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Seller Terms and Conditions

1.1 Definitions 

For the purposes of this Agreement: 

  • "Platform" refers to Surf Creative Solutions Ltd, also called "Surf", a digital marketplace operating in Malta that facilitates transactions between sellers and buyers. 
  • "Seller" refers to any individual or entity registering on the Platform to offer goods or services for sale. 
  • "Buyer" refers to individuals or entities purchasing goods or services from Sellers through the Platform. 
  • "Platform Fee" refers to the fee charged by the Platform for the use of its services, including but not limited to listing, transaction processing, and other administrative costs. 
  • "Account" refers to the registered profile created by a Seller or Buyer on the Platform. 
  • "Listing" refers to the description, pricing, and other details of a product or service that a Seller offers on the Platform. 
  • "Order" refers to a confirmed purchase request made by a Buyer for a product or service listed by a Seller. 
  • "Malta Laws" refers to the applicable laws and regulations governing e-commerce, consumer rights, and business operations in Malta. 

1.2 Scope 

  1. Agreement Applicability: These Terms and Conditions govern the relationship between Surf and all Sellers who register to offer goods or services on the Platform. By registering as a Seller, you agree to comply with these Terms in full.
  2. Platform Role: Surf acts solely as an intermediary, providing the technology and infrastructure necessary for Sellers to list, market, and sell their products or services to Buyers. Surf does not take ownership of goods, nor is it a party to the transactions between Sellers and Buyers.
  3. Seller Obligations: This Agreement applies to all Sellers who use the Platform. Sellers must ensure compliance with Maltese laws, including but not limited to consumer protection, data privacy, and tax regulations. 
  4. Platform Fee: Sellers acknowledge and agree that Surf charges a Platform Fee for services rendered, as detailed in this Agreement. 
  5. Modifications: Surf reserves the right to modify these Terms and Conditions at any time. Sellers will be notified of any significant changes, and continued use of the Platform constitutes acceptance of the updated terms. 

1.3 Seller Eligibility and Registration 

Eligibility Criteria: To register as a seller on Surf, you must: 

  1. Be a legally registered business or individual authorized to sell goods or services in Malta.
  2. Comply with all applicable local laws and regulations.
  3. Provide accurate and verifiable business information, including VAT registration, registered business name and address. 
  4. Sellers must complete the online registration form on the Platform. 
  5. Surf reserves the right to request any additional documentation for verification. 

Registration approval is subject to Surf's discretion and may be denied or revoked if the seller fails to meet the eligibility requirements.

Seller Account Responsibilities: 

  1. Sellers must ensure that their account information is accurate and up to date. 
  2. The account credentials must be kept confidential, and any unauthorized access must be reported immediately to Surf. 
  3. Sellers are responsible for all transactions and activities conducted through their accounts. 

1.4 Seller Obligations 

  1. Compliance with Laws: Sellers must adhere to all applicable Maltese and European Union laws, regulations, and industry standards related to the sale of goods and services, including but not limited to the Unfair Commercial Practices Directive (Directive 2005/29/EC).  
  2. Accurate Listings: Sellers are required to provide truthful, accurate, and up-to-date descriptions, prices, and availability details for all products and services listed on the Platform. Misleading or false information is strictly prohibited, in compliance with the Unfair Commercial Practices Directive (Directive 2005/29/EC), which aims to protect consumers from unfair business practices.  
  3. Order Fulfillment: Sellers must process and fulfill orders promptly. Any delays, cancellations, or issues should be immediately communicated to Surf. 
  4. Quality and Warranty: Sellers must ensure that their products or services meet the described quality and specifications. Any offered warranties or guarantees must be honored. 
  5. Platform Fee: Sellers agree to pay the applicable Platform Fee, as outlined in the fee schedule, for using Surf's marketplace services. 
  6. Prohibited Items: Sellers are prohibited from listing or selling items that are illegal, counterfeit, or restricted under Maltese law or Surf’s policies. Surf will maintain and update a detailed list of prohibited items as necessary. 
  7. Customer Service: Sellers must provide reasonable customer support, including handling inquiries, returns, and disputes in accordance with Surf’s policies. 
  8. No Direct Transactions: Sellers agree not to engage in direct transactions with Buyers. 

1.5 Platform Fees and Payment Terms 

  1. Platform Fee: Sellers agree to pay a platform fee to Surf for each transaction conducted through the Platform. The platform fee is deducted from the total selling price after a sale is completed and is structured as follows: 
    €0 - €15 → €2.99 
    €16 - €30 → €3.99 
    €31 - €50 → €4.99 
    €51 and above → €5.99 
  2. Payment Processing: All payments from Buyers are securely processed through Stripe, Surf’s designated payment gateway. Sellers must ensure they have a valid Stripe account linked to the Platform to receive payouts.
  3. Payout Schedule: Seller earnings, minus the platform fee and any applicable charges, will be disbursed every 7 days through Stripe. The funds will be transferred directly to the Seller’s registered bank account. 
  4. Taxes and Deductions: Sellers are responsible for any applicable taxes, VAT, or other deductions as required by Maltese law. Surf does not withhold taxes on behalf of Sellers. 

