BLACKWAKE - Terms of Service
Last updated: January 1, 2025
1. Agreement to Terms
By accessing or using the BLACKWAKE website (blackwake.com) and placing an order with us, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services. These terms apply to all visitors, customers, and users of the site.
2. About BLACKWAKE
BLACKWAKE is an online retail store specialising in premium adventure gear including jet skis, kayaks, performance bicycles, and related equipment. We sell to customers in the United States and the United Kingdom.
3. Eligibility
You must be at least 18 years of age to purchase from BLACKWAKE. By placing an order, you confirm that you are 18 years of age or older and have the legal capacity to enter into a binding agreement. We reserve the right to refuse service to anyone at our sole discretion.
4. Products and Pricing
We reserve the right to modify or discontinue any product at any time without notice. Prices are subject to change without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of a product.
All prices are displayed in USD for US customers and GBP for UK customers. Any applicable taxes or import duties are the responsibility of the customer.
We make every effort to display product images and descriptions as accurately as possible. However, we do not warrant that product descriptions, colours, or other content are accurate, complete, or error-free. If a product you receive is not as described, your sole remedy is to return it in accordance with our Returns Policy.
5. Orders and Payment
By placing an order, you are making an offer to purchase the product(s) at the listed price. We reserve the right to accept or decline any order at our discretion. Your order is confirmed only when you receive a confirmation email from us.
We accept major credit cards and other payment methods as listed at checkout. All payments are processed securely. We do not store your full payment card details.
In the event of a pricing error, we reserve the right to cancel your order and issue a full refund, notifying you promptly by email.
6. Shipping and Delivery
Shipping terms, delivery timeframes, and shipping costs are governed by our Shipping Policy, which forms part of these Terms of Service. By placing an order, you agree to the terms set out in our Shipping Policy.
Risk of loss and title for items purchased from BLACKWAKE pass to you upon delivery of the item to the shipping carrier.
7. Returns and Refunds
Our Returns and Refund Policy governs all return and refund requests and forms part of these Terms of Service. We offer a 14-day return window with free return shipping and no restocking fee. Full details are available in our Returns and Refund Policy.
8. Warranties and Disclaimers
Products sold by BLACKWAKE may carry manufacturer warranties. Any such warranty is provided by the manufacturer and not by BLACKWAKE directly. Please refer to the documentation included with your product for warranty details.
BLACKWAKE provides the website and its content on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components.
9. Limitation of Liability
To the fullest extent permitted by applicable law, BLACKWAKE shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of our website or products.
Our total liability to you for any claim arising from your use of our website or purchase of our products shall not exceed the amount you paid for the product in question.
10. Prohibited Activities
You agree not to:
• Use the website for any unlawful purpose
• Attempt to gain unauthorised access to any part of the website or its related systems
• Transmit any harmful, offensive, or disruptive content
• Reproduce, duplicate, copy, sell, or exploit any portion of the website without express written permission from BLACKWAKE
• Use automated tools to scrape, crawl, or extract data from the website
11. Intellectual Property
All content on the BLACKWAKE website, including but not limited to text, images, logos, graphics, and product descriptions, is the property of BLACKWAKE or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written consent.
12. Third-Party Links
Our website may contain links to third-party websites. These links are provided for convenience only. BLACKWAKE has no control over the content of those sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
13. Privacy
Your use of our website is also governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. Please review our Privacy Policy to understand our practices.
14. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the United States. For customers in the United Kingdom, your statutory consumer rights under UK law are not affected by these terms.
Any disputes arising from these terms or your use of our website shall be subject to the exclusive jurisdiction of the courts of the United States, except where applicable law requires otherwise.
15. Changes to These Terms
We reserve the right to update or modify these Terms of Service at any time without prior notice. Changes will be effective immediately upon posting to the website. Your continued use of the website following any changes constitutes your acceptance of the revised terms. We encourage you to review these terms periodically.
16. Contact Us
If you have any questions about these Terms of Service, please contact us:
Email: support@blackwake.com
Response time: Within 24 hours, Monday-Friday