Terms of service

OVERVIEW
This website is operated by WAIHANA. Throughout the site, the terms “we”, “us” and “our” refer to WAIHANA. WAIHANA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall WAIHANA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless WAIHANA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@waihana.com.

Waihana Return & Refund Policy

Effective date: 1 January 2026. This policy applies to all orders placed on or after the effective date and forms part of the terms of sale accepted at checkout.

1. Overview

At Waihana, every product is inspected and photographed before it ships. We stand behind our craftsmanship, and we make our return terms clear up front. By completing a purchase, you acknowledge and accept this policy.

We offer a 30-day return window from the date of delivery for eligible items, subject to the conditions and exclusions below.

IMPORTANT: All approved refunds are issued as WAIHANA STORE CREDIT. We do not issue refunds to the original payment method except as required by law or in the case of an order cancelled before shipment (see §5) or an out-of-stock cancellation (see §6).

2. Return Eligibility

An item qualifies for return only if all of the following are true:

It is in the same condition in which it was delivered — no signs of wear, use, fitting, or handling damage;
All original hang tags remain attached;
It is in its original packaging (bag, mailer, or box, folded as received);
You have proof of purchase (order number or order confirmation email); and
You have received a Return Authorization (RA) number from Waihana before shipping the item back.

Items returned without a valid RA number, or that fail inspection under §4, are not eligible for credit and will be handled under §4.3.

OPEN-CELL WETSUITS — READ THIS Open-cell neoprene is a delicate, high-performance material. Tears, gouges, or punctures to the open-cell interior — including damage caused by fingernails, jewelry, or donning the suit without water or lubricant — are signs of handling and use, and an item showing such damage is not in the condition in which it was delivered. See §§5 and 7.

3. Refund Form, Fees & Return Shipping

3.1 Store Credit & Restocking Fee

All approved returns are refunded as Waihana store credit. Store credit expires one (1) year from the date of issuance.
A 15% restocking fee is deducted from every return. This covers the individual inspection, refolding, and re-inventory of each returned suit by hand.
No restocking fee applies to returns under §5 (items delivered damaged, defective, or incorrect) where Waihana's fault is confirmed.

3.2 Return Shipping

Domestic (US) returns: Waihana provides a prepaid return label upon RA approval. The actual postage cost of that label is deducted from the store credit issued. If you prefer to ship at your own expense, you may do so prepaid and insured — Waihana is not responsible for return shipments that are lost or damaged in transit.
International returns: Return shipping is the customer's responsibility. Ship prepaid and insured and provide Waihana the tracking number. Waihana is not responsible for return shipments that are lost or damaged in transit.

4. Return Process

Request: Email sales@waihana.com within the 30-day window with your order number and reason for return. You may also initiate through your Waihana customer account page.
Authorization: If approved, you will receive an RA number and shipping instructions. The RA number must be clearly marked on the outside of the return package. Unauthorized returns are rejected and returned to sender.
Inspection: All returned items are inspected upon receipt and compared against our pre-shipment quality-control records for that unit.
- Pass: Store credit is issued within 10 business days of receiving the item. Allow an additional 1–3 business days for the credit to appear in your account.
- Fail (signs of wear, use, or handling damage; missing tags; altered condition): No credit is issued. The item will be returned to you at your expense, or discarded at your instruction. Waihana's inspection determination is final.

5. Items That Arrive Damaged, Defective, or Incorrect

Please inspect your order immediately upon delivery.

Claims must be submitted within 5 days of the carrier-recorded delivery date, by email to sales@waihana.com.
Every claim must include clear photographs of: (a) the damage or defect, (b) the item's attached tags, and (c) all original packaging, inside and outside. Claims without required photographs, or submitted after the 5-day window, cannot be accepted.
Waihana may request additional photographs or video. Claims are assessed on photographic evidence plus our dated pre-shipment QC records. Waihana is not obligated to conduct a physical inspection before making a determination, and may condition a physical inspection on return of the item under an RA number.
If Waihana determines the item was delivered damaged, defective, or incorrect, Waihana will — at its option — repair, replace, or issue store credit for the full purchase price with no restocking fee and with return shipping (if required) at Waihana's expense.
If Waihana determines the damage is not covered (see §7), the item is not eligible for return, replacement, or credit.

