Terms of service
Terms of Service
Last updated: July 27, 2026
Overview
This website and online store are operated by CRABKING FISHING SUPPLIES LTD., doing business as Crab King Fishing and The Crab King Canada.
Throughout these Terms of Service, the terms “we,” “us,” “our,” and “Crab King Fishing” refer to CRABKING FISHING SUPPLIES LTD. The terms “you,” “your,” and “customer” refer to any person who accesses the website, uses our services, creates an account, or places an order.
Our website, online store, content, features, products, customer-support functions, and related services are collectively referred to as the “Services.”
By visiting, accessing, interacting with, or using the Services, or by placing an order, you agree to be bound by these Terms of Service and the policies incorporated into them, including our:
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Shipping Policy
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Refund and Warranty Policy
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Privacy Policy
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Any product-specific terms displayed before checkout
Please read these Terms carefully. If you do not agree with them, you must not use the Services or place an order.
Nothing in these Terms excludes or limits any consumer right, statutory warranty, remedy, or other protection that cannot lawfully be excluded or limited.
1. Business Information
The Services are operated by:
CRABKING FISHING SUPPLIES LTD.
Doing business as Crab King Fishing / The Crab King Canada
Address:
2555 Discovery Street, Unit 310
Vancouver, British Columbia
Canada
Email: thecrabkingcanada@gmail.com
Telephone: +1 778 869 1588
2. Eligibility
By using the Services or placing an order, you represent that:
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You have reached the age of majority in your province, state, territory, or country of residence; or
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You are using the Services with the consent and supervision of a parent or legal guardian; and
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You have the legal capacity to enter into a binding agreement.
You may not use the Services or purchase our products for any unlawful, fraudulent, or unauthorized purpose.
3. Accounts and Customer Information
You may be asked to provide information including your name, email address, telephone number, billing address, shipping address, and payment information.
You represent that all information you provide is complete, accurate, current, and lawfully provided.
You are responsible for:
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Maintaining the confidentiality of your account credentials
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Restricting access to your account and devices
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All activity conducted through your account
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Promptly updating inaccurate or outdated information
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Informing us of suspected unauthorized account activity
You may not sell, transfer, assign, or license your customer account to another person without our written consent.
We may suspend or restrict an account when reasonably necessary to investigate suspected fraud, unauthorized activity, violations of these Terms, or threats to the security or operation of the Services.
4. Permitted Use
The Services may be used only for lawful personal or commercial shopping purposes consistent with these Terms.
You must not:
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Violate any applicable international, federal, provincial, state, territorial, or local law
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Submit false, misleading, fraudulent, or unauthorized information
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Place fraudulent orders
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Use a payment method without authorization
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Initiate a knowingly false or improper chargeback
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Introduce viruses, malware, harmful code, or disruptive technology
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Circumvent website security, access controls, or fraud-prevention systems
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Scrape, copy, extract, reproduce, or commercially exploit website content without authorization
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Attempt to gain unauthorized access to accounts, servers, databases, or related systems
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Harass, threaten, defame, abuse, or impersonate another person
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Infringe intellectual-property, privacy, publicity, or other legal rights
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Use automated systems or agents in a manner that interferes with the Services or conceals automated access
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Use the Services in a way that creates an unreasonable burden on our systems
We may restrict or terminate access when we reasonably believe these requirements have been violated.
5. Product Information
We make reasonable efforts to present product descriptions, specifications, photographs, measurements, colours, materials, and features accurately.
However:
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Screen settings may affect how colours and finishes appear
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Photographs may be taken under different lighting conditions
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Dimensions and measurements may be approximate unless expressly stated otherwise
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Minor production or manufacturing variations may occur
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Packaging may change without materially changing the product
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Handmade, hand-assembled, or small-batch products may have minor variations
A minor variation that does not materially affect the product’s function or advertised characteristics is not necessarily a defect.
We will not describe a product as handmade unless that description reasonably applies to the product.
We may update product descriptions, photographs, specifications, or packaging prospectively. We will not materially alter an accepted order without the customer’s consent.
Nothing in this section excludes any legal requirement that a product correspond with its description or any right that cannot lawfully be excluded.
6. Product Availability
All products are subject to availability.
Placing a product in a shopping cart does not reserve the product.
