TEES, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS—OR SHOPIFY AND ITS AFFILIATES—BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our total liability for any claim arising out of or related to the Services or products will not exceed the amount you paid to us for the product(s) giving rise to the claim during the twelve (12) months preceding the event. Some jurisdictions do not allow certain limitations; these limitations apply to the fullest extent permitted by law and do not limit liability for gross negligence, willful misconduct, or injuries where such limitation is prohibited.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Kailua Hi Surf Tees, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, and expenses (including reasonable attorneys’ fees) arising out of or related to: (1) your breach of these Terms or incorporated policies; (2) your violation of law or third‑party rights; or (3) your access to or use of the Services. We may control the defense and settlement of any claim at your expense; we will not settle any claim requiring non‑monetary obligations from you without your consent (not unreasonably withheld). You agree to cooperate with our defense.
SECTION 18 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted, and the unenforceable portion will be deemed severed, without affecting the validity and enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision does not constitute a waiver of that right or provision. These Terms, together with policies posted on the Services, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous agreements and communications. Any ambiguities in these Terms will not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign these Terms or any rights or obligations hereunder without our prior written consent, and any attempted assignment is void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice.
SECTION 21 – GOVERNING LAW; VENUE
These Terms and any disputes or claims related to the Services will be governed by and construed in accordance with the laws of the State of Hawaiʻi, without regard to its conflict‑of‑laws rules. You and Kailua Hi Surf Tees consent to the exclusive jurisdiction and venue of the state and federal courts located in Honolulu, Hawaiʻi for all disputes that are not subject to arbitration or small‑claims proceedings.
SECTION 22 – CHANGES TO TERMS
You can review the most current version of these Terms at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to the Services. We will provide notice of material changes as required by law, and such changes are effective on the date specified in the notice. Your continued use of the Services constitutes acceptance of the updated Terms.
SECTION 23 – CONTACT INFORMATION
Questions about these Terms may be sent to legal@kailuahisurftees.com.
Kailua Hi Surf Tees
Customer email: hello@kailuahisurftees.com
SECTION 24 – SMS/MMS MARKETING TERMS (IF APPLICABLE)
By opting into text marketing, you agree to receive recurring automated promotional and personalized marketing texts (e.g., cart reminders) from Kailua Hi Surf Tees at the mobile number used to opt in. Consent is not a condition of purchase. Message frequency varies. Reply STOP to cancel and HELP for help. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy for more information.
SECTION 25 – PRE‑ORDER / MADE‑TO‑ORDER
Some items are produced on demand. Estimated ship dates are provided for convenience and are not guaranteed. Charges are captured at checkout. You may request to cancel a pre‑order before production begins by contacting orders@kailuahisurftees.com; once production starts, our standard Refund/Returns Policy applies.
SECTION 26 – GIFT CARDS
Gift cards are non‑refundable and not reloadable; lost or stolen cards will not be replaced except as required by law. Gift cards do not expire where prohibited by law (including Hawaiʻi). Use of a gift card constitutes acceptance of these Terms.