Policy | Dragon Kayak

Cancellation Policy

Please note purchases cannot be modified or cancelled once an order is placed. It is your responsibility to verify the accuracy of your order. We reserve the right at any time, even after we send you a confirmation email, to decline or cancel your order or to limit order quantities for any reason, including errors or suspected fraud.

Return Policy

Return time window from the day of purchase:

For regular priced items: 30 days
For sales items: 15 days

If within the return window you want to return the items, please email us and let us know you are sending it. We will then work with you to arrange the return, for example we will provide the return address. ANY costs associated with shipping the item back will be your responsibility along with the 10% restocking fee that will be deducted from the refund. Refunds will not be given until all items have been returned and accounted for. All item must in original package and unused. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. A 20% or higher restocking fee will be applied if the item is used. We recommend using a trackable shipping service. We cannot guarantee that we will receive the item you are attempting to return.

Specification

Please note that information on dragon-kayak's site or other manuals or documents regarding the kayak is an estimate, not a guarantee. There are many factors that contribute to actual, real-world weight capacity for an kayak such as distribution of the weight, wind speed, water flow. dragon-kayak reserves the right to use substitute parts, material, or equipment of equivalent quality and value that meet its strict standards).

Waiver of liability

Please read carefully before proceeding with your purchase. The Dragon Kayak does not assume any liability for any of its products. By purchasing an item from this website, the customer agrees to release The Dragon Kayak of any and all liability.

In the event you fail to comply with these terms, you assume full responsibility for any personal injury or property damage resulting from your use of the kayak and expressly waive to the fullest extent of the law, any claims related to the kayak relating to personal injury or property damage.

Dragon Kayak's kayaks ARE NOT TO BE OPERATED BY ANYONE UNDER THE AGE OF 16. Children under the age of 16 may lack the necessary judgement and skill to safely operate the kayak, potentially resulting in damage to the kayak, damage to other property, serious injury, and/or death. You assume the responsibility to ensure the age of the operator is at least 16 years old and comply with your local laws and regulations regarding operator age and other qualifications
IN THE EVENT A MINOR OPERATES THE KAYAK, THE MINOR AND THEIR PARENT/GUARDIAN ASSUME FULL RESPONSIBILITY FOR ANY ACTIONS THE MINOR MAY TAKE AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WAIVE ANY CLAIMS RELATED TO SUCH ACTIVITY, INCLUDING BUT NOT LIMITED TO CLAIMS ASSERTING PERSONAL INJURY OR PROPERTY DAMAGE.
Using a kayak without a life jacket puts you at very high risk of serious injury or death. Always wear a properly fitted life jacket that protect you from drowning. You assume full responsibility to familiarize yourself and ensure the operator and any passengers adhere applicable life jackets and safety laws or regulation where you use the kayak.
Any kayak is subject to wear and tear, and certain components and fasteners can stretch or loosen with the vibrations and stress of normal operation. You must check your kayak before. Failure to do so could result in property damage, serious injury, or death. You assume full responsibility to perform a pre-use safety check on the kayak before each use.
Using any kayak involve certain risks, including but not limited to the risk of serious injury or death. You assume full responsibility for the risks involved in your use of the kayak or related merchandise and related activities. Always check the weather and plan your activities in a good weather.
Incorrect assembly, maintenance, or use of your kayak can cause component or performance failure, loss of control. Serious injury, or death. You must read and understand the entire owner’s manual and any documentation provided for subcomponents or accessories before using. Unless your kayak was assembled by Dragon Kayak's retail or service team, you assume full responsibility for the proper maintenance and the proper assembly and/or reassembly of your kayak.
To the fullest extent permitted by law, you agree to RELEASE AND HOLD HARMLESS Dragon Kayak from all Dragon Kayak, causes or actions, claims, and demands that arise in any way from any injury, death, loss, or harm that you sustain or that any other person or any property sustained as a result of your use of the kayak. This RELEASE includes but is not limited to claims based on negligence, defects in the design, manufacture, maintenance, assembly or inspection of the kayak.

Any alterations, modifications, or other changes made by you to an item following your purchase which may affect the safety, operation, or mechanics of the item may void the Limited Warranty and shall be at your sole risk of harm. Dragon Kayak shall not be liable for any alterations or modifications you make to Dragon Kayak's products. Dragon Kayak is constantly improving their designs and products and is not responsible for previous customer purchases.