We may limit quantities by customer, household, account, address, payment method, geographic region, or order when reasonably necessary to:
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Manage limited inventory
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Prevent fraud
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Prevent unauthorized resale
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Comply with shipping or legal restrictions
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Ensure fair product availability
If a product becomes unavailable after payment, we may:
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Offer a reasonably comparable substitute, subject to your approval
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Remove the unavailable item and refund the amount paid for that item
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Cancel the affected order and refund the amount paid
We will not substitute a materially different product without your consent.
7. Prices, Currency, Taxes, and Payment
Product prices are displayed in the currency shown on the product page or during checkout.
Unless expressly stated otherwise, displayed product prices may not include:
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Shipping charges
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Sales taxes
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Customs duties
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Import taxes
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Tariffs
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Brokerage fees
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Carrier handling fees
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Foreign transaction charges
The amount payable to us will be displayed before you submit your order.
Your bank, credit-card issuer, payment provider, or other financial institution may separately impose:
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Currency-conversion charges
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Foreign transaction fees
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International payment fees
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Other account-related charges
We do not control or receive these third-party charges.
Payment must be successfully authorized before an order is processed.
By submitting payment information, you represent that:
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The information is accurate
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You are authorized to use the payment method
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The payment method may lawfully be charged for the order
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You will pay all properly disclosed charges associated with the order
8. Pricing and Listing Errors
Occasionally, the Services may contain typographical errors, pricing errors, incorrect product descriptions, inaccurate availability information, or other omissions.
We may correct genuine errors prospectively.
If a material error affects an order that has already been submitted, we may contact you and offer the choice to:
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Proceed under the corrected information; or
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Cancel the affected product or order for a refund
We will not materially change an accepted order without notifying you.
If we cancel an order because of our pricing, description, availability, or system error, we will refund the amount paid for the cancelled portion.
9. Orders and Acceptance
Submitting an order constitutes an offer to purchase the products identified in the order.
An automated order-confirmation message confirms that we received your order. It does not necessarily mean that the order has been accepted for fulfilment.
An order is accepted when we:
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Send an express acceptance or fulfilment confirmation;
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Begin preparing the order for fulfilment; or
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Transfer the order to a shipping carrier,
whichever occurs first.
We may refuse or cancel an order for legitimate reasons, including:
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Product unavailability
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A material pricing or description error
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Payment failure
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Suspected fraud or unauthorized payment
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An incomplete or invalid address
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Shipping or import restrictions
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Legal or regulatory requirements
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Product-safety concerns
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Suspected unauthorized resale or export
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Duplicate or unusually large orders
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Technical or system errors
If we cancel an order after receiving payment, we will refund the amount paid for the cancelled product or order.
10. Electronic Contract and Order Confirmation
Before submitting an order, you are responsible for reviewing:
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The selected products
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Quantities
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Prices and currency
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Shipping charges
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Taxes collected by us
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Shipping address
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Billing details
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Delivery method
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Estimated delivery information
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Applicable return, refund, cancellation, and warranty terms
The checkout process provides an opportunity to review and correct order information before submission.
The order confirmation, these Terms, and the policies displayed or linked at checkout form part of the sales contract.
The version of the applicable policies in effect when the order is accepted governs that order, subject to applicable law.
You should retain a copy of the order confirmation and applicable policies for your records.
11. Order Cancellations
You may request cancellation by contacting:
A cancellation request is not guaranteed after an order has been:
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Accepted
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Processed
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Prepared
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Customized
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Assembled
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Packaged
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Transferred to a carrier
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Made available for pickup
If we are able to cancel the order before fulfilment, we will confirm the cancellation in writing.
Nothing in this section limits a cancellation right that cannot lawfully be excluded, including any applicable right arising from legally required online-contract disclosures, failure to provide a contract copy, or delayed delivery.
12. Shipping and Delivery
Orders are shipped in accordance with our Shipping Policy.
Processing and delivery dates are estimates unless we expressly identify a guaranteed date in writing.
Delivery may be delayed by circumstances including:
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Carrier delays
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Customs inspections
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Weather
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Natural disasters
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Labour disruptions
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Transportation interruptions
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Government restrictions
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Border delays
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Remote delivery locations
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Incorrect customer information
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Events outside our reasonable control
We do not guarantee estimated delivery dates.
However, nothing in these Terms excludes a cancellation, refund, delivery, or other right that cannot lawfully be excluded.
13. Title, Risk of Loss, and Carrier Acceptance
To the fullest extent permitted by applicable law, title to and risk of loss for an order pass to the customer when the order has been:
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Properly packaged by us;
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Addressed using the shipping information supplied or approved by the customer; and
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Accepted into the possession of the shipping carrier.
