Terms of service

These Terms of Service ("Terms") govern your use of dolphinkayak.ca (the "Site") and your purchase of any products ("Goods") from us. Please read them carefully before placing an order.

By accessing or using the Site, or by placing an order, you agree to be bound by these Terms and by our Refund Policy, Shipping Policy, and Privacy Policy, each of which is incorporated by reference. If you do not agree to these Terms, please do not use the Site or place an order.

1. Definitions

In these Terms, unless context requires otherwise:

"We", "us", "our", and "Dolphin Kayak" refer to Dolphin Kayak, a Canadian-owned business operating from British Columbia.
"You", "your", and "Customer" refer to the person accessing the Site or placing an order.
"Goods" means any physical products offered for sale on the Site, including paddleboards, kayaks, and related accessories.
"Order" means a request submitted by you through the Site to purchase Goods.
"Order Confirmation" means the email sent by us confirming acceptance of your Order. A binding contract is formed only upon Order Confirmation.

2. About Us

The Site is operated by Dolphin Kayak, based in Greater Vancouver, British Columbia, Canada. For our mailing address, please email hello@dolphinkayak.ca.

The Site is hosted on Shopify Inc. Shopify provides the e-commerce platform; our agreement with you is with Dolphin Kayak, not Shopify.

3. Acceptance and Eligibility

By placing an Order, you represent that:

You are at least the age of majority in your province or state of residence (19 in British Columbia)
You have the legal capacity to enter into a binding contract
The information you provide is accurate, current, and complete
You are purchasing the Goods for personal use or as a gift, and not for commercial resale unless we have agreed in writing

We reserve the right to refuse service, cancel orders, or limit purchase quantities at our discretion, including where we suspect resale, fraud, or violation of these Terms.

4. Online Store and Account

You are responsible for maintaining the confidentiality of any account credentials you create on the Site. You must provide accurate purchase and contact information and must promptly update your information if it changes.

You may not use the Site or our Goods for any unlawful or unauthorized purpose, nor may you transmit any malicious code, attempt to interfere with the Site's operation, or attempt to access areas of the Site not made publicly available.

5. Products, Pricing, and Availability

We make reasonable efforts to display product images and descriptions accurately. However:

Colours displayed on your screen may differ slightly from actual product colours due to monitor and lighting variation
Product weights, dimensions, and specifications are nominal and may vary within manufacturing tolerances
Stock levels are updated as accurately as possible but are not always real-time

All prices are listed in Canadian Dollars (CAD) and are exclusive of applicable taxes. Taxes (GST, HST, PST, or QST as applicable) are calculated and added at checkout based on your shipping address.

We reserve the right to change prices, modify product offerings, correct pricing errors, or discontinue any product at any time without notice. If a pricing error is identified after an Order is placed but before dispatch, we will contact you with the option to cancel the Order or proceed at the corrected price.

6. Orders and Acceptance

Your Order constitutes an offer to purchase Goods at the listed price. No contract is formed until we send you an Order Confirmation by email. We reserve the right to decline any Order at our sole discretion. Reasons we may decline include, without limitation:

Stock unavailability
Suspected fraud or chargeback risk
Pricing or product description error
Shipping address outside our service area
Suspected resale or commercial purpose

If we decline an Order after payment has been taken, we will refund the full amount within 10 business days.

7. Payment

Payment is required in full at the time of Order. We accept the payment methods displayed at checkout, which may include credit/debit card, Apple Pay, Google Pay, Shop Pay, and PayPal. Payment is processed by third-party processors; we do not store full credit card details on our servers.

8. Delivery and Shipping

Delivery is governed by our Shipping Policy at /policies/shipping-policy. Risk of loss or damage to Goods passes to you upon delivery to the shipping address you provided.

If you provide an incorrect or incomplete address and the package is returned to us as undeliverable, we may charge you the cost of redelivery, or refund the Order less original shipping and any return-to-sender courier fees.

