Terms & Conditions

Last Modified: May 30, 2018

1.Introduction

Kayakalee, a business operating from Israel (“Company”, “We”, “Us” or “Our”), makes available the website located at www.kayakalee.com (“Website” or “Site”) an e-commerce store specializing in outdoor recreational activity products and equipment. These Terms and Conditions constitute a legally binding agreement between you either an individual, group or entity (the “User”, “You”, or “Your”) and the Company. Your access and use of our Website is governed by these Terms and Conditions and our Privacy Policy (collectively “Agreement”).

2. Key Terms

Unless expressly stated otherwise the following terms shall have the meaning as defined hereunder:

“Product” - refers to any product, offered for sale through the website.

“Customers” - refers to Users who place an order through our online store at www.kayakalee.com.

“User” - refers to all those who access the website and includes any reference to Customers. 

3.    Summary Terms and Conditions

Here is a summary of some important provisions covered in these Terms and Conditions. Please note that this summary only covers what we think is important for you but if you wish to learn more, you should always read the full terms and conditions and privacy policy before entering into any transaction with our Company:

  • You must be at least 18 years of age to access and use our Website;
  • All your personal information is collected, processed and shared in accordance with our Privacy Policy, please carefully read our Privacy Policy before providing any personal information to us;
  • Please note we do not accept any cancellations 30 days after the date of purchase;
  • If you wish to return a product and/or request replacement or refund, please see our return, replacement and refund policy for more information on steps you need to take to request return, replacement or refund;
  • Any payment information you provide through our website is collect and processed directly by our payment processor and governed by their own legal terms and privacy policy. Please take a few minutes to review our payment processor’s legal terms before placing your order.

The long version:

4.    Eligibility

IF YOU ARE UNDER THE AGE OF THIRTEEN YEARS, YOU MAY NOT ACCESS THIS SITE, CREATE AN ACCOUNT OR MAKE ANY PURCHASES THROUGH THE WEBSITE AND YOU MAY NOT UNDER ANY CIRCUMSTANCES SUBMIT YOUR PERSONAL INFORMATION THROUGH THE SITE.

Unless expressly stated otherwise, only natural persons are eligible to create an account and purchase products through our site. You may not create an account on behalf of another individual. By accessing the Service, you represent and warrant that you have the requisite capacity and authority to enter into a legally binding agreement with the Company.

5.    Guest Checkout, Account Registration and Safety

Although the website enables customers to purchase products without having to register an account, there are certain website features and functionality that is only available to Customers who create an account at www.kayakalee.com.

When you decide to register as a customer on the Website, we will request you to provide us with specific personal information. We will treat your personal information in accordance with our Privacy Policy. Please take the time to review our privacy policy before registering an account on our website or making any purchases.

By registering an account on our website, you agree to provide us only accurate and current personal information and to keep this information updated. In the event of any material change in your personal information, you must update your account information by visiting “Account” page on the Website or contacting us through the “contact us” page on our website with the words “Account details” in the subject line.

If we discover that you provided us with incorrect or inaccurate information during your account registration, we reserve the right to immediately terminate such account. The Company offers all accounts at its sole discretion, and we may refuse registration of a customer account without providing any reason. As an account holder, it is solely your responsibility to protect your account username and password.

You accept that all activity under your account is your responsibility, whether or not you have authorised it and you will take all necessary steps for maintaining the confidentiality of your username and password.

6.    Terms of Sale

The website offers customers a convenient way to select a product they wish to purchase and place their order at www.kayakalee.com.

Payment Processor

We use secure Paypal payment processor and Checkout payment gateway to process payments for purchases online. By purchasing products from www.kayakalee.com, you further agree to abide by your selected payment gateway’s applicable terms and conditions as well as privacy policy. To learn more about Paypal’s legal agreement, please visit the link provided here and to learn more about Checkout legal agreement, please visit the link provided here.

Shipping

The Company currently uses third-party shipping service provider to ship products locally and internationally to all locations listed on our website. Unless expressly stated otherwise, shipping costs are borne by the customer, and customers are able to view shipping costs before they make the payment. All confirmed orders shipped within 1-3 business days from the date of order confirmation. Please ensure that your order address is the same as shipping address provided by you.

Please note that it is solely the responsibility of the customer to review their order before making any payments to ensure they have ordered the correct product. In the event you place an incorrect order, you must immediately contact us at info@kayakalee.com to request cancellation. Please see our cancellation policy for more information.

Order Confirmation

Please note that upon receipt of your order request we will send you a confirmation email at the email address specified by you. Your order request is only deemed accepted by us after you receive the confirmation email from us. We will not process your order before sending you a confirmation email. We do not have any legal or moral obligation to accept any order, and we may decline to accept an order in our sole discretion. However, by submitting your order, you agree to pay for all ordered products (including any taxes and shipping fees as visible at the time you placed your order) in the event we accept your order.  

