Terms of Sale
The following Terms of Sale ("Terms") govern the relationship between you and Apex Sport (Apex), and once concluded, form a legally binding contract in relation to your purchase of a Apex Sport sporting product and any associated accessories whether packaged with the product or sold separately (together referred to as the "Product"). "Apex Sport" means Point76 Inc, doing business as Apex Sport., an Ontario corporation whose principal place of business is at 1232 Northside Road, Burlington, Ontario Canada, L7R4E2.
To place an order for the Product, you must first agree to these Terms by checking the box indicating your acceptance of these Terms. By checking the box, you agree that these Terms apply to your order, so please read these Terms carefully. Your order represents an offer to purchase the Product from Apex Sport, which is accepted by Apex Sport upon shipment of the Product, as explained below.
Ordering Product; No Commercial Resale
By placing an order for a Product, you are making an offer to purchase the Product from Apex Sport. After you place an order for a Product, you will receive an email confirming receipt of the order and containing order details. Any email confirmation from Apex Sport acknowledging receipt of your order is simply an acknowledgement that your order has been received by Apex Sport and does not indicate acceptance of your order. Please note that Apex Sport reserves the right to reject your offer to purchase the Product.
Apex's shipment of the Product will constitute Apex's acceptance of your offer to purchase the Product. Any delivery dates provided by Apex Sport or a delivery agent in an email confirming shipment are estimates only and are not guaranteed.
You agree that Apex Sport will authorize the credit card, or other payment method specified by you in the amount of your order at the time the order is placed. You authorize Apex Sport to charge the credit card, debit card or other payment method specified by you in the amount of your order at the time the order is shipped. All prices on the website are displayed in Canadian dollars. If you are making a purchase with a credit card issued in another currency, you agree that the amount charged to your credit card is subject to change due to currency fluctuations between the time you place your order and the time your credit card is charged. Apex Sport will have no liability for any claim arising from such currency fluctuations or any additional fees charged by your credit card issuer.
You agree that you will not engage in any commercial resale of Apex Sport products ordered from this site.
Apex Sport tries to ensure that all Product product information and prices appearing on the website are correct at the time you place your order, however, Apex Sport is not responsible for any errors. If an error has been discovered in the price of the Product you have ordered, we will inform you as soon as reasonably possible, and you will be given the option of re-confirming your order at the correct price or cancelling your order.
Sales Tax; Shipping and Handling
If the Product is shipped to you in the Çanada, you may be charged sales tax depending on the address to which the Product is delivered. There is an additional charge for shipping and handling, unless indicated at the time of ordering that you have qualified for free shipping.
If the Product is shipped to you outside of Canada, you may be subject to taxes, customs duties and fees levied by the destination country ("Import Charges"). You agree to be the importer of record in the destination country and that you are responsible for all Import Charges. By placing your order, you authorize Apex Sport and/or the Product manufacturer to designate a courier to clear the Product through Customs and pay the Import Charges on your behalf. You agree that the courier will charge you separately for the payment of these Import Charges. You agree that any Customs Declarations will be made in your name and on your behalf by the designated courier.
Shipping and Handling fees are subject to change due to fluctuation in shipping fees charged by Apex's shipping agents. In such case where Shipping and Handling fees exceed that which has been authorized by you as part of this transaction, you will be notified by email and offered the opportunity to void the transaction or proceed with the transaction with the revised shipping fee. Should you elect to void the transaction, any fees paid by you will be refunded.
Return/Refund Policy; Right of Cancellation
If within fourteen days of the date of shipment of your Product, you are dissatisfied for any reason, you may return it for refund or credit in accordance with the following requirements:
Product must be unused and show no signs of use including binding installation.
All such returns require a Return Authorization (RA) number. To obtain an RA number and information on our RA process, please call 416-551-4714 or 1-888-552-4714 or use the contact form. An RA must be requested within fourteen (14) days of product shipment and all products and accessories must be returned to Apex within ten (10) days of receipt of the RA number.
