Terms of Service
Overview
This website is operated by BPS WaterSports. In these Terms, “we”, “us” and “our” refer to BPS WaterSports.
BPS WaterSports provides you with access to this website and all information, tools and services contained within it, subject to your full acceptance of all terms, conditions, policies and disclosures set out in this agreement.
By accessing our website and/or purchasing products from us, you consent to the use of our “Services” and agree to be bound by the following terms and conditions (the “Terms of Service” or “Terms”), including any additional terms, conditions and policies referenced herein and/or accessible via hyperlink. These Terms apply to all users of the website, including but not limited to browsers, suppliers, customers, merchants and/or content contributors.
Please read these Terms carefully before accessing or using our website. Your access to or use of any part of the website constitutes your agreement to be bound by these Terms. If you do not agree to all terms and conditions of this agreement, you may not access the website or use any Services. If these Terms are deemed an offer, your acceptance is limited strictly to these Terms.
Any new features or tools added to the store shall also be subject to these Terms. You may review the most current version of the Terms on this page at any time. We reserve the right to update, modify or replace any part of these Terms by posting revisions on our website. You are responsible for regularly reviewing this page for changes. Your continued use of or access to the website after changes are posted constitutes your acceptance of those changes.
Our store is hosted by Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
Article 1 – Online Store Terms
By agreeing to these Terms, you represent and warrant that:
You have reached the legal age of majority in your state or province of residence; or
You are of legal age and consent to your minor dependents using this website.You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) while using the Services.
You must not transmit any worms, viruses or other code of a destructive nature.
A breach of any provision of this agreement will result in the immediate termination of your access to the Services.
Article 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve:
(a) transmissions across various networks;
(b) adjustments to conform to the technical requirements of connecting networks or devices.
Credit card information is always encrypted during network transmission.
(a) transmissions across various networks;
(b) adjustments to conform to the technical requirements of connecting networks or devices.
Credit card information is always encrypted during network transmission.
You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, access to the Services, or any content on the website through which the Services are provided, without our express written permission.
Headings used in this agreement are for convenience only and shall not limit or otherwise affect the application of these Terms.
Article 3 – Accuracy, Completeness and Timeliness of Information
We shall not be liable if any information on this website is inaccurate, incomplete or out of date. Content on this website is provided for general information only and shall not be used as the sole basis for making decisions without consulting more accurate, complete, or timely sources of information. Any reliance on material on this website is at your sole risk.
This website may contain certain historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to modify content on this website at any time, but have no obligation to update any information. You agree to monitor changes to our website independently.
Article 4 – Modifications to Services and Prices
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Services (or any part or content thereof) at any time without prior notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services.
Article 5 – Products or Services (if applicable)
Certain products or services may be available exclusively online through this website. These products or services may be limited in quantity and may be returned or exchanged only in accordance with our Refund Policy: https://bluepenguinsport.com/pages/refund-policy
We have made every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to restrict sales of our products or services to any person, geographic region or jurisdiction, and may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of any products or services we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service on this website is void where prohibited by law.
We do not warrant that any products, services, information or other materials purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
Article 6 – Accuracy of Billing and Account Information
We reserve the right to refuse any order you place. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions apply to orders placed using the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we modify or cancel an order, we may attempt to notify you using the email address and/or billing address/phone number provided with the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, credit card number and expiration date, so that we can complete your transactions and contact you as needed.
For further details, please review our Refund Policy: https://bluepenguinsport.com/pages/refund-policy
Article 7 – Optional Tools
We may provide you with access to third-party tools, over which we have no monitoring, control or input.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind, express or implied, and without any endorsement. We shall have no liability arising from or related to your use of optional third-party tools.
Your use of optional third-party tools provided through this website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms governing such tools provided by the relevant third-party providers.
We may also offer new services and/or features through the website in the future (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
Article 8 – Third-Party Links
Certain content, products and services available through our Services may include materials from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy of third-party materials, and do not warrant or assume any liability for any third-party materials, websites or other third-party products or services.
We shall not be liable for any harm or damages relating to the purchase or use of goods, services, resources, content or any other transactions conducted in connection with any third-party websites. Please carefully review the policies and practices of third parties and ensure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.