After carrier acceptance, the customer assumes the risk of carrier delay, loss, theft, misdelivery, damage, or non-delivery, subject to:
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The carrier’s applicable terms and insurance coverage;
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The claims procedures below; and
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Any rights or remedies that cannot lawfully be excluded.
This risk-transfer provision does not apply to a loss directly caused by:
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Our failure to ship the order;
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Our use of an address different from the address supplied or approved by the customer;
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Our intentional misconduct;
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Our fraudulent conduct; or
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Another responsibility that cannot lawfully be excluded.
If the customer independently selects, hires, or pays a carrier that was not offered or arranged by us, risk of loss passes to the customer when the order is released to that carrier.
14. Customer Responsibilities After Shipment
After shipment, the customer is responsible for:
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Monitoring tracking information
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Ensuring that someone can receive the shipment when necessary
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Checking mailboxes, entrances, parcel lockers, safe-drop areas, reception desks, and other designated delivery locations
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Promptly contacting the carrier about delivery problems
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Collecting packages held at a post office or pickup location
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Paying applicable import charges
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Cooperating with customs and carrier investigations
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Reporting missing, damaged, or misdelivered packages before carrier deadlines expire
Failure to monitor or collect a shipment does not automatically entitle the customer to a refund, replacement, or reshipment.
15. Lost, Delayed, or Missing Packages
A shipment is not automatically considered lost because:
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Tracking has temporarily stopped updating
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The estimated delivery date has passed
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Customs processing is delayed
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The customer has not yet located a package marked delivered
If an order is delayed, lost, misdelivered, or shown as delivered but cannot be located, the customer must:
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Confirm that the shipping address is correct;
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Check all likely delivery locations;
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Ask household members, neighbours, reception personnel, or building management;
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Contact the carrier and open a missing-package inquiry or support ticket;
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Obtain and retain the carrier’s case or inquiry number;
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Cooperate with the carrier’s investigation;
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Provide any declaration of non-receipt, identification, photographs, police report, or supporting documents reasonably requested; and
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Notify us before the applicable carrier claim deadline expires.
We do not provide an automatic refund, replacement, reshipment, or credit merely because a shipment is delayed, tracking has stopped updating, or the customer reports non-receipt.
16. Carrier Claims
Where the carrier permits the recipient to submit and pursue a compensation claim directly, the customer is responsible for doing so.
Where the carrier permits only the sender or shipper of record to submit a compensation claim, we may submit the formal claim after the customer has:
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Opened any recipient inquiry available through the carrier;
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Supplied the carrier case number;
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Completed all required declarations;
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Provided all requested documents;
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Cooperated with the investigation; and
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Reported the issue within the applicable deadline.
Our submission of a claim:
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Does not constitute an admission that we are legally responsible for the loss;
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Does not guarantee that the carrier will approve the claim;
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Does not guarantee a particular amount of compensation; and
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Does not require us to issue an advance refund or replacement while the claim is pending.
To the fullest extent permitted by applicable law, any refund, replacement, credit, or other remedy relating solely to a carrier loss may be limited to the amount actually recovered from the carrier or shipping insurer.
If compensation is paid to us for the customer’s covered loss, we may provide the approved compensation to the customer by refund, replacement, store credit, or another reasonable method, subject to applicable law and any carrier restrictions.
17. Claim Denials and Customer-Caused Delivery Problems
A shipping claim, refund, replacement, reshipment, or credit may be denied or reduced when the loss or additional cost results from:
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An incorrect or incomplete address supplied by the customer
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An omitted unit, suite, apartment, or postal code
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Failure to collect a package
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Repeated unsuccessful delivery attempts
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Refusal of delivery
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Unpaid customs duties, taxes, tariffs, or brokerage fees
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Failure to cooperate with customs or the carrier
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Failure to report the issue before a carrier deadline
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Insufficient or inaccurate claim information
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An authorized safe drop
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An authorized signature release
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Delivery instructions supplied by the customer
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Redirection requested by the customer
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Delivery to a freight forwarder or third-party receiving service
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Loss occurring after confirmed delivery
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Customer fraud, misrepresentation, or abuse of the claims process
Additional shipping, return, storage, customs, or reshipping charges resulting from these circumstances are the customer’s responsibility.
18. Packages Marked Delivered
If tracking confirms delivery to the address or delivery location supplied, selected, authorized, or approved by the customer, the order will be presumed delivered.
