Purchase Info & Store Policies
Last Updated: May 28, 2018
TERMS AND CONDITIONS
In order to purchase goods and services from us it is your sole responsibility to read, understand and accept all store policies and terms and conditions. Making a purchase with us regardless if it is done through or online store or by other methods, assumes you have read and understand and accept all these store policies, terms and conditions. These store policies and terms and conditions may change from time to time and without notice at our sole discretion.
Below are itemized all store policies and terms and conditions, information and other parameters, policies and procedures you need to buy products from us.
Mystic Point Water Sports and MysticPointWaterSports.com is owned and operated by Mystic Point Technology Solutions Inc. This agreement is between you the customer and Mystic Point Technology Solutions Inc.
PURCHASE POLICY
The nature of our business.
We carry products that are sourced from companies all over the world. Some of these products are considered “high end” or of “high cost” in nature many of which are made to order and shipped to you from their facility. The nature of our business, the suppliers we deal with and the products we sell dictates that we operate with certain policies and procedures some of which may be similar to some degree to buying an item such as a car or motorcycle.
Product Information.
We are not responsible for any claims made about a product’s specifications or how a product operates and performs. This information is provided to us by our suppliers and we cannot test and validate their claims and therefore are not responsible for their claims.
We strive to deal with reputable manufacturers and believe that they have taken appropriate measures to ensure the accuracy of the information they convey, however, product performance can vary greatly based on a number of circumstances, factors and conditions. For example, the life of a battery or the speed of a boat may be provided by a manufacturer but your usage statistics may be significantly different. Or a boat may appear a certain color in an image but the shade of that color looks different when you receive it. Purchasing from us means that you acknowledge and agree that products may not be exactly as described or shown in pictures or perform exactly as advertised and do not hold us liable or responsible for any information stated or claims made.
We will take every reasonable effort to provide you with the best and most accurate information available but sometimes circumstances are beyond our control or you may interpret the information differently than what was intended. As the consumer it is ultimately your responsibility to conduct your research and be sure of what you are buying.
We are passionate about what we do and diligent in researching our products and want you to have a great purchasing and usage experience so we will provide any advice, guidance, information or other tips afforded by our expertise and experience in the areas we deal in to help you with your research. Wherever possible we will contact manufacturers or strive to get you answers to your questions but as always, while we take reasonable measures to ensure accuracy, we are not responsible for any mistakes made or misinformation provided or given.
Sometimes products change slightly in either appearance or characteristics or otherwise from the images and information provided to us resulting in the product you receiving not being 100% exactly like the images shown.
Making Purchases and Processing Orders.
Purchases can be made either through our secure on-line store or by contacting us directly. To make purchases through our online store simply add items to the shopping cart and process payment as you would any other online store. We maintain the right to refuse orders and purchases at our sole discretion and for any reason whatsoever. If an order is refused you will be issued a full refund.
We offer several forms of payment and use several highly reputable payment processing partners and financial institutions securely integrated into our online store. We require payment in full in order to process your order. We also require your payment to clear with our payment processors in order to process and finalize your order. Payment processing and clearing times vary depending on which payment type and which payment processor you choose.
At the time of writing we offer credit card processing through Stripe and Paypal. Credit card payments made through Strip take approximately 7 days to process and clear which will subsequently delay your order by approximately 7 days. Credit card payments made through Paypal takes about 3 days for the same to happen. We encourage customers to use their credit card through PayPal to take advantage of the shorter processing times so orders can be received sooner but this is solely at the discretion of the customer.
None of the payment methods and processors listed on our site should charge any fees to use this service. All processing fees are charged to us. If a fee is charged please let us know before you make any purchase.
At checkout you must complete all the fields pertaining to billing and shipping information. Providing a phone number is required by the shipping companies we partner with.
You must fill out all information accurately. Incorrect or inconsistent information may be flagged by our payment processors and cause additional delays in processing your order.
Once an order is placed you will be contacted via email within a few days and advised of product availability, estimated delivery dates and applicable shipping and handling charges if any. Delivery dates are estimates only and delays are beyond our control. If you do not agree to these estimated delivery dates and the possibility that shipments can be significantly delayed and to shipping and handling costs your order will be cancelled and you will be issued a full refund. If you do not respond to us within 5 business days your order will be cancelled and you will be issued a full refund. It may take a few days for your refund to be processed and visible to you.
You can also contact us before placing your order to be advised of product availability and any applicable shipping and handling costs however this information is time sensitive and only valid for 3 days. If you do not place your order within 3 days availability and shipping costs may change.
If you do agree to the Shipping and Handling Charges then we will provide a link to an item on the web site that you can process and pay for that will represent the Shipping and Handling charges for your order.
In order to proceed with your order our payment processing partners sometime we require additional anti-fraud measures to be taken and therefore the following requirements might also apply. For orders under $750.00 total including taxes we may ask for confirmation via email that you would like to proceed or to send us back a signed copy of the invoice. For orders over $750.00 including taxes we may ask for a scanned or photographed official government photo ID in addition to a scanned copy of the invoice with your signature to be sent back to us as confirmation that you would like to proceed with your order. Failure to comply with these requests will result in your order being cancelled and a refund minus a 5% administrative handling fee will be issued.
Once we receive your go ahead via the above requested items and once your payment has been processed and cleared in full, your order will be considered finalized and we will begin our order fulfillment process by contacting our suppliers and/or arranging for your goods to be delivered to you.
At this point, once your order is finalized we will not issue returns or refunds for any reason including if the product takes significantly longer to arrive than was estimated (please see our return or refund policy for more information). This is because at this stage we typically then make payment to our suppliers for your product and due to the specialized nature of our products and the agreements we have in place with our suppliers and the costs associated with placing orders and shipping them, refunds are simply not possible. Delays in particular are completely out of our control and may arise from any source including but not limited to Customs, manufacturer or other shipping delays. Refunds will not be issued from products that take significantly longer to arrive than was originally estimated.
Orders may also be placed by contacting us directly. This is often done for large orders or orders with a high degree of customization or orders in which a customer wishes to pay via cheque, cash or some form of bank transfer. Paying via Cheque, cash or bank transfers can on some occasions allow us to provide a slight discount as we are saved from the fees associated with processing orders through our inline store. If you wish to pursue this method of ordering simply contact us and we will prepare an invoice or quotation that is good for 3 days from the date of issue. Payment must be made in full within 3 days unless otherwise agreed to by us. All terms, conditions and policies from purchasing goods in our online store apply to purchasing goods by directly contacting us. Unfortunately payment by bank transfer via our online store is not subject to the same discount which may be offered when ordering and paying by contacting us directly. In addition, you r bank may charge a small fee to pay via bank or wire transfer that is the sole responsibility of the customer but should still be far less than any savings or discount offered.
For Domestic/Canadian orders, any costs associated with importing products, including but not limited to customs and duties, are included in either the cost of the good or in the cost of Shipping & Handling. You will not be required to pay for customs or duties unless by special circumstance that has been arranged and approved by you before the order is finalized. Unless this special arrangement is made, all duties and customs are our express responsibility.
If a Shipping company or delivery driver asks for payment of any kind, including but not limited to Customs, duties, taxes and delivery charges, you must refuse the shipment and notify us immediately. We will resolve the issue and arrange for the product to be re-delivered to you without any additional fees or charges.
If you make payment of any kind to Shipping companies or delivery drivers we will not be able to resolve the situation and will not be able to reimburse you and tany payments made will become your sole responsibility. Therefore, it is vital that you do not make any payments of any kind to any 3rd party. Once your order is processed and finalized by us it will be considered paid in full and you will not be asked to make any additional payments.
