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Seller Terms and Conditions

1. Introduction

These Seller Terms and Conditions (“Agreement”) govern the relationship between Surf Creative Solutions Ltd. (“Surf”, “we”, “us”, or “our”) and all registered sellers (“Seller”, “you”, or “your”) who use Surf’s e-commerce marketplace and associated services to list, promote, and sell products to buyers (“Buyers”).

Surf Creative Solutions Ltd. is registered and operates in Malta with its principal office at:
Office 204, Level 2B, Centris Business Gateway II, Triq is-Salib tal-Imrieħel, Zone 3, Central Business District, Birkirkara, CBD 3020, Malta.

By registering as a Seller, you agree to be bound by this Agreement, along with all Surf policies, including the Privacy Policy, Listing Guidelines, and Seller Code of Conduct.

1.1 Definitions

For the purposes of this Agreement:
“Platform” refers to Surf Creative Solutions Ltd., a digital marketplace that facilitates commercial transactions between Sellers and Buyers in Malta.
“Seller” refers to any individual, business, or entity that lists, markets, and sells goods through Surf’s platform or integrated systems.
“Buyer” refers to any individual or business purchasing goods or services via Surf’s marketplace.
“Commission” refers to the percentage-based fee deducted by Surf from each completed sale.
“Transaction Fee” refers to the processing charge applied to each payment to cover administrative and gateway costs.
“Listing” means any product or service uploaded and made available for sale on Surf.
“Order” means a confirmed purchase made by a Buyer through the Surf Platform.
“Account” refers to the Seller’s registered profile, accessible through Surf’s Seller Portal or approved integrations.
“Applicable Law” means all Maltese and EU laws governing trade, e-commerce, data protection, and consumer rights.

1.2 Scope of Agreement

These Terms govern all Seller activities on Surf’s marketplace, including product listings, transactions, and communications with Buyers.
Surf provides the digital infrastructure enabling Sellers to transact; it is not a contracting party to any sale between Buyer and Seller.
This Agreement applies to all Surf sales channels including the Seller Portal, Surf Marketplace, and authorized API integrations.
Sellers are independent merchants; Surf operates as an intermediary providing technology, marketing exposure, and logistics facilitation.

1.3 Seller Eligibility and Onboarding

To qualify as a Seller on Surf, you must:
Be a registered business or authorized individual permitted to sell goods in Malta or the EU.
Hold a valid VAT number (where applicable).
Provide verifiable business details, including legal name, address, and bank or PayPal account information.
Comply with Maltese and EU laws governing commercial trade, taxation, and consumer rights.
Surf reserves the right to verify the authenticity of Seller-provided information and may suspend or terminate accounts that fail verification or breach compliance requirements.

1.4 Seller Obligations

Sellers agree to comply with all applicable Maltese and EU laws, including the Consumer Affairs Act (Cap. 378) and EU Consumer Rights Directive (2011/83/EU).
Maintain accurate product listings including price, description, images, and stock availability.
Fulfil orders promptly within agreed delivery timeframes.
Ensure product quality and honour warranties or guarantees as advertised.
Provide responsive and professional customer service, including handling buyer queries, returns, and complaints.
Not engage in direct transactions with Buyers outside the Surf Platform.
Avoid listing prohibited or restricted items such as counterfeit goods, hazardous materials, or items breaching intellectual property laws.

1.5 Commission, Transaction Fees, and Payments

Surf operates on a commission and transaction fee model, replacing all previous platform fee structures. The applicable rates are determined by the Seller’s subscription plan.

A detailed and up-to-date breakdown of Surf’s seller pricing can be found at:
https://sell.surf.mt/pricing

Payment Processing: All transactions are securely processed through PayPal, Surf’s designated payment processor. Sellers must link a valid PayPal business account to receive payouts.
Payout Schedule: Seller payouts are made every 7–15 business days following successful delivery confirmation.
Deductions: Surf automatically deducts applicable commissions, transaction fees, and refund-related adjustments prior to disbursement.
Taxes: Sellers are responsible for reporting and remitting all applicable VAT and taxes under Maltese law. Surf does not withhold taxes on behalf of Sellers.

1.6 Order Fulfilment and Delivery Standards

Sellers are responsible for accepting and dispatching orders within the timeframe displayed on their listings.
They must use reliable delivery methods and provide valid tracking information.
Any delays or fulfilment issues must be immediately reported to Surf.
Failure to comply with Surf’s fulfilment requirements may result in penalties, listing removal, or account suspension.

1.7 Returns, Cancellations, and Refunds

Sellers must comply with Surf’s Return and Refund Policy.
Buyers may return items that are defective, damaged, or not as described.
Refunds must be processed within 7 working days of receiving the returned item.
Sellers must clearly indicate whether an item is non-returnable, such as perishables, hygiene products, or custom-made goods.
Surf may deduct refund or return costs from future payouts if the issue is determined to be seller-related.

1.8 Prohibited and Restricted Products

Sellers may not list or sell illegal, counterfeit, or stolen goods.
Hazardous or controlled substances, weapons, and items violating intellectual property rights are strictly prohibited.
Surf reserves the right to remove prohibited listings, suspend non-compliant accounts, or take further action where necessary.

1.9 Intellectual Property Rights

Sellers retain ownership of their product content but grant Surf a non-exclusive, royalty-free license to display, market, and promote their listings.
Sellers must ensure that all content (text, images, and product data) is original or properly licensed.
Unauthorized use of Surf’s trademarks, logos, or branding is prohibited.

1.10 Compliance, Audits, and Conduct

Surf may periodically review Seller accounts for compliance with platform policies.
Sellers must cooperate with any audit and provide supporting documentation such as invoices or certificates of authenticity.
Non-compliance may result in warnings, penalties, listing removals, or permanent suspension.

1.11 Termination and Account Closure

By Seller: Sellers may terminate their account by providing 15 days’ written notice to Surf, provided no pending orders or disputes remain.
By Surf: Surf may suspend or terminate a Seller’s account immediately in cases of policy violations, fraud, or repeated customer complaints.
Post-Termination: Any outstanding commissions, fees, or deductions must be settled before final account closure.

1.12 Amendments to Terms

Surf reserves the right to modify, update, or amend these Terms at any time.
Sellers will be notified of material changes via email or their Seller Dashboard.
Continued use of Surf’s services after notification constitutes acceptance of the revised Terms.

1.13 Governing Law and Jurisdiction

This Agreement is governed by and construed in accordance with the laws of Malta.
Any disputes arising from or related to this Agreement shall fall under the exclusive jurisdiction of the Maltese courts.

1.14 Contact Information

For legal, compliance, or account-related matters, please contact:

Surf Creative Solutions Ltd.
Office 204, Level 2B, Centris Business Gateway II
Triq is-Salib tal-Imrieħel, Zone 3, Central Business District
Birkirkara, CBD 3020, Malta
Email: info@surf.mt
Phone: +356 77215267

Version 1.5

Effective date: 09/10/2025