KayakProShop.COM'S TERMS AND CONDITIONS OF SALE
KayakProShop.com Website is owned and operated by Olympic Kayak Company. Any and all rights reserved for KayakProShop, KayakProShop.com, and/or KayakProShop.com Website are also hereby transferred to Olympic Kayak Company throughout this and all other documents of the KayakProShop.com Website.
By buying from KayakProShop.com the Customer demonstrate their acceptance of KayakProShop.com's Terms and Conditions of Sale, herein known as Terms and Conditions of Sale. By clicking the "Process My Order" button, at the bottom of the order summary page, the customer acknowledges that they have read, understood and do accept these Terms and Conditions of Sale. If the Customer does not agree to these Terms and Conditions of Sale, the customer should not purchase items from KayakProShop.com.
KayakProShop.com does not sell products to unregistered users over the Internet. All users wishing to make a purchase must be registered with KayakProShop.com. Users may only purchase via KayakProShop.com's Website logged in under their own name. Registered users may not transfer their account to unregistered users without the expressed permission of KayakProShop.com.
KayakProShop.com reserves the right to change, modify or amend these Terms and Conditions of Sale at any time by updating this posting. The Customer should visit this page periodically to review the Terms and Conditions because they are binding on the Customer. All products are subject to the Terms and Conditions of Sale at their time of purchase.
The Customer agrees that orders submitted to KayakProShop.com via the Internet, whether through the Website, or e-mail, constitute the signed writing of the Customer, fully effective and enforceable for all purposes, including but not limited to satisfaction of requirements of the Statute of Frauds.
The Customer's receipt of any form of order confirmation does not signify KayakProShop.com's acceptance of the Customer's order, nor does it constitute confirmation of our offer to sell. We may require additional customer information before accepting any order. KayakProShop.com reserves the right at any time after receipt of the Customer's order to accept or decline an order for any reason. KayakProShop.com reserves the right at any time after receipt of an order, without prior notice to the Customer, to supply less than the quantity ordered of any item. If the Customer fails to make payment on an order, KayakProShop.com retains the right to resell the products ordered.
The Terms of Sale for KayakProShop.com may not be altered, supplemented or amended by the use of any other document. All documents and transactions that are subject to additional or altered terms are considered null, unless otherwise agreed upon in writing by the Customer and KayakProShop.com, prior to any purchase.
These Terms of Sale and KayakProShop.com shall be governed by the internal laws of the State of Washington, without regard to conflicts of law or choice of law principles. If any provision of this Agreement is found by a court with competent jurisdiction to be invalid, the invalidity of such a provision shall not affect the validity of the remaining provisions of this Agreement.
Terms of payment are within KayakProShop.com's discretion and unless otherwise agreed by KayakProShop.com, payments for products will be made by Master Card, VISA credit cards or as listed in the payment selection drop down box on the order summary page. KayakProShop.com must receive payment prior to KayakProShop.com's acceptance of an order. Orders are not binding upon KayakProShop.com, until accepted by KayakProShop.com. If the Customer fails to make payment on an order, KayakProShop.com retains the right to resell the products ordered.
Shipping and Handling Fees
Separate charges for shipping and handling will be shown on KayakProShop.com's invoices and receipts of sale. Hazardous material handling fees are itemized separately.
Washington State Law requires that KayakProShop.com collect sales tax on the full amount of the order including shipping and handling, and hazardous fees, on all orders shipped to and within Washington State. The Customer is responsible for all other taxes, fees, and duties associated with the order.
The United States controls the export of products and information. The Customer agrees to comply with such restrictions and not export or re-export products purchased from KayakProShop.com to countries or persons prohibited under the export control laws. By using this Website, the Customer agrees that the Customer is not in a country where such export is prohibited or a person or entity to which such export is prohibited. The Customer is responsible for compliance with the laws of the Customer's local jurisdiction regarding import, export and re-export of products and information.
Title to products passes from KayakProShop.com to the Customer upon physical receipt of the products ordered. When fulfillment of an order is divided, i.e. between warehouses, carriers or for other reasons, the title of each product is transferred upon physical receipt of each individual product.