However, should the supplier attempt to charge us more for your product after your payment has been processed and before our payment to them has been made or if any other extenuating circumstance happens in that time frame such as a dramatic change to Foreign exchange rates or if the factory no longer can supply the product then we will attempt to find a solution with you o cancel your order and refund your money in full provided no payments have been made to the manufacturer or are unrecoverable by us.
To purchase a service such as kiteboarding lessons rather than a physical product, whether online or by contacting us directly, you may, at our sole discretion, be asked to either pay a deposit or to pay in full before the service can be booked or rendered. Refunds for deposits or payments of services are subject to our refund and return policy.
Pricing.
Pricing is subject to many factors that include but are not limited to changes in Foreign Currency Exchange Rates, Changes in prices and fees charged by our partners and suppliers and more. Because of these factors and others we reserve the right to change our prices at any time. We do not offer a price protection policy of any kind. If you purchased a product and a month later it is much lower we will not be able to reimburse the difference.
However to try and achieve greater comfort around this we are moving away from “sales” and a “shipping included” business model. This way you can purchase in confidence knowing a product is not likely to go on sale a month after you purchased it. By not including shipping those who would pay less for shipping will no longer subsidize those that would pay more for shipping and feel this is a fairer way to conduct business. While extenuating circumstances may at some point persuade us to have a sale or negotiate better discounts our goal is to try and be as fair as possible and leave customers feeling satisfied with their purchasing experience.
We attempt to price our products extremely competitively and in many cases are less expensive than anywhere else in the world. However when you look at prices in other countries they may appear to be higher. This is due to a number of factors such as local taxes and more. Since our products are “expensive” and portable in “nature” customers may sometimes consider the possibility of purchasing directly from another country however this may be in violation of agreements with manufacturers. We invest heavily to act as the exclusive partner, dealer, importer or distributor for many of the products we see either at a Canada wide level or at a local regional level.
Purchasing these products outside of Canada will result in a much higher price than what we sell them for when you factor in taxes, duties and other factors that affect costs as well as may be in violation of these exclusivity contracts and result in warranty invalidation. Therefore for the best price, service, support and total experience we encourage you to shop locally.
Products with $0.00 pricing or zero price or no price does not refer to the item being free but rather that we have not had a chance to update the price or that this product requires you to call for pricing. Unfortunately our online store software system does not allow us to put "Call For Price" or anything similar so this is the best we can do.
Price Matching - if you find a cheaper price anywhere else contact us for a competitive bid and we will most likely be able to beat it.
Price Errors or Info Errors & Typos - Unfortunately we make mistakes from time to time and post the wrong price on our site or in our marketing materials or pricing may have changed any your marketing material may not specify an expiry date. In these circumstances and others where the price is incorrect we will see if we can honor the price but this is not a guarantee and will not always be the case. If a mistake is big enough we simply cannot sell things below cost and In most incidents we will apologize and fix the mistake right away and see if we can meet halfway or the corrected price will stand. In some cases the customer will have purchased a product where the price was mistakenly higher. In this circumstance we will try and refund the overcharged amount provided it was discovered within a reasonable time frame and it was in fact due to a pricing mistake and not a change in price. Our goal is to be as accurate as possible and wherever possible make the customer happy without sacrificing the viability of our business. We do not ever engage in or have any intentions to engage in unethical, illegal, illegitimate or otherwise nefarious pricing tactics. We will never "bait and switch" or advertise a lower price and then say there is no stock or other unscrupulous strategy to draw customers in that we have seen other businesses do. Our goal is to be as accurate, reasonable and fair as possible, if an error has occurred it is a genuine mistake and we will fix it without any harm and hope you understand and continue to shop with us or shop elsewhere as is your right to do so.
Sales - We are trying to move away from Sales. That way you don't have to worry that the product you bought is a lot cheaper a week after you bought it. But sometimes sales may be necessary to clear old inventory or compete with others or as part of a unified strategy with our suppliers in which we may be contractually obligated to offer the same sale. In this case will not be able to offer reimbursements or refund the difference. We also cannot say if a sale is coming up on a particular product you are looking to buy and apologize in advance if this causes any concern. But these are some of the reasons why, if we could, we would not ever have a "sale" but if we ever do we hope you understand that we cannot reimburse or refund the difference. Most of the time we had to pay more for the product as well and can not be reimbursed form our suppliers for the difference either or we did not know a sale was going to happen either.
Discounts and coupon codes. We do offer some discounts in special circumstances or coupon codes ( military or school discounts come to mind) but these are few and on a special case basis. We will not be able to price match in these circumstances. These codes and discounts also have an expiry date and change over time. As always we want to move to a more fair pricing model so you never have to worry that you over paid for a product.
Loyalty and Referral Rewards
Sometimes we may offer discounts or coupon codes to loyal and repeat customers but we are trying to minimize this as it may suggest there price is not the lowest possible ...we want to make you feel that our prices are always the best so whenever you buy you feel re-assured.
If you refer our products or services to someone and they buy mentioning you as a referrer we will definitely look to reward you in a way commensurate to your referral. This is done on a case by case basis and may take the form of a Visa gift card, a store credit, free swag or accessories or something else. it's not a guarantee but we want to do right by the customers that do right by us. We are lucky that we have great customers who tend to show off their boats and other products which can lead to additional sales for us and so we want to show our appreciation in some way as long as it doesn't compromise our ability to keep prices low and stay competitive and viable.
Rain Checks or Out of Stock Items
Due to the nature of our business, we do not offer rain checks for out of stock items. Before an order is finalized we will advise of availability and estimated shipping dates for you to determine if you would like to proceed with the order.
Deposits or Financing
We currently do not offer deposits or financing or other forms of payment plans unless specifically agreed to on a case by case basis.
Currency
All prices and fees are quoted in Canadian dollars and must be paid for in Canadian currency.
Taxes
We observe all laws and regulations with respect to the payment and collection of taxes. All Canadian orders will either be charged the normal taxes that apply to the province, region or territory where the goods are being shipped to or will be charged the minimum Ontario tax which is currently 13% HST. Your taxes will be calculated at time of check out. Taxes will also apply Shipping and Handling.
Warranty
Every product we carry comes with a warranty from the manufacturer against manufacturing defects. This warranty does not cover regular wear and tear, misuse, commercial use, abuse or neglect. Warranty periods, coverage and claims procedures differ from product to product and in some cases must be made through the manufacturer while in other cases must be made through us. Claims will require participation and evidence on the part of the customer which may include photos and other documentation of the issues encountered. You may also be required to ship products to us or to the manufacturer to be evaluated before a warranty claim is approved. In some cases the manufacturer may cover the cost of shipping for approved warranty claims and in some cases they may not and the consumer will be required to participate or pay the costs of shipping. We do not provide any warranties of any kind for any product or service but if possible and applicable we will assist in getting your issue resolved in the most satisfactory manner possible.
It is the responsibility of the customer to ask or confirm the warranty period and coverage of each item purchased.
Used or Demo Items
We may from time to time offer used or demo goods for purchase. We may also sell items on consignment or on behalf of a customer. Warranty on any of these aforementioned items may be eligible and current or expired, voided or inapplicable and should be determined on a case by case basis by the customer upon request. All sales of used or demo items are considered final sale.