6. Order Cancellations & Out-of-Stock Refunds

6.1 Customer-Requested Cancellations

If you request cancellation before your order has shipped, Waihana will cancel the order and issue a full refund to your original payment method, with no restocking fee.

Once an order has shipped, it cannot be cancelled. If you no longer want the item, you may initiate a return after delivery under §§2–4.

6.2 Waihana-Initiated Cancellations (Out of Stock)

If Waihana is unable to fulfill your order due to an inventory discrepancy or stock-out after your order is placed, we will notify you promptly and issue a full refund to your original payment method — no restocking fee, no deductions.

7. Damage Not Covered

The following constitute damage occurring after delivery, or resulting from use, handling, or improper care. They are not manufacturing defects and render an item ineligible for return or credit:

Tears, gouges, or punctures to open-cell neoprene caused by fingernails, jewelry, watches, or other contact during handling, fitting, donning, or doffing;
Damage from donning or doffing a wetsuit without water or an approved lubricant, contrary to the care instructions included with every suit and published on each product page;
Stretching, seam stress, or tearing from forcing an incorrect size;
Abrasion, cuts from fins/weights/gear, hook or spear damage;
Damage from sunlight, heat, chlorine, solvents, machine washing or drying, or improper storage;
Normal wear and tear, and cosmetic variations inherent to natural rubber neoprene.

Whether damage falls within this section is determined by Waihana based on the physical characteristics of the damage as shown in photographic or physical evidence. A customer's statement about how or whether an item was handled does not, by itself, establish that damage occurred before delivery.

8. Non-Returnable Items

We do not accept returns of:

Clearance merchandise, factory outlet, or discounted items marked final sale at time of purchase;
Custom or personalized products (made-to-measure, custom color, or embroidered items);
Items that have been used, worn in water, or show any signs of use;
Personal care or hygiene items (including hoods and gloves) once removed from original packaging;
Hazardous materials;
Gift cards; and
Pre-order deposits.

9. Exchanges

Exchange requests may be made within the 30-day window via your customer account page or sales@waihana.com. Exchanges are subject to the same eligibility, inspection, and shipping terms as returns (§§2–4). If the requested replacement is not available, a store credit will be issued instead.

10. Limited Manufacturing Warranty

Waihana warrants its wetsuits against defects in materials and workmanship for 90 days from the date of delivery.

The exclusive remedy is repair or replacement, at Waihana's option. Warranty claims do not qualify for refunds or store credit unless Waihana determines repair and replacement are both impracticable.
No restocking fee applies to confirmed warranty claims.
Warranty claims follow the same photographic evidence process as §5.
This warranty does not cover damage described in §7, items purchased from unauthorized resellers, or items modified or repaired by anyone other than Waihana.

11. Quality Control & Records

Every Waihana wetsuit is individually inspected and photographed prior to packaging, and each shipment is recorded with carrier tracking. These records are internal quality-control documentation and are not released to customers. In the event of a payment dispute, Waihana provides its complete records — including dated pre-shipment photographs, delivery confirmation, and all correspondence — to the payment processor or card issuer for independent review.

12. Shipping Damage

Damage caused by the carrier must be reported under §5 (within 5 days, with photographs of the item and all original packaging, which must be retained until the claim is resolved). Waihana will pursue the carrier claim on your behalf; your remedy is as described in §5.

13. B2B & Dealer Accounts

Return and refund terms for B2B/dealer accounts are governed by your Waihana dealer agreement and may differ from this policy. Contact your account manager for details. This policy applies to direct-to-consumer orders only.

14. Disputes

If you are dissatisfied with a determination under this policy, contact sales@waihana.com and request escalation; a manager will conduct one final review. Waihana's determination following that review is final.

By purchasing, you agree to contact Waihana and complete this escalation process before initiating a payment dispute. Waihana responds to all payment disputes with its complete records as described in §11.

Waihana communicates regarding an order only with the purchaser of record or the cardholder.

Waihana reserves the right to refuse returns, exchanges, or future orders in cases of policy abuse, including repeated returns, fraudulent claims, or misrepresentation of an item's condition or history.

15. Your Statutory Rights

Nothing in this policy limits any rights or remedies you may have under applicable law that cannot be excluded or limited by agreement. This includes, without limitation, consumer protection rights under the laws of Australia, the European Union, the United Kingdom, and other jurisdictions where mandatory statutory rights apply.