Pre-Orders and Custom-Orders and Pre-Order/Custom-Order Cancellations

Our pre-order process is for kayaks that are temporarily out of stock. Our custom-order allows you to choose color and options. For all pre-orders and custom-orders, your credit/debit card will be charged immediately. There will be no delay in payment collection, regardless of when the item is expected to ship. Any cancellation of a pre-order or back-order prior is subject to our cancellation policy. Please understand that pre-order and custom-orders can take 8 weeks and even longer to manufacture and deliver.

Payments

Our website is powered by Wix and all payments made by you are processed through Wix's payment portal. All applicable taxes (including sales tax) will be collected on all orders where such taxes are required to be collected. Payments may be declined or returned to you, in Dragon Kayak's sole discretion, for any reason or no reason at all. If we accept a pre-order of any Product, your account, credit card, or other payment mechanism will be charged upon approval by Dragon Kayak, regardless of when your purchase is expected to ship. If any credit card chargeback of any amount is issued on an order, the Limited Warranty for that order will be paused until the chargeback has been resolved.

Liability

WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A DIRECT RESULT OF OUR BREACH OF THESE TERMS AND WHICH ARE REASONABLY FORESEEABLE AND SUBJECT TO THE LIMITATIONS IN THESE TERMS AND DRAGON KAYAK'S POLICIES AS SET FORTH ON THIS SITE. OUR LIABILITY FOR ANY LOSS OR INJURY SHALL, TO THE FULLEST EXTENT OF THE LAW, BE LIMITED TO PURCHASE THE AMOUNT OF OUR PRODUCTS GIVING RISE TO SUCH LOSSES OR INJURIES. WE ARE NOT LIABLE FOR ANY OTHER LOSSES OR INJURIES – ALL OF WHICH SHALL BE MITIGATED BY ANY LOSS OR INJURY ARISING FROM YOUR ACTS OR OMISSIONS. THESE TERMS DO NOT EXCLUDE OR LIMIT OUR LIABILITY (IF ANY) FOR: (i) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE; (ii) FRAUD; (iii) FRAUDULENT MISREPRESENTATION; OR (iv) ANY MATTER WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE OR ATTEMPT TO EXCLUDE OUR LIABILITY. YOU MAY HAVE OTHER RIGHTS GRANTED BY LAW AND THESE TERMS DO NOT AFFECT SUCH RIGHTS.

We recommend contacting your insurance provider to determine if your current insurance policy would cover you in the event of an accident. Please carefully review the waiver of subrogation requirement on this page which is a material provision of these Terms.

Disclaimer of Implied Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY DRAGON KAYAK, INCLUDING BUT NOT LIMITED TO THE KAYAKS, ARE WARRANTED ONLY TO THE EXTENT EXPRESSLY STATED IN THE APPLICABLE PRODUCT WARRANTY PROVIDED WITH YOUR PRODUCT. OTHERWISE, THE PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. DRAGON KAYAK AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, DRAGON KAYAK, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY: (A) THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED.

Disclaimer of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DRAGON-KAYAK OR ANY OF ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE PRODUCTS, EVEN IF DRAGON-KAYAK, ITS AFFILIATES OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Acknowledgement and Indemnification

You acknowledge that there are inherent anticipated and unanticipated risks and dangers involved with the use of our Products, including the kayaks, whether intended or as a result of misuse. You understand that such risks can result in injury, death, illness or disease, physical or mental damage to yourself, your property, other third parties and their property, or to the property of dragon-kayak. You agree to release, waive, defend, indemnify, and hold dragon-kayak and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your purchase or use of any Products; (b) any violation by you of these Terms; or (c) your violation of another party’s rights or applicable law. Dragon-kayak reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with dragon-kayak in asserting any available defenses.

Waiver of Subrogation

BY AGREEING TO THESE TERMS, YOU EXPRESSLY AGREE TO WAIVE AND SHALL CAUSE ANY APPLICABLE INSURANCE COMPANY UNDER WHICH YOU ARE AN INSURED OR ADDITIONAL INSURED TO WAIVE ANY RIGHT OF SUBROGATION THAT ANY SUCH INSURANCE CARRIER MAY HAVE AGAINST DRAGON-KAYAK AND/OR THE DRAGON-KAYAK RELEASEES.

The foregoing provision means that any insurance company that provides coverage to you or your real or personal property shall be precluded from seeking reimbursement from dragon-kayak or the dragon-kayak Releasees for any loss after such insurance company compensates you.

Notice and Updates

Dragon-Kayak will provide all notices (including legal process) that dragon-kayak is required to give by any lawful method, including by making notice available through the Site or by sending it to any e-mail or mailing address that you provide to dragon-kayak. You acknowledge that if you do not provide dragon-kayak with current and accurate contact information, dragon-kayak may not be able to contact you.

​​Cancellation Policy