Shipping and Handling Policy
Our Shipping and Handling Policy includes all the information described throughout this web page including what is listed here. Shipping and Handling may also be referred to as S&H or just Shipping or just handling. In reality there is no such thing as "free shipping" as these costs are built into the price of a product. Therefore wherever you may see the term free shipping on our website or online store it refers to the fact that the price included this service. Furthermore, shipping does not refer to the act of transporting a product or just the cost related to transporting a product. Shipping, or S&H or Shipping and Handling refers to all all aspects related to the fulfillment of customer orders such as logistics, preparing, packaging, packing, transporting, delivery, customs clearance, packaging material, fuel and other fees and surcharges and more. The transport of a good is only a component of the total S&H charge. As required by law, we charge taxes, GST or HST on S&H.
As a business we are moving away from "free Shipping" or "Shipping & Handling Included". What we have found is this over inflates the price of our goods to cover a number of contingencies and results in higher consumer prices overall. Our goal is to make prices as low, competitive and fair as possible. Also, by including shipping in the price we found that customers who would have paid lower for shipping end up subsidizing the product for customers that pay more for shipping so by charging S&H based on each order and to each customer we feel it delivers the most accurate, fair and competitive pricing model.
In the coming days and weeks we will be modifying all our products to remove any references to shipping in their product description. That way should our policy change in the future we do not have to go back and re-modify all items. If a product does not specify free shipping or shipping included then the default store policy is that S&H is extra. As of June 1st, 2018 ... all products will be charged a separate S&H even if their store description says S&H is included ... This is because we must have missed that product or some other mistake was made ... however the products price will also be adjusted accordingly once the error is discovered. As always you can cancel your order at this time for a full refund if you do not agree to the corrected price and quoted S&H price.
As mentioned elsewhere on this page S&H will be calculated as either by contacting us before your order or after your order is placed. If you do not agree to the S&H charges you will receive a full refund. S&H will be higher than expected as we deal in large, heavy and expensive items from international sources and may include other fees and costs associated to order fulfillment. Many of our suppliers ship via air which also adds to the costs. Wherever applicable we will try and present a couple of shipping options such as premium air based versus ground or sea based, but these often effect delivery times greatly.
Because we use different suppliers your order may have S&H charges that are aggregated from multiple sources or suppliers. We try and ship as little product from us directly and ship as much as possible from our suppliers to keep consumers prices as low as possible.
Because S&H maybe include administrative or logistical fees pertaining to duties and more, you may find that depending on the manufacturer or country of origin S&H may be inordinately high. This is no different than if you ordered a product directly from a supplier in another country and are quoted a shipping charge and then when it is delivered are asked to pay a huge customs and duty charge. The difference with us is we are transparent and include all of these charges in the Shipping charge so you do not receive any surprises and once your order is finalized you will not be asked to pay anything else.
We have found a disturbing trend with shipping companies whereby the driver or other agents from their organization ignore the customs information and contact the recipient directly asking for customs payment. Customs and duties are arranged by us and as is said elsewhere on this page you must not make any additional customs or duties payments. Contact us and we will resolve the issue. If the product arrives at your door with a driver looking for payment simply ignore the shipment and contact us. We will resolve the issue and have it redelivered to you free and clear of any additional charges. Failure to do so could result in you paying charges that we can neither reimburse or get back in which case the sole responsibility would then be yours. We don't want that to happen ... we go to great lengths to prevent this and resolve this on your behalf.
Whenever we investigate this situation we have found no end to the stories for what caused the fiasco but ultimately our suspicion is that the shipping companies may be trying to charge for their own customs brokerage services and bypass any pre-arranged processes as a way to maximize revenue. But this is only a theory to which we can only speculate.
When shipment arrives it is important to take photos immediately in case there are damages or there are any missing pieces. These photos will be used as evidence to have the products repaired or replaced or missing goods delivered. Many times the boxes may be damaged during shipment but the contents within are fine... in fact at point of writing we have never had a product be delivered damaged, but nonetheless it is important to take photos if the external packaging appears damaged. If you refuse a shipment based on damage we may not be able to resolve the issue so you should receive it and document and photograph all damage.
Most manufacturers do not ship with insurance as it adds significant cost to S&H charges. Therefore photographing may be the only way to recover damages.
We may be able to arrange goods to be delivered to a pickup location rather than you home. Please advise us if alternate shipping arrangements or custom shipping arrangements are to be made and we will do our best to accommodate.
Shipped goods are much heavier than their unpackaged counterparts so please be aware and exercise appropriate care and caution. Use two people to life and use dollies to move around.
Due to the high cost of S&H we encourage you to purchase any accessories you may enjoy at the same time as your initial boat purchase or in general the more you buy together the more you will save on S&H.
It is a sad fact of life that delivery time on the actual day of shipping vary greatly. be aware that this is the case and is beyond our control.
While we do not offer a pickup service that is free of S&H charges and virtually all of our products will have a S&H component we may from time to time be able to combine shipments or use other strategies to greatly reduce the cost of S&H or provide lower charges. The point here is to contact us and we will do our best to get you the best rates and the lowest fee for S&H.
Refund and Return Policy
Due to the nature of our business we do not offer returns or refunds so it is important to be sure before you buy. We encourage you to conduct your own research and make sure this is a product or service you want. We do not intentionally mis-represent in any way but due to the nature of the products we carry and the manufacturers we deal with and the differences in usage from case to case they may not perform as you expected them to. For example a kite may have a slightly higher or lower wind range than what you were expecting. Or a Sailboat may perform different than other boats you have sailed, etc... This is the nature of buying sporting type products without trying them. We encourage you to do your research and make sure this is a product you want to buy before you purchase. You cannot buy to try. Once your order is finalized and your payment processed we do not offer returns.
We will however provide honest feedback on the products we carry to the best of our knowledge, ability, expertise and experience to help you make an informed decision, however everyone and every situation is different and what we may like, you may not. Also our experience and skill level may differ from your own so a product that performs a certain way for us may not perform the same way for you. We try and offer demos from time to time on select products so you may try before you buy. Demos are subject to a variety of conditions including availability, time and in some cases cost.
Rentals, Demos and Try Before You Buy and Post Purchase Orientation.
On occasion we schedule demo events that are open to the public to try our products or services. Sometimes these will be free and sometimes we may charge a fee. We also may schedule 1 to 1 demonstration of a product either before you buy or as an orientation covering topics such as setup and usage after you buy. We also may provide products for use over a period of time either as a demo or as a rental. Contact us to inquire about scheduling or cost if any for any of these services.
Foreign Orders.
Foreign orders are those that are billed to and shipped to an address outside of Canada. While we are a Canadian business we may be able to process foreign orders provided that there is no violation of agreements with our suppliers or that we receive special permission from the manufacturer on a case by case basis to do so. Foreign orders have the benefit of being exempt of Canadian taxes and may also likely be exempt of local sales tax as well. Also they may pay less for shipping and take advantage of favorable exchange rates by shopping in Canadian dollars. However duties, import fees, customs and other taxes and fees specific to foreign customers may or may not apply. These fees are the specific and sole responsibility of the customer. We do not know what these fees are and will not be able to provide an estimate but we may be able to offer some advice based on what we learned in past sales to foreign countries, however we are not liable for any of the information or advice we convey with regards to this. Ultimately the customer is responsible to determine what these are and to make all necessary payments and arrangements. Goods may also be held at the courier or a clearance center or point of entry until any such fees are paid by the customer. This is at the sole discretion of the customer and unfortunately there may be nothing we can do to help in this situation.
In some situations goods are shipped from suppliers within the same country as the customer. This has the benefit of being exempt of Canadian taxes, customs and duties and reduced costs of shipping and handling resulting in significant savings for a customer.
