Terms & Conditions
TERMS & CONDITIONS OF SALE
The following terms and conditions govern the sale of products by Skydiving Gear Canada Inc..
For the remainder of this document we shall refer to Skydiving Gear Canada Inc. as www.skydivingcanada.ca and or Skydiving Gear Canada.
By submitting your order to www.skydivingcanada.ca you have indicated your acceptance to be bound by these terms and conditions of sale. At the sole discretion of Skydiving Gear Canada, these terms and conditions may be changed without prior notice at any time before Skydiving Gear Canada accepts your order.
Payment is due by credit card, PayPal, Interac or Bank Wire Transfer. Once an order is placed by credit card, the credit card account will be verified at the time the order is placed. Should a credit card be declined, so will be the order. No C.O.D. orders are accepted. Orders are processed ONLY upon receipt of payment.
Disclaimer of Warranty
When products are shipped to you, their warranties determined on a per product basis are in effect and are included with the shipment (other than those warranties implied by and incapable of exclusion, restriction or modification under applicable law).
Payment Shipping & Handling Charges & Taxes
The buyer is responsible for any taxes (For Canadian's this is charged upfront).
Buyers outside of Canada are responsible for tariffs associated with your purchase.
If you have a native status card and wish to have your taxes refunded, you must place your order and pay the taxes upfront in advance - this is due to the fact that our website has no way of recognizing native status or tax exemption. Once an order has been placed, you may contact us with an order number to start the tax refund process. To apply for native status tax exemption, a customer must fax or email a copy of the front and back of their native status card as well as their driver's licence. The tax will be refunded once the order has been processed in full - this can take up to 14 business days.
To qualify for provincial tax exemption, the name on the status card must match the billing and shipping name and address, as well as the name on the credit card. A customer cannot place the order under a relatives name who has a native status card; this includes spouses. To qualify for GST tax exemption the order must be delivered to a reserve. Customer must be able to provide proof that the address is on a reserve.
Prices shown on the Skydiving Gear Canada site do not include shipping and handling or insurance, unless otherwise stated. Neither do the prices include applicable taxes, unless otherwise stated. All prices are in Canadian dollars. The price charged for an order will be the price in effect at the time the order is placed. Nonetheless, if the price drops before shipment and you notify Skydiving Gear Canada of the lower price before the product is shipped, in this case (and in this case only) the price charged will be the lower price. Shipping & Risks during Shipping
When products are shipped to you by common carrier, Skydiving Gear Canada liability to you for breakage and/or non-delivery of the products by the common carrier to you will be restricted by the limits of liability provided by the common carrier's Terms and Conditions of Carriage.
Lost & Damaged Products
All lost or damaged products must be reported to Skydiving Gear Canada by writing or e-mail only. Verbal reports are not accepted, and this report must be made within 14 days of receiving a product.
Please submit claims to us via our Returns page
Order Cancellations & Changes
For the benefit of our customers, we attempt to process orders as rapidly as possible. As such, orders may be shipped from our warehouse for fulfillment very soon after they are placed. Due to the increased difficulty of locating orders once they have begun the fulfilment process, we will not be able to make any order changes or cancellations once they have reached this stage of processing. Please review orders very carefully prior to submission and, in the event that a cancellation is necessary, please contact us as soon as possible. This will increase the likelihood that we are able to cancel your order before it goes to the processing for fulfilment. Unfortunately, no guarantees can be made.
Skydiving Gear Canada warrants product(s) to be in good working condition and free from defects in material and workmanship for a period of thirty (30) days for RETAIL packaged products from the original invoice date unless otherwise restricted below or by the manufacturer's own warranty policy.
Skydiving Gear Canada liability is limited to repairing or replacing, at its option, any defective product, freight prepaid to Skydiving Gear Canada, according to the Merchandise Return Procedure set forth in Section Merchandise Return Procedure. Buyer shall bear all responsibility for shipping charges and risk of loss or damage during transit to Skydiving Gear Canada Products which have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by Skydiving Gear Canada, are not covered by this warranty.
Any alterations, addition, improvements or attachments to the product(s) not authorized in writing by Skydiving Gear Canada shall be deemed to be a waiver of this warranty by the Buyer and shall render this warranty null and void. Skydiving Gear Canada shall return repaired or replaced product(s) to the Buyer at its expense via regular ground service within Canada. Shipping charges by all other methods and to all other destinations shall be borne by Buyer.
THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. SKYDIVING GEAR CANADA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT SHALL SKYDIVING GEAR CANADA BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL SKYDIVING GEARS CANADA'S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S).
Product Appearance and Imagery Online
Manufacturers may, from time to time, alter the appearance, packaging or part(s) included with a particular product supplied without prior written notice to Skydiving Gear Canada. Skydiving Gear Canada is not responsible for differences in products in these such events.
Limitation of Liability
The maximum liability to you for products purchased from Skydiving Gear Canada shall be limited to the purchase price you have paid for the products. Also, Skydiving Gear Canada will not be liable for any property damage, personal injury, loss of use, interruption of business, loss of profits, incurred labour charges, incurred water or material charges or other consequential, indirect, incidental, punitive or special damages. This applies to all situations however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law.
THE RETURN POLICY IS NOT A WARRANTY. Skydiving Gear Canada reserves the right to change or to cancel it at any time before accepting your order. For all refunds, you need to precisely follow the return procedures to ensure the return of your refund. You need to also allow a reasonable period of time for the product to arrive at our warehouse and pass an inspection process. When your return is accepted, we will process your refund as soon as possible.
These Terms and Conditions shall be interpreted under and governed by the federal laws of Canada, without giving effect to conflicts of law rules. Headings used in these Terms and Conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of, these Terms and Conditions.
Any additional or altered terms attached or adhering to an order shall be null and void and without effect, unless agreed to in writing by Skydiving Gear Canada. These terms and conditions may not be modified, altered or amended without the written agreement of Skydiving Gear Canada
If any provision of these terms and conditions is held to be illegal, invalid or unenforceable, in whole or in part, the legality, validity and enforce-ability of the remaining provisions shall not be affected or impaired. The terms and conditions stated herein are declared to be severable.
You may not assign this agreement without prior written consent from Skydiving Gear Canada. Skydiving Gear Canada is the intended beneficiaries of this agreement. If there is any inconsistency between this agreement and other agreement included with or relating to products purchased from Skydiving Gear Canada, this agreement shall take precedence.
Merchandise Return Procedure
You may return most new, unopened items within 30 days of delivery for a refund. We will always pay the return shipping costs if the return is a result of our error (you received an incorrect item etc.).
You should expect to receive your refund within two weeks of us receiving your package, however, in many cases you will receive a refund sooner.
Start your return process by using our returns page - we will require the original order number, the product you wish to return, the reason you wish to return the product, and a photo of the product to prove its condition and quality for our records and insurance purposes.
As long as you do not abuse our return service, return service will be covered by us to ensure satisfaction.
Products in poor condition are subject to a re-boxing fee of 15%
All custom orders are final sale
All canopy and containers are final sale
All Skdiving Suits are final sale
All replacement parts are final sale
All sales to costume design companies and the movie industry are final sales