9. Returns and Refunds

Returns are governed by our Refund Policy at /policies/refund-policy, which provides a 30-day return window for change-of-mind and a 7-day window for damage-on-arrival.

Manufacturing defects discovered after these windows are covered by the Warranty Terms in Section 10 below.

10. Warranty Terms

This Section sets out the limited warranty offered by Dolphin Kayak. This warranty is in addition to, and does not replace or limit, your rights under applicable provincial consumer protection legislation, including the British Columbia Business Practices and Consumer Protection Act.

10.1 Coverage Period

Subject to the conditions and exclusions below, Dolphin Kayak warrants that Goods purchased directly from dolphinkayak.ca will be free from defects in materials or workmanship for the following periods, calculated from the date of delivery:

Component	Warranty Period
Paddleboard or kayak (main hull)	2 years
Hand pump (manual or electric)	1 year
Paddle, leash, backpack, fin, repair kit, and other accessories included in the box	90 days

If a Good is replaced under warranty, the replacement is covered for the remainder of the original warranty period, not a new term.

10.2 Eligibility

This warranty applies only to:

The original purchaser identified on the Order Confirmation
Goods purchased directly from dolphinkayak.ca
Goods used in accordance with the product manual, included care instructions, and intended purpose

This warranty is non-transferable. It does not transfer to subsequent owners through resale, gift, or any other transfer of possession, except as required by applicable law.

Goods purchased from a third party (including but not limited to online marketplaces, second-hand sellers, and any retailer not authorized by us in writing) are not covered by this warranty.

10.3 What This Warranty Covers

This warranty covers defects in materials or workmanship that arise during normal recreational use, in accordance with the product manual. Examples of covered defects include, without limitation:

Seam separation not caused by impact or over-pressurization
Manufacturing defects in the drop-stitch core or laminate construction
Defective valves
Defective pump components (within the pump warranty period)
Defective stitching, fasteners, or hardware on accessories (within the accessory warranty period)

10.4 What This Warranty Does NOT Cover

This warranty does not cover damage, defects, or failures arising from any of the following. Claims under this Section may be refused on inspection where the issue arises from:

Heat and over-pressurization damage caused by leaving an inflated board exposed to direct sunlight or high ambient temperatures, including parking lots, beach lounging, vehicle interiors, or rooftops in summer heat. The product manual instructs owners to release internal pressure ("burp" the board) when leaving it inflated and exposed to heat. Failure to follow this instruction is misuse.
Storage of an inflated board in temperatures above 32°C or below 0°C
Storage in damp or closed conditions (e.g., inside a wet board bag), which can cause delamination
Impact damage, including but not limited to contact with rocks, docks, shore, the lake or ocean floor, watercraft, or other paddleboards
Punctures, cuts, abrasions, scrapes, or scratches from normal use, transport, or contact with sharp objects
Heel dents and pressure dings from standing position over time
Use beyond the maximum stated payload of the board
Cosmetic wear, fading, discoloration, or surface marks from UV exposure or normal use
Use in whitewater, surf zones, ocean swell beyond manufacturer recommendations, or any environment outside the product's intended purpose
Commercial use, rental use, or use for instruction or hire
Lost or stolen Goods
Modifications, alterations, or repairs carried out by anyone other than Dolphin Kayak or a person authorized by Dolphin Kayak
Damage caused by the use of solvents, adhesives, or chemicals not recommended in the product manual
Damage occurring during transport by a third party arranged by you
Damage caused by negligence, accident, abuse, or failure to follow the care and maintenance instructions provided in the product manual or on /pages/warranty

We reserve the right to inspect any item submitted for warranty service, to require photographs or video evidence, and to refuse a warranty claim where, in our reasonable judgment, the issue is not a manufacturing defect or where the item shows signs of misuse, neglect, modification, or damage inconsistent with a manufacturing fault.