Pick Up Orders and Special Deliveries
As we do not currently have a “brick and mortar” location, we sometimes provide a "pickup" at a local beach, park or other location where we may provide a demo of assembly or usage of your product such as sail boat. This will still be considered as "Shipping and Handling" and may have a fee associated with it. Shipping and Handling applies to virtually all of our products sold at this point in time but as always you will be given a quote to approve any such fees and charges before your order is finalized. This "pickup" or assembly and usage demo session is considered post finalization and the goods are your property at this point. We may also perform this service for orders that were shipped directly to you.
Assembly and Setup Times
Some of the products we sell may require assembly or setup prior to each use. Assembly times vary dramatically from person to person and tend to improve significantly over time and with subsequent use. Assembly time is also affected by the use of electric versus manual pumps or other aides and shortcuts. We post videos on our site showing assembly of some of the unique and innovative products we carry such as portable sailboats. Other products such as kites have assembly and setup times that are within industry norms. Initial assembly attempts will take significantly longer than anticipated but over time will improve dramatically. We do not make false claims of assembly times and the times we advertise and promote are manufacturer derived and not validated by us. Refunds will not be issued if you feel assembly times are not as advertised. Some products require tools for assembly that may not be included in the shipment. We do our best to advise if this is the case.
Care and Maintenance.
Our products get used for outdoor sports and adventures and as such are subject to normal wear and tear. To maximize the life and performance of your product please refer to the owner’s manuals and take proper care to dry, maintain, protect and store your products when not in use. We are not responsible for damage resulting from neglect, misuse or improper maintenance and storage.
Spare Parts and Accessories
We will try and accommodate any spare or replacement parts you may need. If you do not see them in our online store please contacts us and we will provide descriptions, catalogues, pricing and availability. Some products are sold “bare bones”. To get the most out of them we encourage you to consider accessories that you will benefit from. For example a trolley will help getting your boat into and out of the water. An electric pump will greatly speed up assembly and give you more energy when on the water. Feel free to ask us for some of the best accessories we recommend for each product. It will be much less expensive to purchase accessories at the same time as your boat, motor or other product as more often than not it will not raise the price of shipping and handling. However purchasing accessories at a later date may be subject to inordinately high shipping and handling charges.
Repairs
Occasionally you may damage your product throughout the course of usage that is not the result of a manufacturing defect. We will do our best to advise on any repairs and how to conduct them or who to contact for the best results. Damage will occur if used improperly. Be aware and use with care. For example do not over inflate or use in conditions or in a manner other than what they were meant for.
Product Usage and Proper Use
We sell equipment for sports and activities that may be considered dangerous or extreme in nature. It is the sole responsibility of the purchaser to be familiar with the use of the products and safety protocols of the products they buy and the activities they engage in. It is your sole responsibility to determine if you are qualified to use these products and perform these activities. Seek professional instruction wherever possible and exercise good judgement every time prior to performing each activity. Do not engage in activities in unsafe locations or under unsafe circumstances. For example kiting in off shore conditions is foolish and dangerous.
Do not engage in illegal or overlay dangerous activities. Do not engage in activities that can endanger innocent bystanders and risk banning the activity at your facility. Do not take drugs, alcohol or medication that may affect your performance before engaging in the activity. Do not engage in the activity of you are not appropriately physically, mentally or emotionally able to do so.
Know your limit and stay within it.
We are not liable or responsible for damages from using our products in any way. We highly recommend that you take appropriate measures to be certified and trained in all the sports and activities you engage in. We are certified instructors in some of the sports in which we sell products and can provide lessons or tips on their usage but the responsibility falls on the consumer to look out for their own safety and that of others.
We also stress that all laws and safety precautions pertaining to your sport or activity be followed. This includes wearing appropriate gear such as wetsuits and booties. Always respect the wind and the water. When in doubt, don’t go out. Build up your skills and experience slowly. Practice safety measures and emergency protocols. Seek professional instruction. Don’t go out alone. Be prepared for changing conditions. Operate all products safely and with the proper safety equipment to avoid damages and inquires to yourself and others. Do not engage in activities where it is unsafe, ill advised or illegal to do so. Some spots are considered advanced spots – do not kite or sail or paddle their unless you have attained without a doubt the necessary skills and experience to do so. These are just some of the safely measures you should be taking to partake in your sport responsibly.
Safety Equipment
To engage in certain activities you may require additional safety equipment. It is your responsibility to ensure you are aware of all safety equipment and legal responsibilities required to operate the products we sell in your area. We can advise on the areas we are certified in and in the locations we are familiar with but ultimately it is your responsibility to ensure compliance. Wear an approved life jacket at all times even if not required to do so no matter what water sport you engage in and no matter what the activity.
USE SAFETY FOR YOURSELF AND OTHERS. USE OF THESE PRODUCTS AND ENGAGING IN THESE ACTIVITIES IS AT YOUR OWN RISK AND LIABILITY.
Don’t endanger others or risk the sports we love being banned at your local spot. If you see someone else behaving in a dangerous manner take appropriate measures to ensure the safety of them and bystanders. Help others you see in danger. It is a maritime law to help others in danger when a call for help is made. Don’t be afraid to ask for help at any time while engaging in your sport.
Resale of Our Products
We sell directly to end users and do not authorize the commercial resale of our products unless agreed upon in writing before hand. If you sell to someone else on a non-commercial level the warranty may no longer be valid. We do however look for dealers for products in which we have exclusive rights importing and distribution rights. If you wish to become a dealer of some of the products we distribute please contact us.
Donations, Volume Discounts, School Discounts, Military Discounts or Other Special Circumstances.
Occasionally we provide discounts to schools or sell products that are for school use only. We also may consider making donations for certain programs and causes we wish feel aligned with. We also offer discounts to Military personnel, those with disabilities or disadvantages or other special circumstances. Contact us if you would like more information on any of these programs.
Rentals and Demos.
We currently do not have a formal rental system in place however this is something we are working on. In the meantime we may offer rentals on a case by case basis. Rental fees, deposits and other parameters will be determined on a case by case basis. Those who rent will be asked to provide a damage deposit and be fully responsible for all damages. Approved renters must be qualified to operate and use the products and will be asked to sign a waiver.
We occasionally conduct demos. Demos are usually accompanied by us. Solo demos may be granted on a case by case basis to qualified individuals. Damages incurred during the demo are the responsibility of the participant. Demos may be subject to a fee.
Services.
Services will be bound to these and additional terms of use. For example, a non-refundable deposit may be required as well as a minimum notice of cancellation.
PRICE PROTECTION, CANCELLED ORDERS, OUT OF STOCK AND MATCHING OF PRICES
We try and make our prices as competitive as possible and will try to match any competitors price but do not make any guarantees. Cancellation of an order does not guarantee that you can re-order at the same price. We do not offer price protection if a price should go down after you purchase. We operate as much as possible on demand and many goods are purchased based on international exchange rates. We do not guarantee that items on our web site will be in stock by a manufacturer or can be delivered in a timely manner. To keep prices low we carry as little stock as possible and many goods are shipped directly from the manufacturer. As such we have no way of knowing if any items is in stock or what an estimated delivery time will be until an order is placed or a pre-order enquiry is made. However once an order is placed we will ask the manufacturer if the item is in stock and an estimated delivery time. You will be asked if you wish to finalize your order based on this information or you may cancel your order for a full refund at this time. If we receive your order to proceed the order will be finalized and no refunds will be issued. We are not responsible for orders that take longer to receive than estimated or errors made by the manufacturer regarding stock availability or delivery times.