You must follow the return procedures provided to you by Apex, you must return the product in original or equivalent packaging with all original accessories and hardware. You are responsible for risk of loss and damage during return and you must pay return shipping charges. Returns made without an RA number will be refused.
Upon receipt of the returned Product, Apex will inspect the product to be certain all parts are included and that the product is unused. At Apex's discretion, credit or refund may be less than invoice or component prices due to bundled or promotional pricing. Apex does not refund original shipping, handling and other charges accrued at time of original purchase. If you received a free promotional item on condition of purchase of a returned item, you must return the promotional item or you will be charged for it.
Custom-configured products, close-out products, seconds and refurbished products may NOT be returned; all sales are final.
Products that were not successfully delivered to you will be returned to Apex Sport and Apex Sport will issue a refund to the credit card or other payment method originally charged for the order.
Nothing within these Terms affects your rights under law.
Warranties; Disclaimer of Warranties
Apex Sport provides telephone and e-mail support for questions regarding Existing Orders and Technical Support for the Product for a period of ninety (90) days after the date of your order.
Please refer to http://www.apexpaddles.com/warranty.html or the warranty card in the Product package for details on the Apex Limited Warranty terms and how to make a claim under the Apex Limited Warranty. You are entitled to a one-year warranty for parts, labor, and service. These warranties are in addition to and do not affect your legal rights as a consumer. The warranty is not transferrable and is applicable to the original purchaser only. The warranty is only applicable if the Product was purchased from Apex or an authorized reseller.
OTHER THAN THE ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APEX SPORT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY DEVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APEX SPRT AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, "APEX PARTIES") SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE PRODCT OR THESE TERMS, WHETHER OR NOT APEX PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APEX PARTIES' TOTAL LIABILITY IN CONNECTION WITH THE DEVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO APEX SPORT UNDER THESE TERMS.
General Legal Terms
Governing Law; Jurisdiction. These Terms and your relationship with Apex Sport under these Terms shall be governed by the laws of the Province of Ontario without regard to its conflict of laws provisions. You and Apex Sport agree to submit to the exclusive jurisdiction of the courts located within the County of Halton, Province of Ontario, to resolve any legal matter arising from these Terms. Notwithstanding this, you agree that Apex Sport shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Certain laws of the jurisdiction in which you reside may confer rights and remedies and imply terms into these Terms that cannot be excluded. Those rights, remedies, and implied terms are not excluded by these Terms. To the extent that the relevant laws permit Apex Sport to limit their operation, Apex's liability under those laws will be limited at its option, to the cost of replacing the goods, acquiring the equivalent goods or having the goods repaired.
Changes to the Terms. The Terms in effect at the time you place an order for the Product will apply to such order. Apex Sport reserves the right to make changes to these Terms from time to time, and any such changes will apply to future orders. Notwithstanding the foregoing, you agree that Apex Sport may change these Terms applicable to an order to the extent such change is required by law or government authority.
No Assignment. You may not assign the benefit of these Terms or otherwise subcontract or transfer any of your rights or obligations hereunder, without the prior written approval of Apex Sport. Apex Sport may assign the benefit or otherwise sub-contract or transfer its rights and obligations hereunder, to any third party without notice to your consent.
Events Beyond Apex's Reasonable Control. Apex Sport will not be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond Google's reasonable control, including but not limited to, strikes, labor disputes, regulations or orders of governmental authorities, civil disorder, disasters, acts of war, acts of God, fires, flood or other emergency conditions.
No Waiver. You agree that if Apex Sport does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Apex Sport has the benefit of under any applicable law), this will not be taken to be a waiver of Apex's rights and that those rights or remedies will still be available to Apex Sport.
Severability. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
Entire Agreement. These Terms constitute the entire legal agreement between you and Apex Sport and govern your purchase of the Product and completely replaces any prior agreements between you and Apex Sport in relation to your purchase of the Product.