10.5 Tiered Remedy by Time of Claim

Subject to confirmation that the issue is a covered defect:

Time Since Delivery	Available Remedies
0 – 60 days	Replacement of the affected Good, or repair, or refund of the affected Good's price, at our discretion
61 days – 6 months	Replacement of the affected Good, or repair, at our discretion
6 months – end of warranty period	Repair, replacement with a refurbished or comparable item, or replacement of the affected component (e.g., a replacement valve, pump, or fin) at our discretion

Where appropriate, and as our preferred remedy, we may ship a replacement part (such as a valve, fin, or pump component) without requiring return of the entire item. This is faster for you and reduces shipping waste on both sides.

10.6 How to Make a Warranty Claim

To start a claim, email hello@dolphinkayak.ca with the subject line "Warranty Claim — [Order Number]" and include:

Your order number and the date of delivery
A short written description of the issue and how it occurred
Clear photographs of the defect, the affected area, and the product as a whole
Where applicable, video showing the defect (e.g., air loss, valve failure)
Your current shipping address and contact phone number

We aim to acknowledge warranty inquiries within 5 business days. After review, we'll confirm whether the claim is covered and, if so, the remedy and any return shipping arrangements.

10.7 Return Shipping for Warranty Claims

If a warranty claim is approved and we require the item to be returned for inspection or repair:

For claims approved within 6 months of delivery, we will provide a prepaid return label
For claims approved after 6 months, the customer is responsible for return shipping. We strongly recommend a tracked, insured service. We are not responsible for items lost or damaged in transit on a return shipment

The original packaging, or suitable replacement packaging that adequately protects the Goods, must be used. We are not liable for damage caused by inadequate packaging on return.

10.8 Limits on Remedy

Our total liability under this warranty is limited to the purchase price of the affected Good. We are not liable under this warranty for any direct, indirect, incidental, special, or consequential damages, including but not limited to lost time, lost profits, loss of use, transportation costs, or replacement cost of personal property other than the Good itself.

This limitation does not apply where prohibited by applicable law, including liability for personal injury or death caused by our negligence.

11. Faulty, Damaged, or Incorrect Items on Arrival

Items that arrive damaged in transit, defective, or different from what you ordered are handled under Section 2 of our Refund Policy, with a 7-day claim window from the date of delivery.

12. Safety and Use at Your Own Risk

Paddleboarding, kayaking, and the use of any inflatable watercraft involve inherent risks, including but not limited to risk of drowning, hypothermia, collision, capsizing, injury, and death.

By purchasing and using Goods from Dolphin Kayak, you acknowledge and agree that:

You assume full responsibility for your own safety and the safety of others using the Goods
You will read and follow the product manual and all included care and use instructions
You will use a personal flotation device (PFD) appropriate for your weight, the conditions, and applicable provincial law
You will use the leash provided with the board when applicable
You will paddle within your physical ability, in conditions appropriate for your skill level
You will not use the Goods in conditions or environments outside the manufacturer's recommendations (including high winds, large surf, whitewater, or extreme cold water) unless properly trained and equipped
You will not consume alcohol or impairing substances while using the Goods
You are responsible for complying with all applicable boating, watercraft, and safety regulations in your jurisdiction

To the maximum extent permitted by law, Dolphin Kayak is not liable for any injury, loss, or damage arising from the use or misuse of our Goods, including any failure by you or another user to follow these safety guidelines.

13. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Dolphin Kayak, our directors, officers, employees, contractors, or suppliers be liable for any indirect, incidental, special, punitive, or consequential damages arising from or related to your use of the Site, your use of any Goods, or any breach of these Terms. This includes, without limitation, damages for lost profits, lost revenue, loss of data, or loss of goodwill, even if we have been advised of the possibility of such damages.

Where applicable law does not permit the exclusion or limitation of certain liabilities, our liability is limited to the maximum extent permitted by that law. Nothing in these Terms limits our liability for personal injury or death caused by our negligence, or for fraud or fraudulent misrepresentation.

Our total aggregate liability arising from or related to these Terms or any single transaction shall not exceed the amount you paid for the Goods that gave rise to the claim.