In order to purchase goods and services from us it is your sole responsibility to read, understand and accept all store policies and terms and conditions. Making a purchase with us regardless if it is done through or online store or by other methods, assumes you have read and understand and accept all these store policies, terms and conditions. These store policies and terms and conditions may change from time to time and without notice at our sole discretion.
Below are itemized all store policies and terms and conditions, information and other parameters, policies and procedures you need to buy products from us.
Mystic Point Water Sports and MysticPointWaterSports.com is owned and operated by Mystic Point Technology Solutions Inc. This agreement is between you the customer and Mystic Point Technology Solutions Inc.
PURCHASE POLICY
The nature of our business.
We carry products that are sourced from companies all over the world. Some of these products are considered “high end” or of “high cost” in nature many of which are made to order and shipped to you from their facility. The nature of our business, the suppliers we deal with and the products we sell dictates that we operate with certain policies and procedures some of which may be similar to some degree to buying an item such as a car or motorcycle.
Product Information.
We are not responsible for any claims made about a product’s specifications or how a product operates and performs. This information is provided to us by our suppliers and we cannot test and validate their claims and therefore are not responsible for their claims.
We strive to deal with reputable manufacturers and believe that they have taken appropriate measures to ensure the accuracy of the information they convey, however, product performance can vary greatly based on a number of circumstances, factors and conditions. For example, the life of a battery or the speed of a boat may be provided by a manufacturer but your usage statistics may be significantly different. Or a boat may appear a certain color in an image but the shade of that color looks different when you receive it. Purchasing from us means that you acknowledge and agree that products may not be exactly as described or shown in pictures or perform exactly as advertised and do not hold us liable or responsible for any information stated or claims made.
We will take every reasonable effort to provide you with the best and most accurate information available but sometimes circumstances are beyond our control or you may interpret the information differently than what was intended. As the consumer it is ultimately your responsibility to conduct your research and be sure of what you are buying.
We are passionate about what we do and diligent in researching our products and want you to have a great purchasing and usage experience so we will provide any advice, guidance, information or other tips afforded by our expertise and experience in the areas we deal in to help you with your research. Wherever possible we will contact manufacturers or strive to get you answers to your questions but as always, while we take reasonable measures to ensure accuracy, we are not responsible for any mistakes made or misinformation provided or given.
Sometimes products change slightly in either appearance or characteristics or otherwise from the images and information provided to us resulting in the product you receiving not being 100% exactly like the images shown.
Making Purchases and Processing Orders.
Purchases can be made either through our secure on-line store or by contacting us directly. To make purchases through our online store simply add items to the shopping cart and process payment as you would any other online store. We maintain the right to refuse orders and purchases at our sole discretion and for any reason whatsoever. If an order is refused you will be issued a full refund.
We offer several forms of payment and use several highly reputable payment processing partners and financial institutions securely integrated into our online store. We require payment in full in order to process your order. We also require your payment to clear with our payment processors in order to process and finalize your order. Payment processing and clearing times vary depending on which payment type and which payment processor you choose.
At the time of writing we offer credit card processing through Stripe and Paypal. Credit card payments made through Strip take approximately 7 days to process and clear which will subsequently delay your order by approximately 7 days. Credit card payments made through Paypal takes about 3 days for the same to happen. We encourage customers to use their credit card through PayPal to take advantage of the shorter processing times so orders can be received sooner but this is solely at the discretion of the customer.
None of the payment methods and processors listed on our site should charge any fees to use this service. All processing fees are charged to us. If a fee is charged please let us know before you make any purchase.
At checkout you must complete all the fields pertaining to billing and shipping information. Providing a phone number is required by the shipping companies we partner with.
You must fill out all information accurately. Incorrect or inconsistent information may be flagged by our payment processors and cause additional delays in processing your order.
Once an order is placed you will be contacted via email within a few days and advised of product availability, estimated delivery dates and applicable shipping and handling charges if any. Delivery dates are estimates only and delays are beyond our control. If you do not agree to these estimated delivery dates and the possibility that shipments can be significantly delayed and to shipping and handling costs your order will be cancelled and you will be issued a full refund. If you do not respond to us within 5 business days your order will be cancelled and you will be issued a full refund. It may take a few days for your refund to be processed and visible to you.
You can also contact us before placing your order to be advised of product availability and any applicable shipping and handling costs however this information is time sensitive and only valid for 3 days. If you do not place your order within 3 days availability and shipping costs may change.
If you do agree to the Shipping and Handling Charges then we will provide a link to an item on the web site that you can process and pay for that will represent the Shipping and Handling charges for your order.
In order to proceed with your order our payment processing partners sometime we require additional anti-fraud measures to be taken and therefore the following requirements might also apply. For orders under $750.00 total including taxes we may ask for confirmation via email that you would like to proceed or to send us back a signed copy of the invoice. For orders over $750.00 including taxes we may ask for a scanned or photographed official government photo ID in addition to a scanned copy of the invoice with your signature to be sent back to us as confirmation that you would like to proceed with your order. Failure to comply with these requests will result in your order being cancelled and a refund minus a 5% administrative handling fee will be issued.
Once we receive your go ahead via the above requested items and once your payment has been processed and cleared in full, your order will be considered finalized and we will begin our order fulfillment process by contacting our suppliers and/or arranging for your goods to be delivered to you.
At this point, once your order is finalized we will not issue returns or refunds for any reason including if the product takes significantly longer to arrive than was estimated (please see our return or refund policy for more information). This is because at this stage we typically then make payment to our suppliers for your product and due to the specialized nature of our products and the agreements we have in place with our suppliers and the costs associated with placing orders and shipping them, refunds are simply not possible. Delays in particular are completely out of our control and may arise from any source including but not limited to Customs, manufacturer or other shipping delays. Refunds will not be issued from products that take significantly longer to arrive than was originally estimated.
Orders may also be placed by contacting us directly. This is often done for large orders or orders with a high degree of customization or orders in which a customer wishes to pay via cheque, cash or some form of bank transfer. Paying via Cheque, cash or bank transfers can on some occasions allow us to provide a slight discount as we are saved from the fees associated with processing orders through our inline store. If you wish to pursue this method of ordering simply contact us and we will prepare an invoice or quotation that is good for 3 days from the date of issue. Payment must be made in full within 3 days unless otherwise agreed to by us. All terms, conditions and policies from purchasing goods in our online store apply to purchasing goods by directly contacting us. Unfortunately payment by bank transfer via our online store is not subject to the same discount which may be offered when ordering and paying by contacting us directly. In addition, you r bank may charge a small fee to pay via bank or wire transfer that is the sole responsibility of the customer but should still be far less than any savings or discount offered.
For Domestic/Canadian orders, any costs associated with importing products, including but not limited to customs and duties, are included in either the cost of the good or in the cost of Shipping & Handling. You will not be required to pay for customs or duties unless by special circumstance that has been arranged and approved by you before the order is finalized. Unless this special arrangement is made, all duties and customs are our express responsibility.
If a Shipping company or delivery driver asks for payment of any kind, including but not limited to Customs, duties, taxes and delivery charges, you must refuse the shipment and notify us immediately. We will resolve the issue and arrange for the product to be re-delivered to you without any additional fees or charges.
If you make payment of any kind to Shipping companies or delivery drivers we will not be able to resolve the situation and will not be able to reimburse you and tany payments made will become your sole responsibility. Therefore, it is vital that you do not make any payments of any kind to any 3rd party. Once your order is processed and finalized by us it will be considered paid in full and you will not be asked to make any additional payments.
