Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to WATERBIKECO. These Terms of Service ("Terms") govern your access to and use of the WATERBIKECO website, online store, products, content, features and services (collectively, the "Services").
Throughout these Terms, "WATERBIKECO", "we", "us" and "our" refer to WATERBIKECO INC.
Our online store is hosted by Shopify, which provides the ecommerce platform that enables us to offer our products and Services to you.
By visiting our website, using our Services or purchasing products from us, you agree to these Terms and to any policies referenced herein, including our Privacy Policy and Return & Refund Policy.
Nothing in these Terms is intended to exclude, restrict or replace any consumer right, warranty, remedy or other protection that cannot legally be excluded or limited under applicable law.
SECTION 1 - ACCESS AND ACCOUNT
You may use our Services only for lawful purposes and in accordance with these Terms.
Where required by applicable law, you must have reached the age of majority in your jurisdiction or have the consent of a parent or legal guardian.
You are responsible for providing accurate, current and complete information when creating an account or placing an order.
You are responsible for maintaining the confidentiality and security of your account credentials and for activities conducted through your account.
You may not use our Services for fraudulent, unlawful or unauthorized purposes.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to accurately describe and display our products, specifications, features, dimensions and appearance.
However, colors and product appearance may vary depending on screens, devices, lighting, manufacturing tolerances and other factors.
We may improve, modify or update products, components, specifications, packaging or accessories from time to time, provided that such changes do not unlawfully affect confirmed orders or mandatory customer rights.
Product availability may be limited by quantity, geographic location or market.
Nothing in this section excludes any mandatory warranty, conformity requirement or other right provided by applicable law.
SECTION 3 - ORDERS
Submitting an order constitutes an offer to purchase. An order is accepted only after WATERBIKECO has accepted the order and processed or authorized payment.
We reserve the right, subject to applicable law, to refuse, limit or cancel an order, including where we reasonably suspect fraud, unauthorized resale, pricing errors, payment problems or other legitimate concerns.
If we cancel an order after payment has been collected, we will provide any refund required by applicable law.
Customers are responsible for reviewing their order information before submitting an order.
Consumer purchases are also subject to our Return & Refund Policy and any mandatory consumer rights provided by applicable law.
SECTION 4 - COMMERCIAL AND BUSINESS SALES
Purchases made by dealers, distributors, resellers, hotels, resorts, rental operators, tour operators, commercial recreational facilities and other persons or entities purchasing primarily for business, resale, rental or commercial purposes ("Commercial Customers") are considered commercial sales.
Unless otherwise agreed in writing by WATERBIKECO, all Commercial Customer sales are final and are not eligible for voluntary returns, exchanges or refunds due to change of mind, business circumstances, unsold inventory, insufficient demand, lack of use or similar commercial reasons.
If a Commercial Customer receives a product or component that is missing, damaged or appears defective, the Commercial Customer must contact WATERBIKECO promptly to open a service request.
WATERBIKECO will evaluate the issue and, where appropriate, may repair or replace the affected component or product, provide another appropriate remedy, or provide any remedy required by applicable law or an applicable written commercial warranty.
Commercial Customers may also be subject to separate dealer, distributor, wholesale, rental or commercial agreements. Where a separate written agreement exists, that agreement will govern to the extent of any conflict with these Terms.
Nothing in this section excludes or limits any right or obligation that cannot legally be excluded or limited under applicable law.
SECTION 5 - PRICES, TAXES AND PAYMENT
Prices, discounts and promotions may change without notice, subject to applicable law.
The price applicable to an order will generally be the price displayed when the order is placed and confirmed.
Unless otherwise indicated, applicable taxes, shipping, freight, customs duties, brokerage charges and other charges may be added to the purchase price where applicable and where permitted by law.
Customers agree to provide current, complete and accurate billing, payment and account information.
The customer represents that they are authorized to use the payment method provided.
Prices may be displayed or charged in different currencies depending on the customer's market or location.
