Terms of service

Aerofoils Terms of Sale (United States)

Last updated: October 23, 2026 · Responsible company: Aerofoils USA Inc.

1. Who We Are and What These Terms Cover

These Terms of Sale apply to every purchase from the Aerofoils online store at us.aerofoils.com for delivery in the United States. The seller is Aerofoils USA Inc., a New York corporation, 3 West Main Street #102A, Irvington, NY 10533 ("Aerofoils", "we", "us"). Our Shipping Policy, Returns & Refund Policy and Limited Warranty form part of these Terms. Our Privacy Policy explains how we handle your personal information. Purchases by authorized Aerofoils dealers are governed by our Dealer Terms instead.

2. Eligibility

You must be at least 18 years old to place an order.

3. Orders

Product listings, prices, and descriptions on this website are invitations to place an order, not offers to sell. When you submit an order, you offer to buy the listed products at the stated prices under these Terms. We will email you a receipt for your payment and an acknowledgment that we received your order. Neither the receipt nor the acknowledgment is an acceptance of your order. We accept your order, and a contract is formed, only when we email you confirming that your order has shipped. If we ship only part of your order, we accept only the items shipped.

Until we accept your order, we may decline or cancel it, for example because of a pricing or product information error, limited availability, suspected fraud, or because we cannot deliver to your address. If we cancel, we refund any amount charged in full.

4. Prices, Taxes and Duties

All prices are in US dollars. We may change prices at any time, but price changes do not affect orders you have already submitted, except as described below for pricing errors.

Prices do not include sales or use tax. We calculate applicable tax based on your delivery address and show it at checkout before you pay.

Aerofoils USA Inc. is the importer of record for all products sold on this website. Displayed prices include all import duties, tariffs, and customs fees, and no duties, customs fees, or brokerage charges will be collected from you on delivery. Shipping charges are shown at checkout before you pay.

Pricing errors: if, before your order ships, we discover that a product was listed at an incorrect price, we will either (a) contact you and give you the choice to buy at the correct price or cancel, or (b) cancel your order. If the correct price is higher, we will charge the difference only with your express authorization. If you do not authorize it within 3 business days, we will cancel your order. If the correct price is lower, we will charge you the lower price and refund the difference. Any cancellation under this section is at no cost to you, and we will refund the full amount paid as described in our Returns & Refund Policy.

5. Payment

We accept the payment methods shown at checkout. Your payment method is charged when you place your order. If you choose a financing option, the financing provider's terms also apply.

6. Shipping Times, Pre-Orders and Delays

We ship within the time stated on the product page or at checkout. If no time is stated, we ship within 30 days of your order. If we cannot ship on time, we will tell you before the promised date and let you choose between accepting the new date and cancelling your order for a full refund. Pre-orders follow the same rules. Refunds for cancelled orders are issued within 7 business days, or within one billing cycle for credit card payments.

7. Delivery, Title and Risk of Loss

Title to the products, and risk of their loss or damage, pass to you on delivery. Delivery occurs when the carrier delivers the products to the address you provided and, for shipments requiring a signature, when you or another person at that address signs for them. If you choose to waive the signature requirement at checkout, delivery occurs when the carrier records the shipment as delivered to your address, and you accept the risk of loss from that time.

Please inspect the packaging when your order arrives. If it is visibly damaged, note the damage on the carrier's delivery receipt before signing, and take photographs if you can. You may also refuse a visibly damaged delivery, in which case we will arrange a replacement or a refund.

If a battery or its packaging appears crushed, punctured, wet, swollen, leaking, or unusually hot, or gives off an unusual odor, do not charge, install, or use the battery. Keep it away from people and flammable materials and contact us immediately. Follow the battery safety instructions in the Owner's Manual.

Please report any damage, missing items, or a shipment shown as delivered that you did not receive within 5 days of delivery, as described in our Shipping Policy, so that we can file a timely claim with the carrier. If you discover a problem later, contact us and we will still review your claim. Nothing in this section limits your rights under our Limited Warranty or under applicable law.

8. Returns

You can return eligible products as described in our Returns & Refund Policy.

9. Limited Warranty

Aerofoils products come with the Aerofoils Limited Warranty, available at us.aerofoils.com/pages/limited-warranty and on every product page. ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE DURATION OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

10. Safe and Lawful Use

Riding an eFoil involves inherent risks of serious injury or death, including from falls, collisions with people, vessels, or objects, contact with the hydrofoil, mast, or propeller, and drowning. Training, protective equipment, and following the Owner's Manual reduce these risks but cannot eliminate them.

Federal law and most states treat an eFoil as a motorized vessel, and some states may classify it as a personal watercraft. Depending on where you ride, you may need to register or title your eFoil, display registration numbers, hold a boating safety certificate, meet minimum age requirements, wear a life jacket, and follow rules about where, when, and how fast you may ride. Some waters prohibit motorized craft entirely. Rules vary by state and locality and change over time. This notice is general information, not legal advice; check with the boating agency in each state where you ride. We provide a Certificate of Origin and a bill of sale showing your eFoil's Hull Identification Number to help you register it.

You are responsible for complying with all federal, state, and local laws where you ride. You are also responsible for anyone you allow to use your eFoil, including making sure that they meet the minimum age and have read the Owner's Manual and Safety Information. Aerofoils eFoils must not be ridden by anyone under 16, and state law may set a higher minimum age.

Read the Owner's Manual and our Safety Information before your first ride, and follow them every time you ride. Always wear a helmet and a US Coast Guard-approved life jacket. We strongly recommend a lesson with a qualified instructor before riding on your own.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOSS OF USE, ARISING OUT OF YOUR PURCHASE OR USE OF OUR PRODUCTS. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO AN ORDER IS LIMITED TO THE AMOUNT YOU PAID FOR THAT ORDER. THESE LIMITATIONS DO NOT APPLY TO DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR BY A PRODUCT DEFECT, TO FRAUD OR WILLFUL MISCONDUCT, OR WHERE THE LAW DOES NOT ALLOW THEM. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

12. Governing Law

These Terms are governed by the laws of the State of New York and applicable US federal law, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Nothing in these Terms limits the consumer protection rights you have under the laws of the state where you live.

13. Disputes

If a dispute arises, please contact us first at support.usa@aerofoils.com so we can try to resolve it. If we cannot resolve it within 60 days, either of us may bring a claim in the small claims court of the county where you live, or in the state or federal courts located in Westchester County, New York.

14. Events Beyond Our Control

We are not responsible for delays caused by events beyond our reasonable control, such as severe weather, strikes, carrier failures or government action. We will keep you informed, and you may cancel an affected order for a full refund.

15. Changes and Other Terms

We may update these Terms; the version in force when you place an order applies to that order. If any part of these Terms is unenforceable, the rest remains in effect. These Terms, together with the policies named in clause 1, are the entire agreement for your purchase.

16. Contact

Aerofoils USA Inc., 3 West Main Street #102A, Irvington, NY 10533, support.usa@aerofoils.com, +1 917 420 0903.