However, should the supplier attempt to charge us more for your product after your payment has been processed and before our payment to them has been made or if any other extenuating circumstance happens in that time frame such as a dramatic change to Foreign exchange rates or if the factory no longer can supply the product then we will attempt to find a solution with you o cancel your order and refund your money in full provided no payments have been made to the manufacturer or are unrecoverable by us.
To purchase a service such as kiteboarding lessons rather than a physical product, whether online or by contacting us directly, you may, at our sole discretion, be asked to either pay a deposit or to pay in full before the service can be booked or rendered. Refunds for deposits or payments of services are subject to our refund and return policy.
Pricing.
Pricing is subject to many factors that include but are not limited to changes in Foreign Currency Exchange Rates, Changes in prices and fees charged by our partners and suppliers and more. Because of these factors and others we reserve the right to change our prices at any time. We do not offer a price protection policy of any kind. If you purchased a product and a month later it is much lower we will not be able to reimburse the difference.
However to try and achieve greater comfort around this we are moving away from “sales” and a “shipping included” business model. This way you can purchase in confidence knowing a product is not likely to go on sale a month after you purchased it. By not including shipping those who would pay less for shipping will no longer subsidize those that would pay more for shipping and feel this is a fairer way to conduct business. While extenuating circumstances may at some point persuade us to have a sale or negotiate better discounts our goal is to try and be as fair as possible and leave customers feeling satisfied with their purchasing experience.
We attempt to price our products extremely competitively and in many cases are less expensive than anywhere else in the world. However when you look at prices in other countries they may appear to be higher. This is due to a number of factors such as local taxes and more. Since our products are “expensive” and portable in “nature” customers may sometimes consider the possibility of purchasing directly from another country however this may be in violation of agreements with manufacturers. We invest heavily to act as the exclusive partner, dealer, importer or distributor for many of the products we see either at a Canada wide level or at a local regional level.
Purchasing these products outside of Canada will result in a much higher price than what we sell them for when you factor in taxes, duties and other factors that affect costs as well as may be in violation of these exclusivity contracts and result in warranty invalidation. Therefore for the best price, service, support and total experience we encourage you to shop locally.
Products with $0.00 pricing or zero price or no price does not refer to the item being free but rather that we have not had a chance to update the price or that this product requires you to call for pricing. Unfortunately our online store software system does not allow us to put "Call For Price" or anything similar so this is the best we can do.
Price Matching - if you find a cheaper price anywhere else contact us for a competitive bid and we will most likely be able to beat it.
Price Errors or Info Errors & Typos - Unfortunately we make mistakes from time to time and post the wrong price on our site or in our marketing materials or pricing may have changed any your marketing material may not specify an expiry date. In these circumstances and others where the price is incorrect we will see if we can honor the price but this is not a guarantee and will not always be the case. If a mistake is big enough we simply cannot sell things below cost and In most incidents we will apologize and fix the mistake right away and see if we can meet halfway or the corrected price will stand. In some cases the customer will have purchased a product where the price was mistakenly higher. In this circumstance we will try and refund the overcharged amount provided it was discovered within a reasonable time frame and it was in fact due to a pricing mistake and not a change in price. Our goal is to be as accurate as possible and wherever possible make the customer happy without sacrificing the viability of our business. We do not ever engage in or have any intentions to engage in unethical, illegal, illegitimate or otherwise nefarious pricing tactics. We will never "bait and switch" or advertise a lower price and then say there is no stock or other unscrupulous strategy to draw customers in that we have seen other businesses do. Our goal is to be as accurate, reasonable and fair as possible, if an error has occurred it is a genuine mistake and we will fix it without any harm and hope you understand and continue to shop with us or shop elsewhere as is your right to do so.
Sales - We are trying to move away from Sales. That way you don't have to worry that the product you bought is a lot cheaper a week after you bought it. But sometimes sales may be necessary to clear old inventory or compete with others or as part of a unified strategy with our suppliers in which we may be contractually obligated to offer the same sale. In this case will not be able to offer reimbursements or refund the difference. We also cannot say if a sale is coming up on a particular product you are looking to buy and apologize in advance if this causes any concern. But these are some of the reasons why, if we could, we would not ever have a "sale" but if we ever do we hope you understand that we cannot reimburse or refund the difference. Most of the time we had to pay more for the product as well and can not be reimbursed form our suppliers for the difference either or we did not know a sale was going to happen either.
Discounts and coupon codes. We do offer some discounts in special circumstances or coupon codes ( military or school discounts come to mind) but these are few and on a special case basis. We will not be able to price match in these circumstances. These codes and discounts also have an expiry date and change over time. As always we want to move to a more fair pricing model so you never have to worry that you over paid for a product.
Loyalty and Referral Rewards
Sometimes we may offer discounts or coupon codes to loyal and repeat customers but we are trying to minimize this as it may suggest there price is not the lowest possible ...we want to make you feel that our prices are always the best so whenever you buy you feel re-assured.
If you refer our products or services to someone and they buy mentioning you as a referrer we will definitely look to reward you in a way commensurate to your referral. This is done on a case by case basis and may take the form of a Visa gift card, a store credit, free swag or accessories or something else. it's not a guarantee but we want to do right by the customers that do right by us. We are lucky that we have great customers who tend to show off their boats and other products which can lead to additional sales for us and so we want to show our appreciation in some way as long as it doesn't compromise our ability to keep prices low and stay competitive and viable.
Rain Checks or Out of Stock Items
Due to the nature of our business, we do not offer rain checks for out of stock items. Before an order is finalized we will advise of availability and estimated shipping dates for you to determine if you would like to proceed with the order.
Deposits or Financing
We currently do not offer deposits or financing or other forms of payment plans unless specifically agreed to on a case by case basis.
Currency
All prices and fees are quoted in Canadian dollars and must be paid for in Canadian currency.
Taxes
We observe all laws and regulations with respect to the payment and collection of taxes. All Canadian orders will either be charged the normal taxes that apply to the province, region or territory where the goods are being shipped to or will be charged the minimum Ontario tax which is currently 13% HST. Your taxes will be calculated at time of check out. Taxes will also apply Shipping and Handling.
Warranty
Every product we carry comes with a warranty from the manufacturer against manufacturing defects. This warranty does not cover regular wear and tear, misuse, commercial use, abuse or neglect. Warranty periods, coverage and claims procedures differ from product to product and in some cases must be made through the manufacturer while in other cases must be made through us. Claims will require participation and evidence on the part of the customer which may include photos and other documentation of the issues encountered. You may also be required to ship products to us or to the manufacturer to be evaluated before a warranty claim is approved. In some cases the manufacturer may cover the cost of shipping for approved warranty claims and in some cases they may not and the consumer will be required to participate or pay the costs of shipping. We do not provide any warranties of any kind for any product or service but if possible and applicable we will assist in getting your issue resolved in the most satisfactory manner possible.
It is the responsibility of the customer to ask or confirm the warranty period and coverage of each item purchased.
Used or Demo Items
We may from time to time offer used or demo goods for purchase. We may also sell items on consignment or on behalf of a customer. Warranty on any of these aforementioned items may be eligible and current or expired, voided or inapplicable and should be determined on a case by case basis by the customer upon request. All sales of used or demo items are considered final sale.
