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Terms and Conditions

Welcome to the Asian Kayak Store (AsianKayak.com) website page. Asian Kayak Store has a long and storied family tradition of providing great products, superior customer service and efficient order processing.  We strive to exceed our customer’s expectations and challenge ourselves to grow and learn in the business that we love and share with our customers. Below you will find our terms and conditions for use of this website.  Please review these terms and conditions before using this site.  Should you have any questions, please feel free to contact us at info@asiankayak.com.

The content of this site and all transactions are administered by Asian Kayak Store.  Use of this site constitutes your agreement and acceptance to these terms and conditions. Asian Kayak Store reserves the right to update and/or modify these terms and conditions without prior notice. We encourage all users to review these terms and conditions, and require all visitors confirm their understanding and agreement to the terms of use prior to any submitting any order for purchase from this site.

Copyrights and Trademarks
The copyright laws governing this site prohibit any copying, redistributing, retransmitting, republishing or repurposing of any copyright-protected material. You may download information from this site for your personal, non-commercial use, provided that you do not copy or redistribute it. If you wish to copy, redistribute, or republish information from this site, you must obtain written permission from Asian Kayak Store, which may include a fee for use of such information. We reserve the right to withhold permission for any reason. Designated trademarks and brands are the property of their respective owners. The use of any such copyrighted and registered trademark information included herein is specifically not authorized by Asian Kayak Store.  All trademarks, service marks and trade names of Asian Kayak Store used herein are trademarks or registered trademarks of Asian Kayak Store, respectively.

Typographical Errors
In the event that product information or pricing information is listed incorrectly due to a typographical error or error in information we have received from our suppliers, Asian Kayak Store shall not be held liable for the error and reserves the right to refuse or cancel the order.  Any such error shall also not be cause for waiver, cancellation, return or exchange by the customer.

Product Availability
All orders are subject to product availability. In the event you place an order with Asian Kayak Store through this website, by phone, or other means, and a product is out of stock, you will be notified and given the option to backorder or cancel your order before you are charged. While we strive to fill every order in a timely manner, product availability cannot be guaranteed and Asian Kayak Store shall not be held responsible for any losses, costs, damages, charges or expenses resulting from lack of product availability. We will endeavor to deliver all products within the times estimated but products are subject to availability and delay in delivery of goods is sometimes outside of our control. Any dates we specify for the delivery of products are approximate only and we shall not be liable for any losses, costs, damages, charges or expenses caused by any delay for delivery of the goods. Reasonable delays in the delivery of goods that are outside the control of Asian Kayak Store are not to be considered basis for waiver of the cancellation provision contained herein.

Are back order arrival dates guaranteed?
Back order arrival dates are provided by the manufacturers and are estimates only.  Estimated arrival and availability dates are subject to change without notice and are not guaranteed.

Incorrect, Invalid and Otherwise Undeliverable Addresses
You acknowledge and verify that the address(es) as provided with your order are valid physical street addresses which are accessible and deliverable by shipping courier.  Any shipment which is undeliverable, undelivered, or otherwise not capable of delivery because of an unknown address or incorrect address shall not constitute the waiver of any term, provision, or condition herein.  Any such undeliverable or undelivered shipment shall constitute an undeliverable shipment as defined herein and shall be subject to all fees and expenses provided herein.

Payment
Asian Kayak Store accepts PayPal and wire transfers.  Asian Kayak Store does not accept COD requests.

Free Shipping and Exceptions
Any order $130 and above will qualify for free standard ground shipping. We are not able to ship to Nigeria, Afrika at this time. Orders with excessive weight and/or volume of the shipping package may be subject to a freight surcharge. Examples of orders which might include additional shipping costs include any shipping location which requires air or water/ferry service for delivery. Please call our dealership at e-mail info@asiankayak.com if you think your order will be subject to additional shipping charges. We can confirm whether your order will be subject to additional freight and, if so, the amount of the additional freight.
Free shipping includes standard ground or freight, depending on the product. Standard Ground shipping will deliver to a residential or commerical entry door. Standard Freight will deliver to the address - whether a driveway or street-side. Standard Freight DOES NOT include a lift gate service or delivery to an entry door. The lift gate service may be purchased at check out.
We will contact you before your order ships in the event your order is subject to additional freight charges. You will have the option to either pay the additional freight or cancel your order – in either case, you will need to email your confirmation so that we can release your order for shipping, or cancellation, as the case may be. Your order invoice will be corrected to show the appropriate cost of freight.

Freight and Shipping Damage
Freight and shipping damage shall be reported to Asian Kayak Store within three (3) calendar days of receipt of goods.  It is the purchaser/customer responsibility to note any damage before signing the delivery receipt.  If damage has occurred to the order items, purchaser shall make note of such before signing for delivery.  Customer shall not refuse delivery of the order items based on damage.  In the event of shipping or freight damage, customer shall keep and safeguard all factory packaging, including, but not limited to, all external packaging, all internal styrofoam, bubble wrap, and cardboard supports.  In the event a product was damaged during shipment and proper and timely notification was given to Asian Kayak Store, Asian Kayak Store will file a damage claim with the carrier.  Damage or loss of goods that are outside the control of Asian Kayak Store is not to be considered basis for waiver of the cancellation and refused shipments provision contained herein.

