Terms of service

Last Updated: May 21, 2025

Welcome to KiteGearShop.com (the "Site"), operated by KiteGearFix ("we," "us," or "our"). By accessing or using our Site, you agree to comply with and be bound by the following Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Site.

1. General Terms

These Terms apply to all visitors, users, and customers of the Site.

We reserve the right to modify these Terms at any time. Changes will be posted on this page, and your continued use of the Site constitutes acceptance of the updated Terms.

The Site is intended for users who are at least 18 years old or have parental/guardian consent.

2. Products & Orders

All products are subject to availability. We reserve the right to discontinue any product without notice.

Prices are listed in USD and are subject to change without notice.

We strive for accuracy in product descriptions, images, and pricing but do not guarantee that errors will not occur. We reserve the right to correct any errors and cancel orders arising from such mistakes.

Orders are subject to verification, and we may refuse or cancel any order for any reason, including suspected fraud or unauthorized reselling.

3. Payments & Billing

We accept major credit/debit cards and other payment methods as listed at checkout.

By placing an order, you authorize us to charge the provided payment method for the total amount, including taxes and shipping fees.

If payment is declined, your order will not be processed.

4. Shipping & Delivery

Shipping times are estimates and not guaranteed. Delays may occur due to carrier issues or unforeseen circumstances.

Risk of loss or damage passes to you upon delivery.

International customers may be subject to customs fees, taxes, or import duties, which are the customer's responsibility.

Check our Shipping Policy for more details.

5. Returns & Refunds

Please review our Return Policy for details on returns, exchanges, and refunds.

Items must be returned in original condition, unused, and with all tags attached.

Refunds will be processed to the original payment method within 7 business days after receiving the returned item.

6. Intellectual Property

All content on the Site (logos, text, images, etc.) is owned by us or our licensors and is protected by copyright and trademark laws.

Unauthorized use, reproduction, or distribution of any content is prohibited.

7. User Conduct

You agree not to:

• Use the Site for any illegal or unauthorized purpose.
• Harass, abuse, or harm others.
• Upload viruses or malicious code.
• Attempt to gain unauthorized access to our systems.

8. Limitation of Liability & Absolute Assumption of Risk

(a) No Warranties on Used Equipment
All used equipment is sold "AS IS" and "WITH ALL FAULTS" without any warranty whatsoever, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or safety. Purchaser acknowledges that used gear may have latent defects not discernible by inspection, and expressly waives any right to rely on seller’s skill or judgment regarding condition.

(b) Unavoidable Extreme Sport Risks
Purchaser acknowledges that kiteboarding, kitesurfing, and related activities (collectively, "the Sport") involve inherent and unavoidable risks including but not limited to:

• Catastrophic equipment failure (e.g., line snaps, kite tears, harness/hook malfunctions)
• Collisions with watercraft, fixed objects, or other participants
• Drowning, near-drowning, or other water immersion injuries
• Spinal cord injuries, traumatic brain injury, paralysis, or death
• Acts of nature including strong winds, waves, currents, lightning, and marine life

(c) Binding Release of All Claims
Purchaser irrevocably and unconditionally releases, discharges, and covenants not to sue KiteGearShop, its owners, employees, agents, successors, and assigns (the "Released Parties") from any and all liability, claims, demands, or causes of action arising from:

1. Equipment failure (whether due to manufacturing defect, improper maintenance, or otherwise)
2. Improper sizing, fit, or selection of gear
3. Inadequate or incorrect safety instructions
4. Any other act or omission, whether negligent or intentional

This release applies to all legal theories including negligence, gross negligence, product liability, strict liability, breach of warranty, and statutory claims.

(d) Express Assumption of Responsibility
Purchaser agrees:
✔ To personally inspect all gear before use and assume all risks of hidden defects
✔ To seek certified professional instruction before using any equipment
✔ To not use gear in conditions exceeding their skill level
✔ That Released Parties shall not be liable even if injury/death results from defects the Released Parties knew or should have known about

(e) Indemnification Against Third Parties
Purchaser agrees to defend, indemnify, and hold harmless Released Parties from all claims brought by third parties (e.g., family members, heirs, or bystanders) related to purchaser’s use of equipment.

(f) Survival & Severability
These provisions shall survive termination of these Terms and shall be severable and independently enforceable. If any clause is deemed unenforceable, all others remain in full force.

(g) Judicial Acknowledgment
Purchaser acknowledges this is a legally binding contract and that they have been given the opportunity to consult independent legal counsel before agreeing. Purchaser warrants they are of sound mind and legal capacity to enter this agreement.

9. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses (including legal fees) arising from your misuse of the Site or violation of these Terms.

10. Governing Law & Dispute Resolution

These Terms are governed by the laws of Florida, USA.

Any disputes will be resolved through arbitration in the shop's jurisdiction, waiving the right to a jury trial or class action.

11. Contact Us

For questions about these Terms, please contact us at:
info@kitegearshop.com

Thank you for shopping at KiteGearShop.com!