Shipping and Handling Policy
Our Shipping and Handling Policy includes all the information described throughout this web page including what is listed here. Shipping and Handling may also be referred to as S&H or just Shipping or just handling. In reality there is no such thing as "free shipping" as these costs are built into the price of a product. Therefore wherever you may see the term free shipping on our website or online store it refers to the fact that the price included this service. Furthermore, shipping does not refer to the act of transporting a product or just the cost related to transporting a product. Shipping, or S&H or Shipping and Handling refers to all all aspects related to the fulfillment of customer orders such as logistics, preparing, packaging, packing, transporting, delivery, customs clearance, packaging material, fuel and other fees and surcharges and more. The transport of a good is only a component of the total S&H charge. As required by law, we charge taxes, GST or HST on S&H.
As a business we are moving away from "free Shipping" or "Shipping & Handling Included". What we have found is this over inflates the price of our goods to cover a number of contingencies and results in higher consumer prices overall. Our goal is to make prices as low, competitive and fair as possible. Also, by including shipping in the price we found that customers who would have paid lower for shipping end up subsidizing the product for customers that pay more for shipping so by charging S&H based on each order and to each customer we feel it delivers the most accurate, fair and competitive pricing model.
In the coming days and weeks we will be modifying all our products to remove any references to shipping in their product description. That way should our policy change in the future we do not have to go back and re-modify all items. If a product does not specify free shipping or shipping included then the default store policy is that S&H is extra. As of June 1st, 2018 ... all products will be charged a separate S&H even if their store description says S&H is included ... This is because we must have missed that product or some other mistake was made ... however the products price will also be adjusted accordingly once the error is discovered. As always you can cancel your order at this time for a full refund if you do not agree to the corrected price and quoted S&H price.
As mentioned elsewhere on this page S&H will be calculated as either by contacting us before your order or after your order is placed. If you do not agree to the S&H charges you will receive a full refund. S&H will be higher than expected as we deal in large, heavy and expensive items from international sources and may include other fees and costs associated to order fulfillment. Many of our suppliers ship via air which also adds to the costs. Wherever applicable we will try and present a couple of shipping options such as premium air based versus ground or sea based, but these often effect delivery times greatly.
Because we use different suppliers your order may have S&H charges that are aggregated from multiple sources or suppliers. We try and ship as little product from us directly and ship as much as possible from our suppliers to keep consumers prices as low as possible.
Because S&H maybe include administrative or logistical fees pertaining to duties and more, you may find that depending on the manufacturer or country of origin S&H may be inordinately high. This is no different than if you ordered a product directly from a supplier in another country and are quoted a shipping charge and then when it is delivered are asked to pay a huge customs and duty charge. The difference with us is we are transparent and include all of these charges in the Shipping charge so you do not receive any surprises and once your order is finalized you will not be asked to pay anything else.
We have found a disturbing trend with shipping companies whereby the driver or other agents from their organization ignore the customs information and contact the recipient directly asking for customs payment. Customs and duties are arranged by us and as is said elsewhere on this page you must not make any additional customs or duties payments. Contact us and we will resolve the issue. If the product arrives at your door with a driver looking for payment simply ignore the shipment and contact us. We will resolve the issue and have it redelivered to you free and clear of any additional charges. Failure to do so could result in you paying charges that we can neither reimburse or get back in which case the sole responsibility would then be yours. We don't want that to happen ... we go to great lengths to prevent this and resolve this on your behalf.
Whenever we investigate this situation we have found no end to the stories for what caused the fiasco but ultimately our suspicion is that the shipping companies may be trying to charge for their own customs brokerage services and bypass any pre-arranged processes as a way to maximize revenue. But this is only a theory to which we can only speculate.
When shipment arrives it is important to take photos immediately in case there are damages or there are any missing pieces. These photos will be used as evidence to have the products repaired or replaced or missing goods delivered. Many times the boxes may be damaged during shipment but the contents within are fine... in fact at point of writing we have never had a product be delivered damaged, but nonetheless it is important to take photos if the external packaging appears damaged. If you refuse a shipment based on damage we may not be able to resolve the issue so you should receive it and document and photograph all damage.
Most manufacturers do not ship with insurance as it adds significant cost to S&H charges. Therefore photographing may be the only way to recover damages.
We may be able to arrange goods to be delivered to a pickup location rather than you home. Please advise us if alternate shipping arrangements or custom shipping arrangements are to be made and we will do our best to accommodate.
Shipped goods are much heavier than their unpackaged counterparts so please be aware and exercise appropriate care and caution. Use two people to life and use dollies to move around.
Due to the high cost of S&H we encourage you to purchase any accessories you may enjoy at the same time as your initial boat purchase or in general the more you buy together the more you will save on S&H.
It is a sad fact of life that delivery time on the actual day of shipping vary greatly. be aware that this is the case and is beyond our control.
While we do not offer a pickup service that is free of S&H charges and virtually all of our products will have a S&H component we may from time to time be able to combine shipments or use other strategies to greatly reduce the cost of S&H or provide lower charges. The point here is to contact us and we will do our best to get you the best rates and the lowest fee for S&H.
Refund and Return Policy
Due to the nature of our business we do not offer returns or refunds so it is important to be sure before you buy. We encourage you to conduct your own research and make sure this is a product or service you want. We do not intentionally mis-represent in any way but due to the nature of the products we carry and the manufacturers we deal with and the differences in usage from case to case they may not perform as you expected them to. For example a kite may have a slightly higher or lower wind range than what you were expecting. Or a Sailboat may perform different than other boats you have sailed, etc... This is the nature of buying sporting type products without trying them. We encourage you to do your research and make sure this is a product you want to buy before you purchase. You cannot buy to try. Once your order is finalized and your payment processed we do not offer returns.
We will however provide honest feedback on the products we carry to the best of our knowledge, ability, expertise and experience to help you make an informed decision, however everyone and every situation is different and what we may like, you may not. Also our experience and skill level may differ from your own so a product that performs a certain way for us may not perform the same way for you. We try and offer demos from time to time on select products so you may try before you buy. Demos are subject to a variety of conditions including availability, time and in some cases cost.
Rentals, Demos and Try Before You Buy and Post Purchase Orientation.
On occasion we schedule demo events that are open to the public to try our products or services. Sometimes these will be free and sometimes we may charge a fee. We also may schedule 1 to 1 demonstration of a product either before you buy or as an orientation covering topics such as setup and usage after you buy. We also may provide products for use over a period of time either as a demo or as a rental. Contact us to inquire about scheduling or cost if any for any of these services.
Foreign Orders.
Foreign orders are those that are billed to and shipped to an address outside of Canada. While we are a Canadian business we may be able to process foreign orders provided that there is no violation of agreements with our suppliers or that we receive special permission from the manufacturer on a case by case basis to do so. Foreign orders have the benefit of being exempt of Canadian taxes and may also likely be exempt of local sales tax as well. Also they may pay less for shipping and take advantage of favorable exchange rates by shopping in Canadian dollars. However duties, import fees, customs and other taxes and fees specific to foreign customers may or may not apply. These fees are the specific and sole responsibility of the customer. We do not know what these fees are and will not be able to provide an estimate but we may be able to offer some advice based on what we learned in past sales to foreign countries, however we are not liable for any of the information or advice we convey with regards to this. Ultimately the customer is responsible to determine what these are and to make all necessary payments and arrangements. Goods may also be held at the courier or a clearance center or point of entry until any such fees are paid by the customer. This is at the sole discretion of the customer and unfortunately there may be nothing we can do to help in this situation.
In some situations goods are shipped from suppliers within the same country as the customer. This has the benefit of being exempt of Canadian taxes, customs and duties and reduced costs of shipping and handling resulting in significant savings for a customer.