Article 9 – User Comments, Feedback and Other Submissions
If you submit specific content at our request (e.g., contest entries), or voluntarily submit creative ideas, suggestions, proposals, plans or other materials (whether online, by email, mail or otherwise, collectively “Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use your Comments in any medium. We have no obligation to:
(1) keep Comments confidential;
(2) pay compensation for Comments;
(3) respond to any Comments.
(1) keep Comments confidential;
(2) pay compensation for Comments;
(3) respond to any Comments.
We may (but are not obligated to) monitor, edit or remove content that, in our sole discretion, is unlawful, offensive, threatening, defamatory, obscene, indecent or otherwise objectionable, or that infringes any party’s intellectual property rights or these Terms.
You agree that your Comments will not violate any third-party rights, including copyright, trademark, privacy, publicity or other personal or proprietary rights. You further agree that your Comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or any computer virus or other malicious code that could affect the functionality or operation of the Services or related websites. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you post and their accuracy. We assume no responsibility or liability for any Comments posted by you or any third party.
Article 10 – Personal Information
Your personal information submitted through the store is governed by our Privacy Policy, available at: https://bluepenguinsport.com/pages/privacy-policy
Article 11 – Errors, Inaccuracies and Omissions
Occasionally, information on this website or within the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services is inaccurate at any time without prior notice (including after you have submitted your order).
Unless required by law, we undertake no obligation to update, amend or clarify information in the Services or any related website, including pricing information. Any update or refresh date posted on this website or related website does not indicate that all information on the website has been modified or updated.
Article 12 – Prohibited Uses
In addition to other prohibitions set forth in these Terms, you may not use this website or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial, state or local laws, regulations or ordinances;
(d) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial, state or local laws, regulations or ordinances;
(d) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services, related websites, other websites or the internet;
(h) to collect or track the personal information of others;
(i) to engage in spamming, phishing, malware distribution, identity spoofing, web scraping or similar activities;
(j) for any obscene or immoral purpose;
(k) to interfere with or circumvent the security features of the Services, related websites, other websites or the internet.
We reserve the right to terminate your use of the Services or related websites for violating any of these prohibited uses.
Article 13 – Disclaimer of Warranties; Limitation of Liability
We do not warrant, represent or guarantee that your use of our Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results obtained from the use of the Services will be accurate or reliable.
You agree that we may remove the Services for indefinite periods or discontinue the Services at any time, without notice.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. Except as expressly stated by us, the Services and all products and services provided to you through the Services are provided “as is” and “as available” without any warranties or conditions of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement.
In no event shall BPS WaterSports, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any personal injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, data loss, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products purchased using the Services, or any other claim related in any way to your use of the Services or any product, even if we have been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, our liability in such jurisdictions shall be limited to the fullest extent permitted by law.
Article 14 – Indemnification
You agree to defend, indemnify and hold harmless BPS WaterSports and its parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against any third-party claims or demands, including reasonable attorneys’ fees, arising from your breach of these Terms, any documents incorporated by reference, your violation of any law, or your violation of any third-party rights.
Article 15 – Severability
If any provision of these Terms is found to be unlawful, void or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severable from these Terms. Such finding shall not affect the validity and enforceability of the remaining provisions.
Article 16 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms remain in effect until terminated by you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Services, or by ceasing to access the website.
We may also terminate this agreement at any time without notice if, in our sole discretion, you fail to comply with any term or condition of these Terms. Upon termination, you shall remain liable for all amounts due up to the date of termination; and/or we may deny you access to the Services (or any part thereof).
Article 17 – Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this website in connection with the Services constitute the entire agreement between you and us, govern your use of the Services, and supersede all prior or contemporaneous oral or written agreements, communications and proposals between you and us (including but not limited to prior versions of these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Article 18 – Governing Law
These Terms and any separate agreements under which we provide Services to you shall be governed by and construed in accordance with the laws of the People’s Republic of China.
Article 19 – Changes to Terms of Service
You may review the most current version of these Terms on this page at any time.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms by posting updates on our website. You are responsible for regularly reviewing our website for changes. Your continued use of or access to our website or the Services after changes to these Terms are posted constitutes your acceptance of those changes.
Article 20 – Contact Information
Questions regarding these Terms may be sent to: bpsash418@163.com
Our contact details:
Email: bpsash418@163.com
WhatsApp: +86 18124718249
Email: bpsash418@163.com
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