Rules and Conduct of Users
1. User must be at least 18 years or older to use these Services.
2. User is responsible for any activities, including purchases, that occur under their account.
3. User is responsible for conduct and any data, text, information, screen names, and profiles ("Content") that are submitted to the Website or App.
4. User is responsible for securing account password and assumes liability for all activity and damage resulting from misplaced passwords.
5. User may not use the Services for any illegal or unauthorized purpose.
6. User may not impersonate another person or represent itself as affiliated with Kayaker Shop’ staff.
This list is an example and is not intended to be complete or exclusive. Kayaker Shop does not have an obligation to monitor your access to or use of the Services or to review or edit any information provided by the User. However, we have the right to do so for the purposes of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
1. You may not copy, modify or create derivative works of any Content on the Website or App, unless expressly authorized by Kayaker Shop.
2. You may not disassemble, decompile, or reverse-engineer Kayaker Shop or modify another website, application, or product offering so as to falsely imply that it is associated with Kayaker Shop.
3. You may not transmit any worms or viruses or any code of a destructive nature.
4. You may not, in the use of the Services, violate any laws in your jurisdiction.
5. You may not access Kayaker Shop' private API by any means other than the official Services.
6. You may not access or try to access non-public areas of the Service, our computer systems, or the technical delivery systems employed by our Service.
7. You may not use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, crawl, scrape, or otherwise index any portion of the site or any content from Kayaker Shop including but not limited to posted items, User profiles, names, addresses, email addresses, and photos.
8. Violation of this agreement can result in the termination of your Kayaker Shop account. You also agree to indemnify and hold Kayaker Shop harmless as indicated in the indemnification section below.
1. We reserve the right to refuse service to anyone, for any reason, at any time.
2. In the event of any inaccuracy or typographical error relating to an item’s description, price, offer, photograph, or availability, Kayaker Shop reserves the right to update, change, or cancel the order.
Credit Card Charges
Upon placing an order, payment must be made by available payment options, including payment by credit card. At our discretion, Kayaker Shop will charge your credit card immediately upon receipt of your order to expedite the shipping process.
Some orders may be subject to fraud or address verification screening, which may cause delay in processing these orders. Some verification requirements, such as a verification call to customer service, may be requested by email or phone.
Pricing, Image, and Product Description
Kayaker Shop is not responsible for pricing or product description discrepancies, including incorrect images.
Pricing changes from time to time. In the case of incorrect pricing, we will refund your purchase immediately if we are unable to fill your order. We make every effort to ensure accurate pricing at all times. However, we may not be able to honor your order at a lower price.
On some product pages, images show multiple items. Please refer to the product’s description to determine which items are included in the order. The product name and description describe the product, not the image. Items shown in the image for decorative, display, or other purposes do not indicate that those items are included with the purchase.
There may be some products that are one-of-a-kind or unique items. Such items may be unique in color, size, and construction. These items are noted on the product page as one-of-a-kind or unique or a synonymous term. We cannot guarantee a specific color, size, or construction when products are noted as such. In the event that You return a one-of-a-kind or unique item, outgoing shipping fees, return shipping fees, and applicable restocking fees are deducted from the refund amount.
Discounts and Price Matching
Kayaker Shop offers occasional discounts and promotional offers. Such advertised discounts and offers may not be applicable to certain brands or products and are subject to change at any time. At our discretion, Kayaker Shop will match prices from authorized dealers. A price will be matched only from major online retailers. The price to be matched must include the shipping incurred when shipping and all extra costs are calculated into the purchase. The product must be in stock and ready to ship from the Retailer. Any incorrect or unauthorized pricing may not be matched. We reserve the right to refuse to match pricing and not lose money on any given order. To submit a price match request, please contact us.
We make every attempt to ensure products You order from Kayaker Shop are ready to ship within the stated timeframe, but occasionally products will be on backorder. We will contact You immediately with the estimated timeframe. In order to hold a backordered item, You must place an order by using a valid method of payment, such as a credit card. Your credit card is only charged when the product is confirmed as available for shipment. However, if You decide to cancel a backordered item, your credit card will not be charged. Under no circumstances does Kayaker Shop make any guarantees about the availability of a backordered item.
Assembly / Installation
Products You purchase may require assembly, unless otherwise stated on the product page. Some items require professional assembly, particularly large equipment items. Assembly or installation services are not included in the sale price, unless otherwise stated on the product page. For assembly or installation questions or quotes, please contact us.
If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please see our DMCA Notice Policy.