Delivery locations may include:
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A mailbox
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A front door
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A side or rear entrance
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A parcel locker
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A community mailbox
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A reception desk
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A concierge
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A mailroom
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A safe-drop location
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Another location authorized by the customer or carrier procedure
A carrier delivery scan is evidence of delivery.
The customer must promptly report any alleged non-receipt and cooperate with any investigation.
To the fullest extent permitted by applicable law, we are not responsible for theft, disappearance, weather damage, or loss occurring after confirmed delivery.
19. Damaged Shipments
The customer must inspect the package and product promptly after delivery.
If a shipment arrives damaged, the customer must contact us as soon as reasonably possible and provide:
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The order number
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Photographs of the outer packaging
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Photographs of the shipping label
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Photographs or video showing the damage
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A description of the issue
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Any carrier damage report or case number
The customer must retain:
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The product
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The shipping carton
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Internal packaging
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Labels
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Packing materials
These materials may be required for carrier inspection.
A claim may be denied if the customer discards required evidence, fails to cooperate, or misses the applicable carrier deadline.
Where only the sender may submit the formal carrier claim, we may submit it after receiving the required documentation.
20. International Orders and Import Responsibility
IMPORTANT NOTICE FOR ALL CUSTOMERS OUTSIDE CANADA
Customers outside Canada are solely responsible for all customs duties, import taxes, tariffs, brokerage fees, clearance fees, carrier handling fees, storage fees, and other charges imposed by the destination country, customs authority, government agency, or shipping carrier.
These charges are not included in the product price or shipping charge paid to us unless the checkout page expressly states otherwise.
We do not control, calculate, collect, reimburse, or pay these charges on behalf of the customer unless expressly stated at checkout.
For international orders, the customer is responsible for:
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Acting as the importer of record where applicable
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Confirming that the product may lawfully be imported
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Complying with local import and product regulations
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Supplying customs documents
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Responding to carrier or customs requests
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Paying all applicable import charges
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Obtaining any required licence, permit, approval, or registration
An order is not eligible for cancellation or refund solely because the customer:
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Was unaware of import charges
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Disagrees with the amount charged
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Refuses to pay the charges
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Fails to provide customs documentation
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Fails to comply with local import requirements
This section is subject to any right that cannot lawfully be excluded.
21. Refused, Abandoned, Confiscated, or Returned International Orders
If an international shipment is refused, abandoned, detained, confiscated, destroyed, or returned because of:
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Unpaid customs duties or taxes
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Import restrictions
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Prohibited products
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Missing permits
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Customer refusal
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Customer inaction
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Failure to cooperate with customs
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An incorrect or incomplete address
the customer is responsible for all resulting:
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Original shipping charges
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Return shipping charges
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Customs charges
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Duties and taxes
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Brokerage charges
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Storage fees
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Destruction or disposal charges
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Reshipping charges
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Carrier administrative fees
A refused, abandoned, or returned shipment is not automatically eligible for a refund.
If we agree or are legally required to issue a refund, amounts that we cannot recover, together with customer-caused return expenses, may be deducted to the extent permitted by applicable law.
22. All Sales Final
Except where otherwise required by applicable law, all sales are final.
We do not accept returns, refunds, or exchanges because of:
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Change of mind
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Buyer’s remorse
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Personal preference
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Incorrect size, colour, model, quantity, or product selected by the customer
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Compatibility issues that were disclosed or reasonably identifiable before purchase
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A product no longer being wanted or needed
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The customer finding a lower price elsewhere
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Delays that do not create a legal cancellation right
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Refusal to pay customs or import charges
Customers must carefully review all product information and order details before purchasing.
This policy does not exclude rights or remedies that cannot lawfully be excluded, including applicable rights concerning:
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A materially incorrect product
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A product materially different from its description
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A legally recognized defect
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Damage occurring before or during delivery
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A legally required cancellation or refund
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Applicable statutory conditions or warranties
The full policy is contained in our Refund and Warranty Policy.
23. Unauthorized Returns
Do not return or send a product to us without prior written authorization.
Packages sent to us without authorization may:
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Be refused
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Be returned to the sender
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Be held pending payment of additional charges
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Be treated according to applicable law and carrier procedures
The customer is responsible for unauthorized return shipping and related charges.
Sending a product back without authorization does not create an automatic right to a refund or exchange.
24. Damaged, Defective, Incomplete, or Incorrect Products
Customers should inspect products promptly after delivery or pickup.