Pick Up Orders and Special Deliveries
As we do not currently have a “brick and mortar” location, we sometimes provide a "pickup" at a local beach, park or other location where we may provide a demo of assembly or usage of your product such as sail boat. This will still be considered as "Shipping and Handling" and may have a fee associated with it. Shipping and Handling applies to virtually all of our products sold at this point in time but as always you will be given a quote to approve any such fees and charges before your order is finalized. This "pickup" or assembly and usage demo session is considered post finalization and the goods are your property at this point. We may also perform this service for orders that were shipped directly to you.
Assembly and Setup Times
Some of the products we sell may require assembly or setup prior to each use. Assembly times vary dramatically from person to person and tend to improve significantly over time and with subsequent use. Assembly time is also affected by the use of electric versus manual pumps or other aides and shortcuts. We post videos on our site showing assembly of some of the unique and innovative products we carry such as portable sailboats. Other products such as kites have assembly and setup times that are within industry norms. Initial assembly attempts will take significantly longer than anticipated but over time will improve dramatically. We do not make false claims of assembly times and the times we advertise and promote are manufacturer derived and not validated by us. Refunds will not be issued if you feel assembly times are not as advertised. Some products require tools for assembly that may not be included in the shipment. We do our best to advise if this is the case.
Care and Maintenance.
Our products get used for outdoor sports and adventures and as such are subject to normal wear and tear. To maximize the life and performance of your product please refer to the owner’s manuals and take proper care to dry, maintain, protect and store your products when not in use. We are not responsible for damage resulting from neglect, misuse or improper maintenance and storage.
Spare Parts and Accessories
We will try and accommodate any spare or replacement parts you may need. If you do not see them in our online store please contacts us and we will provide descriptions, catalogues, pricing and availability. Some products are sold “bare bones”. To get the most out of them we encourage you to consider accessories that you will benefit from. For example a trolley will help getting your boat into and out of the water. An electric pump will greatly speed up assembly and give you more energy when on the water. Feel free to ask us for some of the best accessories we recommend for each product. It will be much less expensive to purchase accessories at the same time as your boat, motor or other product as more often than not it will not raise the price of shipping and handling. However purchasing accessories at a later date may be subject to inordinately high shipping and handling charges.
Repairs
Occasionally you may damage your product throughout the course of usage that is not the result of a manufacturing defect. We will do our best to advise on any repairs and how to conduct them or who to contact for the best results. Damage will occur if used improperly. Be aware and use with care. For example do not over inflate or use in conditions or in a manner other than what they were meant for.
Product Usage and Proper Use
We sell equipment for sports and activities that may be considered dangerous or extreme in nature. It is the sole responsibility of the purchaser to be familiar with the use of the products and safety protocols of the products they buy and the activities they engage in. It is your sole responsibility to determine if you are qualified to use these products and perform these activities. Seek professional instruction wherever possible and exercise good judgement every time prior to performing each activity. Do not engage in activities in unsafe locations or under unsafe circumstances. For example kiting in off shore conditions is foolish and dangerous.
Do not engage in illegal or overlay dangerous activities. Do not engage in activities that can endanger innocent bystanders and risk banning the activity at your facility. Do not take drugs, alcohol or medication that may affect your performance before engaging in the activity. Do not engage in the activity of you are not appropriately physically, mentally or emotionally able to do so.
Know your limit and stay within it.
We are not liable or responsible for damages from using our products in any way. We highly recommend that you take appropriate measures to be certified and trained in all the sports and activities you engage in. We are certified instructors in some of the sports in which we sell products and can provide lessons or tips on their usage but the responsibility falls on the consumer to look out for their own safety and that of others.
We also stress that all laws and safety precautions pertaining to your sport or activity be followed. This includes wearing appropriate gear such as wetsuits and booties. Always respect the wind and the water. When in doubt, don’t go out. Build up your skills and experience slowly. Practice safety measures and emergency protocols. Seek professional instruction. Don’t go out alone. Be prepared for changing conditions. Operate all products safely and with the proper safety equipment to avoid damages and inquires to yourself and others. Do not engage in activities where it is unsafe, ill advised or illegal to do so. Some spots are considered advanced spots – do not kite or sail or paddle their unless you have attained without a doubt the necessary skills and experience to do so. These are just some of the safely measures you should be taking to partake in your sport responsibly.
Safety Equipment
To engage in certain activities you may require additional safety equipment. It is your responsibility to ensure you are aware of all safety equipment and legal responsibilities required to operate the products we sell in your area. We can advise on the areas we are certified in and in the locations we are familiar with but ultimately it is your responsibility to ensure compliance. Wear an approved life jacket at all times even if not required to do so no matter what water sport you engage in and no matter what the activity.
USE SAFETY FOR YOURSELF AND OTHERS. USE OF THESE PRODUCTS AND ENGAGING IN THESE ACTIVITIES IS AT YOUR OWN RISK AND LIABILITY.
Don’t endanger others or risk the sports we love being banned at your local spot. If you see someone else behaving in a dangerous manner take appropriate measures to ensure the safety of them and bystanders. Help others you see in danger. It is a maritime law to help others in danger when a call for help is made. Don’t be afraid to ask for help at any time while engaging in your sport.
Resale of Our Products
We sell directly to end users and do not authorize the commercial resale of our products unless agreed upon in writing before hand. If you sell to someone else on a non-commercial level the warranty may no longer be valid. We do however look for dealers for products in which we have exclusive rights importing and distribution rights. If you wish to become a dealer of some of the products we distribute please contact us.
Donations, Volume Discounts, School Discounts, Military Discounts or Other Special Circumstances.
Occasionally we provide discounts to schools or sell products that are for school use only. We also may consider making donations for certain programs and causes we wish feel aligned with. We also offer discounts to Military personnel, those with disabilities or disadvantages or other special circumstances. Contact us if you would like more information on any of these programs.
Rentals and Demos.
We currently do not have a formal rental system in place however this is something we are working on. In the meantime we may offer rentals on a case by case basis. Rental fees, deposits and other parameters will be determined on a case by case basis. Those who rent will be asked to provide a damage deposit and be fully responsible for all damages. Approved renters must be qualified to operate and use the products and will be asked to sign a waiver.
We occasionally conduct demos. Demos are usually accompanied by us. Solo demos may be granted on a case by case basis to qualified individuals. Damages incurred during the demo are the responsibility of the participant. Demos may be subject to a fee.
Services.
Services will be bound to these and additional terms of use. For example, a non-refundable deposit may be required as well as a minimum notice of cancellation.
PRICE PROTECTION, CANCELLED ORDERS, OUT OF STOCK AND MATCHING OF PRICES
We try and make our prices as competitive as possible and will try to match any competitors price but do not make any guarantees. Cancellation of an order does not guarantee that you can re-order at the same price. We do not offer price protection if a price should go down after you purchase. We operate as much as possible on demand and many goods are purchased based on international exchange rates. We do not guarantee that items on our web site will be in stock by a manufacturer or can be delivered in a timely manner. To keep prices low we carry as little stock as possible and many goods are shipped directly from the manufacturer. As such we have no way of knowing if any items is in stock or what an estimated delivery time will be until an order is placed or a pre-order enquiry is made. However once an order is placed we will ask the manufacturer if the item is in stock and an estimated delivery time. You will be asked if you wish to finalize your order based on this information or you may cancel your order for a full refund at this time. If we receive your order to proceed the order will be finalized and no refunds will be issued. We are not responsible for orders that take longer to receive than estimated or errors made by the manufacturer regarding stock availability or delivery times.