KayakProShop.COM DOES NOT OFFER ANY WARRANTIES OF ITS OWN AND PROVIDES THE WEBSITE AND ITS CONTENTS (INCLUDING PRODUCTS) ON AN "AS IS" BASIS. KayakProShop.COM MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIALS AND/OR PRODUCTS OFFERED FOR SALE ON THE WEBSITE. KayakProShop.COM REPUDIATES ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, EXPRESS WARRANTIES, IMPLIED WARRANTIES OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. KayakProShop.COM PRESENTS PRODUCT SPECIFICATIONS AS RECEIVED FROM MANUFACTURERS AND/OR DISTRIBUTORS. KayakProShop DOES NOT WARRANT EITHER EXPRESSLY OR IMPLIED, THAT THIS INFORMATION IS CORRECT OR RELIABLE. KayakProShop.COM OFFERS ITS "EXPLODED VIEWS" OF PRODUCTS AND ASSEMBLIES, ON AN INFORMATIONAL BASIS ONLY FOR IDENTIFYING SPARE PARTS TO FACILITATE ORDERING. KayakProShop.COM DOES NOT WARRANT EXPLODED VIEWS AS BEING CORRECT FOR INSTALLATION, MAINTENANCE, DISASSEMBLY OR ASSEMBLY PURPOSES. KayakProShop.COM DOES NOT ASSIST THE CUSTOMER IN PROCESSING MANUFACTURERS' WARRANTIES.
Shipping and Return Policy
Please click here to view KayakProShop's Shipping and Return Policy.
KayakProShop does not warrant products for any particular purpose or fitness of use. If an item becomes defective while under the manufacturer's warranty, please review the manufacturer's warranty and contact the manufacturer directly.
KayakProShop.com's policy is one of on-going product update and revision. KayakProShop.com may at anytime discontinue, update, add or revise product offerings, including pricing and availability. KayakProShop.COM PRESENTS PRODUCT SPECIFICATIONS AS RECEIVED FROM MANUFACTURERS AND/OR DISTRIBUTORS. KayakProShop.COM DOES NOT WARRANT THAT THIS INFORMATION IS CORRECT OR RELIABLE.
Limitations of Liability
The Customer agrees that for any purchase of products, KayakProShop.com is not liable or responsible for any amount of damages above the aggregate dollar amount paid by the Customer for the purchase of the products under these Terms and Conditions of Sale.
Not for Resale
The Customer agrees that products bought from KayakProShop.com are not for resale and are for the Customer's own internal use. At this time KayakProShop.com does not sell products for resale.
Customer Service and Support
KayakProShop.com offers a toll free number and e-mail for Customer Service. KayakProShop.com's Customer Service Representatives are available to assist customers with questions and concerns. However, it is understood that they may not be able to answer every question or solve every problem.
The Customer hereby forever releases, waives, and discharges KayakProShop.com from any and all claims, actions, causes of action, suits, debts, charges, complaints, liabilities, right to receive payment, promises, agreements, controversies, damages, and expenses (including attorneys' fees and other professional costs) of any nature whatsoever, whether in law or in equity, whether based in tort, contract, statute, ordinance, rule, regulation, or any other theory of law whatsoever, and whether known or unknown, contingent or liquidated, which it may have or that have been asserted or could be asserted which relate to, arise out of, or are in any way connected to the use of the Web Site.
The Customer agrees to defend, indemnify and hold harmless KayakProShop.com, its parent company, other financially related companies, its officers, directors, employees and agents from and against any claims, actions or demands including without limitation reasonable legal and accounting fees, alleging or resulting from the Customer's use of this Website or purchasing products or the Customer's breach of the terms of this Agreement. KayakProShop.com shall provide notice to the Customer promptly of any such claim, suit or proceeding and shall assist the Customer, at the Customer's expense, in defending any such claim, suit or proceeding.
Except for the right of either party (KayakProShop.com or the Customer) to apply to a court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, the parties shall submit any dispute arising out of these Terms and Conditions of Sale to binding arbitration by a single arbitrator under the auspices of Judicial Dispute Resolution, Inc. ("JDR"), as follows. All hearings and proceedings held and all actions taken by the arbitrator shall take place in Seattle, Washington. The fees and expenses of the arbitration shall be equally borne by the parties. The parties shall select a mutually acceptable arbitrator within ten (10) days of the date a written demand for arbitration is received by either party from the other. If the parties are unable to reach agreement on a mutually acceptable arbitrator within that ten (10) day period then: (I) the parties will request JDR to provide a panel of five (5) potential arbitrators, (II) each party will have the right to strike two (2) arbitrators from that panel, and (III) the remaining arbitrator will arbitrate the dispute. The decision shall be final and binding on all parties. Provided however, that prior to any arbitration, both parties agree to meet with a mediator, jointly selected by the parties, for at least four (4) hours, to attempt a resolution of their dispute. The cost of the mediator shall be shared equally.
KayakProShop.com shall not be liable for delays or failures in performance resulting from strikes, riots, wars (declared or undeclared), government regulations, acts of nature, earthquakes, unusually severe weather, fire, flood, material shortages or other similar or dissimilar causes beyond KayakProShop.com's reasonable control.
The headings used herein are for reference only and are not a part of KayakProShop.com's Term and Conditions of Sale.
This Agreement constitutes the entire Agreement between the Customer and KayakProShop.com with the respect to the Terms and Conditions of Sale. Any changes to this Agreement must be made in writing and signed by an authorized representative of KayakProShop.com.