Terms of Services Evasion Kite
Terms and Conditions of Sale
Last update: May 1, 2013.
When You make a purchase through the website www.evasionkiteboards.com (hereinafter the «Website»), your purchase is subject to the terms and conditions of sale provided hereinafter, which are setting forth the agreement (hereinafter the «Agreement» or the «Terms and Conditions of Sale») between You (hereinafter: «You» or the «User») and EVASION KITE, Inc., doing business under the name of EVASION KITE («EVASION KITE »). These Terms and Conditions of Sale may be modified from time to time by EVASION KITE, at its sole discretion, without notification.
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF SALE DESCRIBED HEREIN BEFORE MAKING A PURCHASE THROUGH THIS WEBSITE.
While accessing and browsing this Website, the User may select and purchase all marketed products offered for sale by EVASION KITE by placing an order through the Website in accordance with the conditions set forth herein. An order made through the Website by the User will not bind EVASION KITE until the transaction is completed and accepted by EVASION KITE. A transaction will be considered completed and final after your offer is accepted by EVASION KITE, which will thereafter confirm the formation of the contract of sale between You and EVASION KITE.
When purchasing through the Website, You hereby acknowledge and agree to be bound by the Terms and Conditions of Sale set forth therein. You also represent that You are of the legal age to enter into this Agreement and to give your full consent. It is strictly prohibited for children or any person under the age of thirteen (13) years to make a purchase or a transaction through the Website.
3. Description and Availability of the Product
EVASION KITE makes no warranty or representation regarding the description and/or picture (illustration) of the products offered or advertised on the Website. Those description and/or picture (illustration) are only provided as indications for the User. Therefore, the User acknowledges and agrees that the description of the products may slightly vary from the original product offered to the User.
THE INFORMATION APPEARING ON THE WEBSITE IN REGARD TO THE PRODUCTS, THEIR PRICE AND THEIR AVAILABILITY MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTIFICATION. ANY SUCH MODIFICATION MADE SHALL NOT ENGAGE EVASION KITE’S LIABILITY.
Hence, some models, colors or sizes of products may not be available, from time to time, for immediate delivery. Any such unavailability shall not engage EVASION KITE’s liability. In the event that a product ordered is unavailable at the time of delivery, EVASION KITE will notify the User by e-mail of such lack of availability and may, at its sole discretion, cancel the order made with respect to such unavailable product. Any payment processed at the time of the cancellation of an order will be refunded.
4. Order of the Product(s)
After having filled up the information pertaining to the purchase of a product, the User shall first submit his order. Thereafter, the User will be requested to confirm his order. Before submitting his final order on the Website by pressing the « confirm order » button, the User is responsible for ensuring the accuracy of the product selection in regard to the product size, quantity, color and price as well as of the details concerning billing and invoicing. As the case may be, the User is responsible to correct any error or inaccuracy. If it is impossible for the User to correct the error or inaccuracy, he shall promptly advise EVASION KITE of same in writing. Once a final order is submitted to EVASION KITE, the User shall receive an acceptance e-mail from EVASION KITE indicating that the transaction has been processed along with a detailed invoice and the Agreement in an electronic format, the whole within a delay of fifteen (15) days. The User is the sole responsible for ensuring the accuracy of the order, to print and keep a copy of the acceptance e-mail, the invoice and the Agreement. A delay of thirty (30) days is allowed to the User from the date of the e-mail in order to contact, inform and demonstrate to EVASION KITE any error or inaccuracy on the billing invoice. At the expiration of this delay, the exactitude of the billing invoice will be presumed.
The purchase price for a product ordered is the price shown on the Website plus all applicable taxes and charges. The prices are quoted in Canadian dollars.
EVASION KITE strives to abide by the industry standards of accuracy in product and pricing information. Nevertheless, prices displayed on the Website may contain errors. In the event of a material pricing error, EVASION KITE reserves its right, at its sole discretion, to cancel any order and to fully refund the User if the payment has been processed. EVASION KITE shall oversee the correction of the information on the Website accordingly.
EVASION KITE reserves its right to modify, at its convenience, the pricing information displayed on the Website without prior notice to the User
The User shall pay all applicable provincial and federal sales taxes along with shipping and handling charges plus the purchase price of the selected product(s). The User is responsible for the payment of the shipping charges according to the price list available on the Website at the time of the transaction. The shipping charges are subject to change, without prior notification, depending on the delivery option chosen by the User and the distance of delivery .In certain condition, shipping charges could be included.
Payment of the amount for the purchase of a product or any other items through the Website has to be made by paypalMC ,unless some other pre-arranged method of payment has been accepted by EVASION KITE at the time of the transaction.
The Website uses the PaypalMCsecured transaction system which ensures the safety of the financial and personal information given by the User while making a purchase or a transaction through the Website.
EVASION KITE will ship the product(s) ordered accordingly with the delivery option chosen by the User at the address indicated by the User. The User shall choose the delivery option and must pay the shipping charges accordingly. Delivery times specified on the Website are only provided as estimations and shall not be construed as warranties. EVASION KITE will not be liable for any delay related to the shipping, for any damages, direct or indirect, that the User may suffer.
No delivery will be made to a postal box. Certain restrictions and conditions may apply in some provinces or territories where the distance is important and the shipping too difficult and/or costly.
A product purchased through the Website is delivered to the User by a third party delivery company pursuant to a contract of delivery with the User. This delivery company is completely independent from EVASION KITE and does not act as an associate or affiliate.