Delivery, Pricing, and Payment Policy

The delivery of all products is subject to availability. The Company does not offer any guarantees that products, as listed on our website, will be available at all times. If for any reason we are unable to fulfill your order, we will try to notify you via email provided by you.

Your order will be delivered to the shipping address that you provide us when placing your order. The title and the risk pass to the customer upon delivery of the product. All delivery timeframes visible on our website are estimates only and delays can occur for reasons beyond our control. We do not assume any liability for any delay in delivery whatsoever caused. In the unlikely event that you do not receive the product within 30 days from the date you placed your order, you may immediately cancel your order, and we will issue a full refund in accordance with our return, replacement and refund policy.

All product prices on our Website are quoted in USD. You are required to authorise the payment at the time you place your order. We may in our sole discretion change our product prices at any time without giving any prior notice to you. Unless we in our sole discretion determine that the product price listed on our website is incorrect, you will be liable to pay the product price listed on our Website at the time you place your order. If we decide that a product price listed on our Website is incorrect, we will contact you and offer you an opportunity to place your order at the correct price. We will not be held responsible for any delays and non-deliveries arising as result of chargebacks.

Cancellation Policy

You can cancel your order any time before we dispatch it without incurring any obligations. If you wish to cancel an order after dispatch, you can do so any time within 30 days from the date you place your order. Please note where you cancel your order after the product has been dispatched, you will be required to return the product to the returns address provided by us within 14 days of receipt. Please note, where you choose to return a product due to no fault on our part, you will become liable for the payment of two-way shipping fees.

To exercise your right to cancel, please contact us at info@kayakalee.com by using the word “Cancellation” in the subject line. Please note that all sales will be deemed final after 30 days from the date of purchase and the Company is not under any obligation to accept return and offer you a refund for requests received after 30 days.

 

The Company reserves the right to cancel an order at any time after the occurrence of either:

  1. the products ordered being unavailable for any reason, or
  2. the customer is in breach of any provisions of these terms;
  3. We cease our business operation for any reason

7.    Gift Vouchers

We may, in our sole discretion decide to offer gift vouchers that can be used to purchase products available on our website. In the event where we decide to offer gift vouchers, the sale and use of our gift vouchers will be governed by this provision. If you do not agree with these terms, please do not purchase a gift voucher:

 

  • Redeeming gift voucher – By purchasing a gift voucher, you represent and warrant to the Company that the gift voucher will be used in a lawful manner without contravention of any applicable laws. Although you are not required to register on the website to purchase a Gift Voucher, you may be required to create an online account to redeem a Gift Voucher. We will charge the amount of the Gift Voucher to a user’s account at the time of purchase. Any personal information that you provide to us at the time of the purchase or redemption of the Gift Voucher will be governed by our Privacy Policy. You can only redeem a Gift Voucher to purchase a product that is available at kayakalee.com and for the value listed on the Gift Voucher. We may, at any time and in our sole discretion change the way you can redeem a Gift Voucher. Should you wish to acquire a product that either exceeds or is below the Gift Voucher amount, you may become liable or entitled to settle the balance with the Company through your customer account. PLEASE NOTE THAT YOUR GIFT VOUCHER MAY EXPIRE ON THE DATE STATED ON THE VOUCHER IF ANY.
  • Loss of gift vouchers – In the event, your gift voucher is lost or stolen, please immediately contact us at info@kayakalee.com to cancel your gift voucher. We will take steps to cancel your previous gift voucher and re-issue a new gift voucher with the balance of amount in your previous gift voucher. Please note that we do not have any liability to you for lost or stolen gift vouchers or any unauthorized use of your account. The risk of loss and title for a gift voucher will pass on to the customer upon payment.

8.    Promotional Codes

The Company may, in its sole discretion, create and offer promotional codes that are redeemable for credit in your account and can only be used towards purchasing products offered by the Company. You understand and accept that Company uses promotional codes to increase its marketing reach and therefore promotional codes can only be used once per person. Please note that additional terms and conditions may apply to use of promotional codes and by using a promotional code, you agree to be bound by those additional terms and conditions. Promotional codes may expire on the date specified in the promotion and may not be redeemed for cash or transferred to another account. The Company reserves the right to withhold or deduct any credits or benefits in your account which are obtained from the use of promotional codes if we suspect any abuse, fraud or any other illegal activity on your part.