14. Indemnification

You agree to indemnify and hold harmless Dolphin Kayak and our directors, officers, employees, contractors, and suppliers from and against any claim, loss, liability, damage, cost, or expense (including reasonable legal fees) arising out of:

Your breach of these Terms
Your misuse of the Goods or the Site
Your violation of any law or the rights of any third party

15. Force Majeure

We are not liable for any failure or delay in performing our obligations under these Terms where the failure or delay results from causes beyond our reasonable control. Such causes include, without limitation: severe weather, natural disaster, fire, flood, earthquake, pandemic, epidemic, public health restriction, war, civil unrest, terrorism, supply chain disruption, courier or postal disruption, internet or power failure, cyberattack, governmental order, and labour disruption.

Where such an event materially delays our performance, we will inform you, take reasonable steps to mitigate the delay, and extend our performance timelines accordingly.

16. Intellectual Property

All content on the Site — including text, graphics, photography, video, audio, logos, product names, trademarks, and the underlying source code — is the property of Dolphin Kayak or our licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

You may view, download, and print Site content for personal, non-commercial use only. You may not reproduce, distribute, modify, transmit, publish, or create derivative works from any Site content without our prior written consent.

The Dolphin Kayak name and logo are trademarks of Dolphin Kayak. You may not use our trademarks without our prior written consent.

17. User Content

If you submit reviews, photos, comments, or other content to the Site (including via third-party review apps), you grant Dolphin Kayak a non-exclusive, royalty-free, worldwide, perpetual licence to use, reproduce, modify, publish, and distribute that content in connection with our marketing and operations, in any medium.

You represent that any content you submit:

Is your own original work or you have the right to submit it
Does not infringe the rights of any third party
Is not unlawful, defamatory, obscene, or harassing
Does not contain malicious code

We reserve the right to remove or edit any user content at our discretion.

18. Privacy

Your personal information is handled in accordance with our Privacy Policy at /policies/privacy-policy. By using the Site or placing an Order, you consent to the collection, use, and disclosure of your personal information as described in that policy.

19. Third-Party Tools and Links

The Site may contain links to third-party websites, services, or tools (for example, courier tracking, payment processors, review apps). We do not control these third parties and are not responsible for their content, accuracy, policies, or practices. Your use of any third-party site or service is at your own risk and subject to that party's terms.

20. Changes to These Terms

We may revise these Terms from time to time. The revised Terms take effect when posted on the Site. Material changes will be highlighted at the top of this page for a reasonable period after posting. Your continued use of the Site or placement of new Orders after revised Terms are posted constitutes acceptance of the revised Terms.

These Terms govern Orders placed on or after the effective date shown on this page. Orders placed before that date are governed by the version of the Terms in effect at the time of the Order Confirmation.

21. Termination

We may terminate or suspend your access to the Site at any time, without notice, for breach of these Terms or for any other reason at our discretion. Sections that by their nature should survive termination — including Sections 10 (Warranty Terms), 13 (Limitation of Liability), 14 (Indemnification), 16 (Intellectual Property), and 24 (Governing Law) — will survive termination.

22. Severability and Waiver

If any provision of these Terms is held to be unlawful, invalid, or unenforceable, that provision will be deemed severed, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

23. Entire Agreement

These Terms, together with our Refund Policy, Shipping Policy, and Privacy Policy, constitute the entire agreement between you and Dolphin Kayak regarding the Site and your purchase of Goods, and supersede all prior agreements, communications, and understandings, whether oral or written.

24. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.

Any dispute arising from or relating to these Terms or your use of the Site will be subject to the exclusive jurisdiction of the courts of British Columbia, except that we may seek injunctive or equitable relief in any court of competent jurisdiction.

If you are a consumer, this clause does not deprive you of the protection of mandatory provisions of consumer law in your province of residence.

25. Contact

Questions about these Terms? Email hello@dolphinkayak.ca or visit /pages/contact-us.

These Terms of Service were last updated on the date shown in our Shopify admin.