If a product is alleged to be defective, incomplete, damaged before delivery, or materially incorrect, contact:
The customer may be required to provide:
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The order number
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Photographs or video
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A detailed description
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Packaging and label photographs
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Troubleshooting information
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Proof of purchase
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Inspection access
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Return of the item after written authorization
Depending on the facts and applicable law, an appropriate remedy may include:
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Troubleshooting
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Repair
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Replacement of a component
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Replacement of the product
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Store credit
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Refund where legally required or otherwise approved
We may require a reasonable opportunity to inspect, diagnose, or test the product before determining the appropriate remedy.
25. Greater Vancouver One-Year In-Person Warranty
Eligible products may include a one-year limited in-person warranty.
The warranty applies only when the product page, order documentation, or Refund and Warranty Policy expressly identifies the product as covered.
The warranty:
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Begins on the original purchase date
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Is available by appointment only
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Requires valid proof of purchase
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Is provided at our designated Greater Vancouver service location
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Applies to the original purchaser unless otherwise stated
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Does not automatically transfer upon resale
The customer is responsible for transporting the product to and from the designated service location.
Unless expressly agreed in writing, the warranty does not include:
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Shipping
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Pickup
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Delivery
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Travel expenses
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Removal
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Installation
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On-site service
For a covered defect, we may choose to:
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Inspect or diagnose the product
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Repair the product
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Replace a defective component
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Replace the product with the same or a reasonably comparable product
Warranty repair or replacement does not restart the original warranty period unless required by law or expressly stated by us.
Warranty service does not automatically entitle the customer to a cash refund.
26. Warranty Exclusions
The limited warranty does not cover:
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Normal wear and tear
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Cosmetic variations that do not affect function
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Accidental damage
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Misuse or abuse
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Neglect
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Improper storage
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Improper installation or assembly
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Improper maintenance
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Unauthorized repairs or modifications
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Damage caused by water, corrosion, fire, excessive heat, freezing, pests, chemicals, or electrical conditions
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Loss or theft
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Consumable or disposable components
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Damage caused by use outside the product’s intended purpose
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Damage caused by failure to follow instructions or warnings
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Products lacking valid proof of purchase
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Products transferred or resold, unless otherwise stated
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Commercial use where the product is sold solely for recreational or personal use
The limited warranty is in addition to, and does not replace, any right that cannot lawfully be excluded.
27. Fishing, Crabbing, and Regulatory Compliance
Fishing, crabbing, harvesting, trapping, boating, and marine regulations vary by jurisdiction and may change without notice.
The customer is solely responsible for confirming and complying with applicable requirements concerning:
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Licences and permits
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Seasons and closures
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Species
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Catch and possession limits
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Minimum and maximum sizes
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Gear type and dimensions
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Escape mechanisms
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Marking and identification
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Buoys and lines
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Protected areas
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Commercial or recreational use
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Transportation and possession
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Import and export
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Local restrictions
We do not represent that a product is lawful or suitable for every species, activity, season, waterway, province, state, territory, or country.
Any regulatory information appearing on our website is general information only and is not legal advice.
Customers must confirm current requirements with the appropriate government authority before using a product.
28. Product Use and Safety
Customers must read and follow all product instructions, warnings, limitations, specifications, and safety information.
Before each use, the customer should inspect the product for:
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Wear
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Corrosion
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Cracks
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Cuts
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Loose components
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Damaged lines
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Improper assembly
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Missing parts
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Other unsafe conditions
Products must not be used for purposes for which they were not designed.
Fishing, crabbing, boating, lifting gear, handling lines, working near water, and marine activities may involve inherent risks.
Customers are responsible for:
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Using appropriate judgment and training
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Following local laws
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Using legally required safety equipment
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Maintaining proper supervision
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Avoiding unsafe weather or water conditions
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Inspecting and maintaining equipment
Unless expressly identified and certified as such, our products are not:
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Personal flotation devices
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Rescue devices
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Human lifting devices
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Fall-protection equipment
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Life-support devices
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Emergency safety equipment
Nothing in this section excludes our obligations under applicable product-safety law.
29. Promotions and Discount Codes
Promotions and discount codes may be subject to separate:
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Eligibility requirements
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Product exclusions
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Minimum purchase amounts
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Expiration dates
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Quantity limits
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Geographic restrictions
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Usage limits
Unless expressly stated otherwise:
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Discount codes cannot be combined
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Codes have no cash value
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Codes cannot be applied retroactively
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Discounts apply only to eligible products
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Shipping, taxes, duties, tariffs, and fees are excluded from percentage discounts
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Promotions may be changed or ended prospectively
If specific promotion terms conflict with these general Terms, the specific promotion terms govern that promotion.