9.    International Customs Charges

You acknowledge that international deliveries may incur import duties and taxes imposed by the customs department of your country. Unless expressly stated otherwise, all such duties and taxes will be borne by the Customer and the Company will not be liable for any additional charges that you may be required to pay to your local authorities. You are advised to familiarise yourself with all applicable laws and regulations to ensure that you are in compliance with your local laws before ordering any product through the Website.

10.  User Conduct

You understand and agree that:

  • You will not use the website for any unlawful or illegal purposes;
  • You will only use the website and products offered by the Company in accordance with all applicable laws and regulations;
  • You will not attempt to deceive us or any third-party by providing any false, inaccurate, misleading or incorrect information;
  • You will not impersonate another person or use another User’s username and password to access the website;
  • You will not modify, adapt, translate, or reverse engineer any portion of the Website;
  • You will not use any automated routines in order to scrape any data/information from any part of the Website;
  • You will not reformat or frame any portion of the website;
  • You will not post or submit any content or material on any website, that falsely expresses or implies that such content or material is sponsored or endorsed by the Company;
  • You will not transmit any viruses, defects, trojan horses or other items or software of a destructive or malicious nature;
  • You will not copy or store any content offered by the Company for other than your own personal use;
  • You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
  • You will not reproduce, distribute, display or make available any data, information or part of the website to any third-party without the express written consent of an authorized representative of the Company.

11.  Intellectual Property

All products sold on www.kayakalee.com and all content made available by the Company including without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company and subject to trademark, copyright and other intellectual property rights under the local and international laws and conventions. You agree not to copy, sell, transfer, license, sublicense, assign, reproduce, republish, disassemble, decompile, reverse engineer or distribute any Company Content in any way except as intended under the Agreement. You further agree not to adapt, alter or create a derivative work from any Company Content without the prior written permission of the Company. You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content. You understand that any use of Company Content on any website, system or application that not owned and operated by us is strictly prohibited.

We hereby grant you a limited, non-exclusive, non-transferable license to use the Company Content for your personal and non-commercial use only.

We reserve the right to prosecute any violations of this provision fully permitted by law. You acknowledge that breach of this provision can incur criminal as well as civil liability.

12.  User Suggestions

If you have ideas or suggestions on how we can improve our product offering, please feel free to share your views with us by sending us an email at info@kayakalee.com. For purposes of full disclosure and avoidance of any conflict, please note that when you submit your suggestion/ideas, you are granting us full and exclusive rights, at our discretion, to use, disclose and otherwise exploit your ideas and suggestions, either by inclusion in our current product line or creation of a new product, in whole or part, without any restriction or compensation to you now or ever in future.

13.  Disclaimer of Warranties; Limitation of Liability

The website and all products and services offered by the Company are provided to you on 'AS IS' and 'AS AVAILABLE' basis for your personal and non-commercial use only, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, specific performance, durability, and non-infringement.

We neither represent nor warrant that your use of the website will be uninterrupted, timely, secure or error-free or any results that may be obtained from the use of the service. You expressly agree that your use of, or inability to use, the website is at your sole risk.

IN NO EVENT SHALL THE COMPANY, OR ITS AGENTS BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM OR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGE OF ANY NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCT MADE AVAILABLE BY THE COMPANY, EVEN IF THE COMPANY WAS ADVISED OF SUCH POSSIBILITY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN THE EVENT THE ABOVE LIMITATION DOES NOT APPLY TO YOU, THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ANY DAMAGE OR LOSS SUFFERED SHALL NOT EXCEED THE GREATER OF FIFTY USD OR THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM.

14.  Indemnity

You agree to release, defend, indemnify, and hold harmless the Company, its founders, employees, affiliates against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

(i) The violation of these Terms by you;

(ii) Your gross negligence or willful misconduct, or;

(iii) The infringement by you, or any third party using your online account on the website, of any intellectual property or other rights of any person or entity.

15.  Governing Law

The Company is operating from Israel and this Agreement shall be construed in accordance with the laws of the land. Any action or claims brought against the Company must be brought in the court of law with appropriate jurisdiction to rule upon the matter located in Israel.

16.  Entire Agreement

These Terms, including the Privacy Policy, which incorporated herein by reference, constitutes the entire understanding between you and the Company and supersedes all previous agreements.

17.  Heading

The headings used in this agreement are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

18.  Assignment

The Company may assign any of its responsibilities/obligations to any other person without notice to the User, at its sole discretion. However, User may not assign, sublicense or otherwise transfer any of their rights under these Terms to any other party with express wrote consent of the Company.

19.  Severability

If applicable law finds any provision of this Agreement to be unlawful, void, or for any reason unenforceable, then such provision will only be limited to the minimum extent necessary and such limitation will not impact the validity and enforceability of the remainder of this Agreement.

20.  Force Majeure

Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

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