Terms and conditions

OVERVIEW

This website is operated by CANOEBOAT.CA and HIKE48.com. Throughout the site, the terms “we”, “us” and “our” refer to CANOEBOAT.CA/HIKE48.com. CANOEBOAT.CA/HIKE48.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

1. Orders

Upon receipt of product order from the customer (“Purchaser”), Company shall promptly provide Purchaser with a sales order estimate or similar response, either in electronic format or otherwise, which shall constitute a formal offer for Company’s product or products. Purchaser shall accept such an offer by delivering payment to Company. Upon receiving payment, Company shall make arrangements to ship ordered products to the location designated by Purchaser. Purchaser hereby agrees that all shipping costs are the sole responsibility of
Purchaser, in accordance with Section 4 below. The company shall put forth its best efforts to deliver orders within thirty (30) days, but the Company cannot guarantee the shipment of all products within that timeframe. The company shall promptly notify the Purchaser of circumstances where product delivery time is estimated at longer than thirty (30) days.
Custody and responsibility of the products shall transfer to Purchaser upon delivery.

2. Product Warranty 

The company hereby represents and warrants that all products shipped to Purchaser shall be suitable for consumers and properly packaged in conformity with applicable laws and other regulations.
The company further represents that such products shall be covered by a two (2) year warranty from the date of sale to the Purchaser. Purchaser may return any product to Company which is deemed defective or unsaleable; provided that such defective condition existed at the time of delivery to Purchaser. 

The guarantee period is 24 months and is calculated from the date of sale. The producer provides cost-free repairs or replacement of faulty components for material faults or production faults. The warranty does not cover any damage to the air chambers resulting from higher than the prescribed working pressure !!! Notice

We would like to warn boat users that before using the boat for the first time, it is necessary to read the User's Manual carefully and follow the instructions given in it. Above all, the boat must not be left unattended in the sun and the pressure in the rollers must be monitored (GUMOTEX/INNOVA coating, s.r.o. offers a manometer-pressure gauge for this purpose).


If the boat's cylinders break due to non-compliance with the instructions, the boat cannot be claimed!

3. Price

The price per product shall be identical to the current price stated on the Company’s website canoeboat.ca. or hike48.com. However, the Company hereby reserves the right to offer lower prices to the purchaser under certain conditions and at Company’s sole discretion. Company further reserves the right to amend and update its product prices and website without further notice to Purchaser.

4. Shipping Costs

Shipping costs and related fees shall be the sole responsibility of Purchaser, regardless of whether Company advances such costs on behalf of Purchaser for delivery purposes.

5. Payment

Purchaser hereby agrees to pay any product invoices or other charges as they become due and within any timeframe stated by Company. The company hereby reserves the right to charge reasonable interest or other late fees on any invoices which are past due, as well as fees related to the declined credit card or check transactions.


6. Website Prohibitions

Purchaser hereby agrees that Purchaser shall access and use Company’s website in a strictly lawful manner, and in accordance with these Terms. Further, Purchaser agrees not to do the following:


a) Gain access, or attempt to gain access, to any portion of the Company’s website or related sites, whether by electronic tampering or other illegitimate means;
b) Modify the information or materials located on the Company’s website or related sites;
c) Use Company website content for any public, non-personal or commercial use.

7. Intellectual Property 

All information, images, graphics, code, trademarks and service marks, logos and other content displayed on, or available via, Company’s website or related sites, is either the property of Company or used with permission from Company, and is protected by applicable intellectual property laws. Company hereby reserves and asserts its rights against any party which infringes upon its intellectual property, including Purchaser.

8. Website Disclaimer

The company does not warrant that its website and related sites are tamper-free and fully- functioning. Purchaser hereby agrees that Company is not liable to Purchaser for any errors or malfunctions associated with the Company’s website or related sites. Purchaser further agrees that Company is not liable for any viruses, malware, or other illegitimate programs that may infect Purchaser’s device by way of the Company’s website or related sites. Purchaser’s use of the Company’s website or related sites is at Purchaser’s own risk. 

9. Notices 

All Purchaser notices to Company shall be sent via email to the following Company email address:
[martin@cloud150.com]. Purchaser’s subject line shall appear substantially in this form: “WRITTEN NOTICE
FROM [PURCHASER NAME]” and shall provide detailed information and attachments relating to such notice.
The company shall provide a detailed response to any email notification within five (7) days of receipt.


10. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.


11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall CANOEBOAT.CA, HIKE48.com our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. INDEMNIFICATION

You agree to indemnify, defend and hold harmless CANOEBOAT.CA, HIKE48.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

13. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

14. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

15. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).


16. CHANGES TO TERMS OF SERVICE


You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

17. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at veronika@cloud150.com