The User will become the owner of the purchased product(s) and will assume the risks of loss immediately upon delivery of the product(s) to the third party delivery company by EVASION KITE.
In the event of a cancellation or return, shipping charges are non-refundable. Upon return of a product, a representative from EVASION KITE will refund the price paid.
The User hereby represents and warrants that he understands all the terms and conditions applying to a purchase through the Website and the provisions of this Agreement. The User represents to EVASION KITE that all purchase of products made through the Website is intended for personal use only and not for resale, distribution or commercialization to any third party. The User understands that he cannot, at any time, assign his rights or obligations under the Terms and Conditions of Sale. Moreover, the User represents and warrants that his personal information given to EVASION KITE for billing purposes is accurate. The User represents and warrants that he is the legitimate cardholder of the credit card used for the purpose of any given transaction. Finally, the User represents and warrants that he is not a child or a person under the age of thirteen (13) years.
EVASION KITE, a division of EVASION KITE, Inc., is duly constituted under Part 1-A of the QuebecCompanies Act. Its head office is located at 1000 Av St Alphonse, St Bruno, QC, Canada G0W 2L0
EVASION KITE represents that it will render all services related to a purchase through the Website in accordance with the industry standards in respect to diligence and professionalism but makes no representations that the use of the Website will be uninterrupted or error-free.
EVASION KITE hereby declares that the information contained on the Website is as accurate as possible, to the best of its knowledge, but makes no representations that the information on the Website is complete, exact or error-free.
EVASION KITE will update the information on the Website when necessary and within a reasonable period of time. Nevertheless, any given modification of the information on the Website may not engage the liability of EVASION KITE for any prejudice or damages, direct or indirect, which may affect the User.
EVASION KITE represents and warrants that it will contact and inform the User, by e-mail or by telephone, as soon as possible, in the event a problem relating to a purchase or a transaction through the Website is brought to its attention.
EVASION KITE SHALL NOT BE LIABLE FOR ANY DAMAGES DIRECT OR INDIRECT, HOWSOEVER CAUSED (INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT OR SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA), ECONOMIC DAMAGES OR PUNITIVE DAMAGES ARISING OUT OF A PRODUCT SOLD BY EVASION KITE OR OTHERWISE RELATED TO THIS AGREEMENT OR A TRANSACTION CONDUCTED ON OR FROM THE WEBSITE EVEN IF EVASION KITE OR ONE OF ITS CONTRACTORS, MANDATARIES, LEGITIMATE EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM(S).
IN NO EVENT WILL EVASION KITE’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT(S) ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES. IN NO EVENT WILL EVASION KITE BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF DATA TRANSMISSION ERRORS OR PROBLEMS, DAMAGES ATTRIBUTABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS, EVASION KITE’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF EVASION KITE.
NOTWITHSTANDING THE AFOREMENTIONED, NOTHING IN THIS PROVISION SHALL LIMIT ANY RIGHTS YOU MAY HAVE AS A CONSUMER ACCORDING TO PUBLIC ORDER STATUTORY PROVISION UNDER A PROVINCIAL OR A FEDERAL LAW.
For the purpose of the foregoing provision, « EVASION KITE » is deemed to include all of EVASION KITE’s affiliates and also its directors, management, employees, and mandataries.
This provision shall survive the termination or expiry of this Agreement.
The Terms and Conditions of Sale are subject to the following general provisions:
14.1 Governing Laws
The Terms and Conditions of Sale as well as its execution, interpretation, validity and effects are subject to the laws of the Province of Quebec and to the laws of Canada applicable.
If any provision of the Terms and Conditions of Sale is deemed to be invalid, non-written or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of any other remaining provisions of the Agreement.
Any dispute or claim arising out of, relating to, or having any connection with, the present Terms and Conditions of Sale, shall be referred to and finally resolved by a sole arbitrator (hereinafter «Arbitration Tribunal» or «Arbitrator» according to the following procedure: a party intending to submit a dispute to the Arbitration Tribunal must notify the other party of his request to refer to a sole arbitrator approved by all concerned parties, specifying the matter in dispute.
If the parties fail to concur on the choice of a sole arbitrator within a period of fifteen (15) days from the date of service of the notice, a sole arbitrator shall be appointed by a judge sitting in the judicial district of Quebec. The arbitration award will be final and without appeal and will bind the parties and shall be made by the Arbitrator in the best possible delay. The fees and costs of arbitration shall be shared equally between the parties unless the Arbitrator decides otherwise, as he may, at its sole discretion. The arbitration is subject to the provisions of theCivil Code of Quebecand theCode of Civil Procedure. Some laws do not allow mandatory arbitration for consumer matters. As a result, the present provision may not apply to You.
14.4 Injunctive Relief
Notwithstanding the arbitration provision herein or any other provision of the Terms and Conditions of Sale, EVASION KITE shall have the right to seek and obtain any injunctive relief, provisional, interim or permanent, from any court of competent jurisdiction to protect its trade-marks or any other intellectual property rights or confidential information or to preserve thestatus quopending arbitration.
14.5 Notice and Communication
The notice requested or approved according to the present Terms and Conditions of Sale must be made in writing and shall be considered validly received when sent by e-mail or certified mail at the following address:
C/O: Customer Service
EVASION KITE, INC.
1000 Av St Alphonse
St Bruno, QC
This Website is controlled and operated by EVASION KITE from St Bruno, Quebec, Canada. EVASION KITE makes no representations that the product and price information on the Website is appropriate or available for use in all provinces or territories of Canada and USA