SECTION 6 - SHIPPING AND DELIVERY
Delivery dates and transit times are estimates unless WATERBIKECO expressly agrees otherwise or applicable law requires otherwise.
Orders may be shipped in multiple packages or boxes, and individual packages forming part of the same order may arrive on different dates.
WATERBIKECO is not responsible for delays caused by circumstances outside our reasonable control, subject always to rights and remedies that cannot legally be excluded under applicable law.
Customers are responsible for providing complete and accurate shipping information.
Risk of loss, ownership and responsibility for products will transfer in accordance with applicable law and any specific shipping terms agreed with the customer.
Consumer rights relating to delayed, incomplete, damaged or undelivered orders remain unaffected where they cannot legally be excluded or limited.
SECTION 7 - RETURNS AND REFUNDS
Consumer returns, refunds and voluntary change-of-mind requests are governed by our Return & Refund Policy.
Where WATERBIKECO offers a voluntary return policy, that policy is separate from and does not replace any mandatory statutory right of withdrawal, cancellation, warranty or remedy available under applicable law.
Commercial Customer purchases are governed by Section 4 of these Terms and any applicable written commercial agreement.
SECTION 8 - PRODUCT USE AND WATER SAFETY
WATERBIKECO products are intended for recreational water use and must be assembled, operated, maintained, transported and stored in accordance with applicable instructions, warnings, manuals and laws.
Water activities involve inherent risks. Users are responsible for assessing weather, water, current, traffic and environmental conditions before and during use.
Users must comply with applicable boating, navigation, safety and personal flotation device requirements in the jurisdiction where the product is used.
Children and persons requiring assistance must be appropriately supervised.
Customers and users must inspect the product and its components before use and must not operate a product that appears damaged, improperly assembled or unsafe.
Products should not be modified or used with unauthorized components in a manner that could compromise their safe operation.
Nothing in this section excludes or limits liability where such liability cannot legally be excluded or limited.
SECTION 9 - INTELLECTUAL PROPERTY
All content available through the Services, including trademarks, trade names, logos, product names, designs, photographs, videos, graphics, text, manuals and other materials, is owned by or licensed to WATERBIKECO, Shopify or the applicable rights holder and is protected by applicable intellectual property laws.
WATERBIKECO names, logos, product designs and branding may not be reproduced, distributed, modified or commercially used without prior written authorization, except where permitted by law.
Authorized WATERBIKECO dealers or commercial partners may use approved marketing materials only in accordance with any applicable dealer, brand or commercial agreement.
SECTION 10 - THIRD-PARTY SERVICES AND LINKS
Our Services may contain links to, integrations with or services provided by third parties.
We are not responsible for the content, policies, security, availability or practices of independent third-party websites or services.
Customers should review the applicable terms and policies of third-party providers before using their services.
Nothing in this section limits responsibility that cannot legally be excluded under applicable law.
SECTION 11 - RELATIONSHIP WITH SHOPIFY
WATERBIKECO uses Shopify to provide ecommerce and related technology services.
Purchases made through our online store are transactions between the customer and WATERBIKECO, except where expressly stated otherwise.
Shopify is not the seller of WATERBIKECO products.
Certain personal information may be processed by Shopify and other service providers in accordance with our Privacy Policy and applicable privacy laws.
SECTION 12 - PRIVACY
Personal information collected through our Services is handled in accordance with our Privacy Policy and applicable privacy laws.
By using the Services, you acknowledge that certain information may be processed by Shopify and other service providers that assist WATERBIKECO with ecommerce, payments, shipping, communications, analytics and other business operations.
SECTION 13 - FEEDBACK
If you voluntarily submit ideas, suggestions, reviews, comments or other feedback to WATERBIKECO, you represent that you have the right to provide such feedback.
Unless otherwise agreed in writing, WATERBIKECO may use non-confidential feedback for legitimate business purposes, subject to applicable intellectual property and privacy laws.
You may not submit unlawful, defamatory, abusive, fraudulent, misleading or infringing content.
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, specifications, pricing, promotions, shipping charges, transit times or availability.
