Terms of Sale

Terms of Sale

  1. PAYMENT: Buy-Kayaks accepts payment by American Express, Visa, MasterCard and Discover as well as wire transfers, money orders and personal checks. Orders paid for by personal checks will not ship until the check clears. Credit card orders will be billed when the order ships. All transactions are un U.S. Dollars
  2. CANCELLATION: Customers who cancel orders will be liable for shipping costs and fees incurred by Buy-Kayaks Boats, inc on their order. Customer accepts that Buy-Kayaks Boats, inc. will bill the credit card used for the order for these charges and fees.
  3. ELECTRONIC COMMUNICATIONS: When you use SeaEagle.com, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other SeaEagle.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  4. COPYRIGHT: All content included in or made available through SeaEagle.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Buy-Kayaks Boats, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any SeaEagle.com is the exclusive property of Buy-Kayaks Boats and protected by U.S. and international copyright laws.
  5. TRADEMARKS: Buy-Kayaks trademarks and trade dress may not be used in connection with any product or service that is not Buy-Kayaks, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Buy-Kayaks Boats, Inc. All other trademarks not owned by Buy-Kayaks that appear in SeaEagle.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Buy-Kayaks.
  6. RISK OF LOSS: All items purchased from Buy-Kayaks are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery of the order to the provided address.
  7. Any dispute or claim (hereinafter “Claim”) relating to or arising in any manner whatsoever from the sale, purchase, or use of a Buy-Kayaks Boats, Inc., product, service, or use of the Buy-Kayaks website, including, but not limited to disputes or claims involving the Buy-Kayaks Boats, Inc. 120-day return policy and/or Limited Warranty, will be resolved upon the election of either the party asserting the Claim or Buy-Kayaks Boats, Inc. by binding arbitration rather than in court; provided that Claims may be asserted in small claims court if they so qualify and further provided that suits to enjoin infringement or other misuse of intellectual property rights may be brought in court rather than in arbitration.  The Federal Arbitration Act and federal arbitration law apply to this agreement.
  8. Arbitration shall be conducted pursuant to the code of procedure of the national arbitration organization to which the dispute or claim is referred in effect at the time of the claim.  Claims shall be referred to the National Arbitration Forum (NAF), JAMS, or the American Arbitration Association (AAA), as selected by the party electing to use arbitration.  If a selection by Buy-Kayaks of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select one of the other organizations listed to serve as arbitrator administrator.  Buy-Kayaks Boats, Inc. has the right to make the same alternative selection.
  9. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR Buy-Kayaks BOATS, INC. WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
  10. There shall be no right or authority for any claims or disputes to be arbitrated on a class action basis or on any basis involving claims or disputes brought in a purported class, consolidated, or representative capacity on behalf of the general public, other purchasers, consumers, or users or Buy-Kayaks Boats, Inc. products or services, or other persons or entities similarly situated. Furthermore, claims or disputes brought by or against Buy-Kayaks Boats, Inc. may not be joined or consolidated in the arbitration with other claims or disputes brought by or against Buy-Kayaks Boats, Inc. unless otherwise agreed to in writing by all parties.
  11. Buy-Kayaks Boats reserves the right to change prices without notice.
  12. Applicable Law. By purchasing or using any Buy-Kayaks product, service, or by using the Buy-Kayaks Boats, Inc., website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute or Claims of any sort that might arise between you and Buy-Kayaks.