1.6 Order Fulfillment and Seller Responsibilities 

  1. Order Processing: Upon receiving an order, the Seller must accept the order in the Seller backend. It is mandatory to update the status of the order once it has been packed and is ready for shipment.
  2. Shipping and Delivery: Sellers must ensure that orders are shipped within the estimated timeframe specified at the time of listing. Any delays must be promptly communicated to Surf, along with the reason and an updated estimated delivery timeline. 
  3. Compliance with Shipping Standards: Sellers must use reliable shipping methods and provide valid tracking information where applicable. Failure to meet shipping commitments may result in penalties or account suspension. 
  4. Customer Communication: Sellers are responsible for responding to buyer inquiries regarding order status, shipping, and product-related concerns in a timely manner. 
  5. Order Cancellations and Returns: Sellers must comply with Surf’s policies regarding cancellations, returns, and refunds. Any unauthorized cancellations or failure to fulfill orders may result in penalties. 

1.7 Cancellations, Returns, and Refunds 

  1. Order Cancellations: Sellers may cancel orders only under exceptional circumstances, such as inventory issues or unforeseen logistical constraints. Any cancellations must be communicated to Surf immediately. 
  2. Returns Policy: Sellers must clearly indicate whether a product is returnable or non-returnable in the product description. If a product is returnable, the Seller must outline the return conditions, including the return window, acceptable reasons for returns, and any associated costs. 
  3. Refund Process: In cases where a return is accepted, the Seller must process the refund within the specified return policy timeframe. Refunds will be issued to the Buyer via the original payment method, subject to Surf’s processing and Stripe’s payment timelines. 
  4. Non-Compliance: Failure to adhere to the stated cancellation, return, or refund policies may result in penalties, suspension, or termination of the Seller’s account. 

1.8 Prohibited Products and Seller Restrictions 

  1. Restricted and Prohibited Items: Sellers are strictly prohibited from listing or selling: Illegal, counterfeit, or stolen goods. 
  2. Products that violate Maltese and EU laws. 
  3. Hazardous materials, weapons, or drugs. 
  4. Items that infringe on intellectual property rights. 
  5. Compliance with Regulations: Sellers must ensure all listed products comply with Maltese and EU consumer protection and safety regulations. 
  6. Listing Reviews: Surf reserves the right to remove or suspend any product listing that violates these terms without prior notice. 

1.9 Intellectual Property and Content Usage 

  1. Use of Brand Assets: Sellers must not use Surf’s name, logo, or branding materials without prior written consent. 
  2. Product Listings: Sellers grant Surf a non-exclusive, royalty-free license to use product images, descriptions, and other content for marketing and promotional purposes. 
  3. Intellectual Property Compliance: Sellers must ensure that all product listings, images, and descriptions do not infringe on third-party intellectual property rights. Any violation may lead to immediate suspension or termination of the seller’s account. 

1.10 Seller Account and Compliance 

  1. Account Registration: Sellers must provide accurate and complete information during registration, including business details, and tax identification. 
  2. Account Security: Sellers are responsible for maintaining the confidentiality of their login credentials. Any unauthorized access must be reported to Surf immediately. 
  3. Compliance with Platform Policies: Sellers must adhere to all Surf policies, including but not limited to: Product Listing Guidelines, Pricing and Fee Structures and Customer Service Standards 
  4. Audits and Investigations: Surf reserves the right to audit seller accounts and activities to ensure compliance with these Terms. Non-compliance may result in warnings, penalties, or account suspension. 

1.11 Termination and Suspension 

  1. Termination by Seller: Sellers may close their account by providing 15 days' notice to Surf, provided there are no pending orders or disputes. 
  2. Termination by Surf: Surf reserves the right to suspend or terminate a seller’s account in cases of: Violation of platform policies , Fraudulent or illegal activities and Repeated poor customer service or fulfillment failures 
  3. Effect of Termination: Upon termination, any outstanding platform fees must be settled, and the seller will no longer have access to the platform backend. 

1.12 Modifications to Terms and Platform Policies 

  1. Policy Updates: Surf reserves the right to modify, update, or amend these terms and conditions at any time. 
  2. Notification: Sellers will be notified of any significant changes via email and/or through the Seller Dashboard. Continued use of the Platform after modifications constitutes acceptance of the revised terms. 
  3. Seller Acknowledgment: It is the Seller’s responsibility to review the terms periodically to stay informed about any updates. 

1.13 Children’s Policy and Surf’s Role in Transactions 

Children’s Policy 

  1. Surf’s platform is intended for use by individuals who are 18 years or older. 
  2. Products intended for children may be listed, but purchases must be made by an adult. 
  3. If a user is under 18, they may only use Surf’s services under the supervision and involvement of a parent or legal guardian. 

Surf’s Role in Transactions 

  1. Surf functions as an e-commerce marketplace that facilitates transactions between buyers and sellers. 
  2. Surf is not a party to the sales contract between the Seller and the Buyer. 
  3. Sellers are solely responsible for fulfilling orders, ensuring product quality, and handling any disputes related to their sales. 
  4. Surf does not assume liability for any issues arising from the sale, fulfillment, or delivery of products. 

By registering as a seller on the Platform, you confirm that you have read, understood, and agree to abide by these Terms and Conditions.

Version: 1.1
Effective Date: 31/03/2025