Cancellations / Refused or Undeliverable Shipments
This section applies ONLY to all purchases that have been processed but have not yet been received by the purchaser. If delivery of goods has occurred, see the “PRODUCT EXCHANGES & RETURNS” section below. All purchase cancellations will require cancellation request in writing via email or fax.  Any order for which the account of the purchaser has been charged (specifically at the point the Asian Kayak Store charge is settled - and regardless of when the charge actually posts to the purchasers account) is deemed to have been processed for purposes of this section and this website.   If your purchase has already been processed, a restocking fee will be assessed.  All parts will be assessed a 25% restocking fee. If an order has shipped, all freight charges (including the original freight charges AND the freight charges to return the product(s) to Asian Kayak Store) will also be the sole responsibility of the purchaser and will be deducted from any credit issued.  For all refused or undeliverable shipments, a 25% restocking fee will be assessed in addition to all costs of freight, including, but not limited to, the cost of storage assessed to Asian Kayak Store by the appropriate freight company used to ship the merchandise.

Product Exchanges and Returns
Eligible products shall be returned within 10 calendar days from receipt of goods. Products eligible for return are all products except those specifically excluded below. Product exchanges and returns must be requested in writing via email or fax. You will be provided with an exchange/return authorization number that must accompany the return. If your purchase has already been processed, a restocking fee will be assessed. Excluded products - the following items cannot be returned or exchanged for any reason: outboard engines, generators, propellers, kayaks, boats, electrical items or components (anything requiring any amount of voltage for operation), service manuals, owners manuals, parts with any open or missing packaging.  All other purchases which do qualify for return or exchange are subject to a 25% restocking fee. If an order has been shipped all freight charges both to purchaser’s requested destination and return to the Asian Kayak Store origin shipping location will be the sole responsibility of the purchaser and will be deducted from any credit to be issued.  Asian Kayak Store is able to assist in the issuance of return call tags for exchanges and returns, however, freight charges will be the sole responsibility of the purchaser. Please allow three (3) business days for your exchange/return to be processed once it has arrived at our warehouse. No goods will be accepted for exchange or return, nor any refund granted, without a valid exchange/return merchandise authorization number (RMA) issued by Asian Kayak Store prior to the return of the products to Asian Kayak Store.

Product Warranties and Warranty Cure Procedure
All products sold by Asian Kayak Store via this website or otherwise, carry a full manufacturer’s warranty, unless otherwise stated. These product warranties are provided solely by the manufacturer and Asian Kayak Store does not and will not warrant any products sold via this website or otherwise. Product warranties are provided by, backed, and administered by the manufacturer of the product(s) only. Product warranty obligations are set forth and are limited to those found in printed warranty literature included with the product(s) and/or as provided on the manufacturers’ websites. Defective products shall be addressed via the applicable manufacturer’s warranty policy associated with that product. Any claim of a defective or otherwise unsuitable product specifically is not considered basis for waiver of the cancellation, refused, exchange or return provision contained herein.

Outboard and trolling motor engines are repaired through a network of authorized dealers located throughout your country. Purchaser should familiarize themselves with the manufacturers dealer network and identify their closest authorized service center before submitting any order. Outboard warranties require purchaser to transport the outboard to an authorized dealer for inspection and/or repair under the terms of the manufacturer’s warranty. Transportation costs are not covered by any warranty, unless otherwise stated. Asian Kayak Store disclaims all other warranties, express, implied or statutory, including the warranties of merchantability or fitness for a particular purpose.

General Use of Website
Harassment in any manner, including via e-mail, telephone contact or by obscene or abusive language is strictly forbidden. Solicitation of any type and in any manner is forbidden. Impersonation of others, including a Asian Kayak Store or other licensed employee, host, contractor, agent, or representative as well as other members or visitors on the website is strictly prohibited. You may not upload to, distribute, or otherwise publish through the web site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the web site or use the website to solicit others to join or become members of any other commercial online service or other organization.

Third-Party Links
In an attempt to provide increased value to our users, Asian Kayak Store may choose to provide content that offers various third-party website links throughout this website. However, even if the third-party is affiliated with Asian Kayak Store, Asian Kayak Store has no control over these linked websites, which each have separate privacy and data collection practices, independent of Asian Kayak Store. Asian Kayak Store, has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked websites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of website content and the links placed upon this site and therefore we request feedback on not only this website, but also for websites we link to (including any specific link that does not work).

Disclaimer
This website and the material and products in this website are provided “AS IS” or “AS AVAILABLE” basis and without warranties of any kind, whether express or implied.  To the fullest extent permissible pursuant to applicable law, Asian Kayak Store disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.  Asian Kayak Store does not represent or warrant that the functions contained in the website will be uninterrupted or free of error, that defects will be corrected, or that website or host servers are free of viruses or other harmful components. Asian Kayak Store does not make any warranties or representations with regard to use of the materials in this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.

Term and Termination
These terms and conditions are applicable to you upon your accessing the web site and/or completing a purchase transaction. These terms and conditions, or any of portion of them, may be terminated by Asian Kayak Store without notice at any time and for any reason. The provisions relating to Copyrights & Trademarks, Disclaimer, Limitation of Liability, and Indemnification, shall survive any termination.

Limitation of Liability
Asian Kayak Store shall not be held liable for any special or consequential damages without limit, whether pecuniary or otherwise,  that result from the use of, or the inability to use, the material on this website or the performance of the products, even if Asian Kayak Store has been advised of the possibility of such damages.

Governing Law
The content of this site and purchase transactions are administered by Asian Kayak Store, with operations based in International law. This agreement and any purchase transactions arising from the use of this website shall be governed in accordance with the laws of the each country based. You agree to submit to the jurisdiction for any dispute, claim or cause of action involving the content of this website or any purchase transaction arising from the use of this website.


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