Subject to applicable law, we reserve the right to correct errors, update information and, where legally permitted, cancel or correct orders affected by material errors.
Nothing in this section limits any mandatory consumer right.
SECTION 15 - PROHIBITED USES
You may not use the Services:
(a) for unlawful, fraudulent or malicious purposes;
(b) to violate applicable laws or regulations;
(c) to infringe intellectual property or privacy rights;
(d) to transmit malware or harmful code;
(e) to interfere with the security or operation of the Services;
(f) to collect personal information unlawfully;
(g) to impersonate another person or entity;
(h) to engage in abusive, threatening, defamatory or discriminatory conduct;
(i) to conduct unauthorized automated scraping, extraction or other activity that materially interferes with the Services; or
(j) for any other activity that violates these Terms or applicable law.
We may suspend or terminate access to the Services for violations of these Terms where permitted by applicable law.
SECTION 16 - TERMINATION
We may suspend or terminate access to our Services where reasonably necessary, including for violations of these Terms, fraud, security concerns or unlawful conduct.
Termination does not eliminate obligations or rights that arose before termination.
Sections that by their nature should survive termination will remain in effect.
SECTION 17 - WARRANTIES AND STATUTORY RIGHTS
Certain jurisdictions provide consumers and purchasers with statutory warranties, guarantees and remedies that cannot legally be excluded or limited.
Nothing in these Terms excludes, restricts, modifies or replaces any warranty, consumer guarantee, statutory right or remedy that cannot legally be excluded or limited.
Where permitted by law, any additional voluntary or commercial warranty offered by WATERBIKECO will be governed by the written terms of that warranty.
SECTION 18 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, WATERBIKECO will not be liable for indirect, incidental, special, punitive or consequential damages arising from use of the Services or products where such damages may lawfully be excluded.
Any limitation or exclusion of liability in these Terms applies only to the extent permitted by applicable law.
Nothing in these Terms excludes or limits liability for matters that cannot legally be excluded or limited, including any mandatory rights or remedies provided by applicable consumer protection, product liability or other applicable laws.
SECTION 19 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless WATERBIKECO and its affiliates, officers, directors, employees and service providers from third-party claims arising directly from your unlawful use of the Services, your material breach of these Terms, or your violation of the rights of another person.
This provision does not apply where prohibited by applicable consumer protection or other mandatory law.
SECTION 20 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.
The remaining provisions will continue in effect.
SECTION 21 - WAIVER AND ENTIRE AGREEMENT
A failure by WATERBIKECO to exercise or enforce a right under these Terms does not constitute a waiver of that right.
These Terms, together with the policies and other terms incorporated by reference, constitute the agreement governing use of the Services, except where a separate written agreement applies.
Commercial Customers may be subject to additional written commercial, dealer, distributor or wholesale agreements.
SECTION 22 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms where doing so would violate applicable law or materially affect WATERBIKECO without our consent.
WATERBIKECO may assign its rights and obligations as part of a legitimate business transaction where permitted by applicable law and without reducing mandatory customer rights.
SECTION 23 - GOVERNING LAW
These Terms and transactions with WATERBIKECO are generally governed by the laws applicable in the Province of Quebec and the federal laws of Canada applicable therein, subject to mandatory laws that apply to a customer's purchase.
For consumers, nothing in this section deprives the consumer of the protection of mandatory laws or jurisdictional rights that apply in the consumer's place of residence or that otherwise cannot legally be waived.
Commercial Customers may be subject to separate governing-law and dispute-resolution provisions contained in their commercial, dealer, distributor or wholesale agreements.
SECTION 24 - CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our Services, products, business practices or legal requirements.
The current version will be posted on our website.
Material changes will apply in accordance with applicable law and will not retroactively eliminate rights already acquired under a completed transaction where prohibited by law.
SECTION 25 - CONTACT INFORMATION
Questions regarding these Terms of Service may be sent to:
WATERBIKECO INC.
Quebec, Canada
Email: info@waterbikeco.com
Additional business contact information may be provided on our website or during the ordering process where required by applicable law.