DMCA notice—Notice and Procedure for making claims of copyright infringement:
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to the Kayaker Shop Site as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Kayaker Shop’ copyright agent the written information specified below. Please note that this form is solely for notifying Kayaker Shop that your copyrighted material has been infringed.
Kayaker Shop does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Kayaker Shop will respond by either taking down the allegedly infringing content or blocking access to it. Kayaker Shop may contact the notice provider to request additional information. Under the DMCA, Kayaker Shop is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Kayaker Shop a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Kayaker Shop’ Registered Agent (listed below) the following information in a written communication (preferably via email):
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Kayaker Shop to locate the material;
3. Information reasonably sufficient to permit Kayaker Shop to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
4. The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;”
5. The following statement: "I swear, under penalty of perjury, that the information in this notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;" and
6. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Integration with Third Party Services
Kayaker Shop allows User to use the Services combined with the PayPal website and app services. Kayaker Shop is integrated with third parties, which may include but is not limited to Facebook and Twitter and their related services. If You are using Kayaker Shop combined, integrated, or used with third party products, software applications, or websites (“Third Party Service[s]”), You agree that: (I) You may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of their Third Party Services; (ii) the functionality of Kayaker Shop or the Service may be diminished when operating through a Third Party Service; (iii) Kayaker Shop cannot guarantee that the Service shall always be available on or in connection with such Third Party Services.
Kayaker Shop reserves the right, at its sole discretion, to modify or replace any of these Terms, on the Website or App, by sending You notice through the Website or App, or via email. Kayaker Shop may also impose limits on certain features and services or restrict access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. You demonstrate acceptance of these Terms each time You use or make a purchase on our Website or App.
Kayaker Shop may terminate, change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) or your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Service and related Content. Users may also terminate this agreement at any time. However, any obligations and liabilities made prior to termination of this agreement shall be strictly enforced.
The items featured on the Website or App are provided “As Is” without warranties of any kind. Kayaker Shop expressly disclaims any duty to update or revise. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Website, App, or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, USES THAT MAY INTERFERE WITH THE PROPERTY RIGHTS OF OTHERS, GENERAL ITEM MODIFICATION, MODIFYING ITEM IN ANY WAY THAT IS INHERENTLY DANGEROUS, USING ITEM FOR OTHER THAN ITS INTENDED PURPOSE, USING ITEM IN ANY MANNER THAT DEVIATES FROM THE PRODUCT INSTRUCTIONS, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
YOU UNDERSTAND THAT KAYAKER SHOP AND OUR SUPPLIERS WILL ALSO HAVE NO LIABILITY RELATING TO THE USE OF THIS SERVICE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER LOSSES, INTANGIBLE OR OTHERWISE RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE THE SERVICE; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; AND (3) ANY CONTENT, PRODUCT, OR SERVICE OBTAINED FROM THE SERVICE; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, (4) ANY COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES OR ANY RELATIONS WHATSOEVER BETWEEN YOU AND ANY OTHER USER, PERSON OR ORGANIZATION; WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website or App are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website or App does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from the Website or App. By placing an order, You represent that the products ordered will be used only in a lawful manner.
Third Party Links
For any dispute You have with Kayaker Shop, You agree to first contact Kayaker Shop and attempt to resolve the dispute with us informally. You agree to defend, indemnify, and hold Kayaker Shop, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Services and/or your breach of any representation, warranty, or other provision of the Terms.
To resolve a complaint regarding Kayaker Shop, you should first contact our Customer Service Department through our support center at email@example.com.
For any dispute you have with Kayaker Shop, you agree to first contact Kayaker Shop and attempt to resolve the dispute with us informally. In the unlikely event that Kayaker Shop has not been able to resolve a dispute within 30 days, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, "Claims"), by binding arbitration. Unless You and Kayaker Shop decide otherwise, arbitration will be conducted in New York, NY. The arbitration shall be conducted by the American Arbitration Association under its Consumer Arbitration Rules (a copy of which can be obtained here), or as otherwise mutually agreed by You and Kayaker Shop. Claims shall be brought within the time required by applicable law. Each party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Kayaker Shop ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Force MajeureWe shall not be in default by reason of any failure in performance of these Term if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party, including but not limited to, default by subcontractors or supplies, acts of God or of the public enemy, terrorism, U.S. or foreign government acts in either a sovereign or contractual capacity, labor, fire, flood, epidemic, restrictions, strikes, freight embargoes, and/ or banking and financial institution interruption.
These Terms are governed by the laws of the State of New York, without regard to any conflict of laws rules or principles. The parties to these Terms each specifically consent to jurisdiction of New York in connection with any dispute between the parties arising out of this Agreement or pertaining to the subject matter hereof. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.