30. Intellectual Property
Content owned by or licensed to CRABKING FISHING SUPPLIES LTD. is protected by applicable intellectual-property laws.
Protected content may include:
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Original photographs
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Text
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Product descriptions
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Graphics
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Logos
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Videos
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Designs
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Website layouts
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Audio
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Marketing materials
Third-party trademarks, software, photographs, names, logos, and other materials remain the property of their respective owners.
You may access the Services for personal, non-commercial use.
You may not reproduce, distribute, publish, modify, sell, license, scrape, download, or commercially exploit protected content without authorization from the applicable rights holder.
31. Reviews, Feedback, and Customer Content
If you submit a review, photograph, video, suggestion, comment, idea, or other content, you represent that:
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You own the content or have permission to submit it
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The content reflects a genuine experience where represented as a review
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The content is accurate and not materially misleading
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The content does not infringe another person’s rights
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The content is not unlawful, threatening, defamatory, fraudulent, obscene, or abusive
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Required incentives or compensation have been disclosed
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The content does not contain malware or unauthorized personal information
You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, format, display, publish, and promote submitted content in connection with our business.
We may decline, moderate, or remove content that violates these Terms or applicable law.
We will not materially alter a review in a manner that misrepresents the reviewer’s opinion.
32. Third-Party Tools and Links
The Services may include tools, content, functions, or links supplied by third parties.
These may include:
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Payment providers
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Shipping carriers
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Mapping services
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Social-media platforms
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Review services
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Analytics providers
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External websites
Third-party services are governed by their own terms and privacy policies.
We do not control independent third-party services and do not guarantee their availability, accuracy, security, or performance.
Use of third-party services is at the customer’s discretion, except to the extent responsibility cannot lawfully be excluded.
33. Relationship With Shopify
Our online store is powered by Shopify, which supplies the ecommerce platform used to present and operate the Services.
All purchases made through our store are transactions directly between the customer and CRABKING FISHING SUPPLIES LTD.
Shopify is not the seller of our products and is not responsible for:
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Product descriptions
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Product quality
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Order fulfilment
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Shipping
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Warranty service
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Customer support
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Refund decisions
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Injury, loss, or damage arising from products sold by us
Nothing in this section limits any responsibility Shopify may independently have under its own agreements or applicable law.
34. Privacy
Our collection, use, storage, and disclosure of personal information are governed by our Privacy Policy and applicable privacy law.
Because the Services are hosted by Shopify, information may be processed by Shopify and other service providers used to operate the store.
Information may be processed in jurisdictions outside the customer’s place of residence, subject to applicable privacy requirements.
By providing customer information, you authorize us and our service providers to use it as reasonably necessary to:
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Process payments
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Prevent fraud
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Fulfil orders
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Arrange delivery
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Provide tracking
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Communicate about orders
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Provide customer support
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Handle claims and warranty requests
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Comply with legal obligations
Marketing communications will be sent only as permitted by applicable law and may be unsubscribed from using the instructions provided.
35. Website Availability and Informational Content
We do not guarantee that the Services will always be:
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Available
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Uninterrupted
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Secure
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Error-free
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Compatible with every device
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Free from temporary technical problems
General information on the website is provided for informational purposes.
Customers should not rely on website content as legal, regulatory, safety, marine, fishing, or professional advice.
We may temporarily suspend or modify the Services for maintenance, security, legal compliance, or operational reasons.
36. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the website and its general informational content are provided on an “as available” basis.
We do not guarantee that:
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Every website error will be corrected immediately
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Every product will remain available
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General information will meet every customer’s individual needs
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Third-party tools will operate without interruption
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The website will be free from all technical vulnerabilities
This disclaimer does not exclude or reduce:
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An express written warranty
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A statutory warranty
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An implied condition that cannot lawfully be excluded
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A mandatory consumer right
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A product-safety obligation
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Any other responsibility that applicable law does not permit us to exclude
37. Limitation of Liability
To the fullest extent permitted by applicable law, CRABKING FISHING SUPPLIES LTD. and its directors, officers, employees, agents, contractors, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential loss arising from the Services or a product.
This may include:
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Lost profits
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Lost revenue
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Lost savings
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Loss of data
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Loss of opportunity
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Replacement costs
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Business interruption
Where liability may lawfully be limited, our total aggregate liability arising from a particular product or order will not exceed the amount paid to us for that product or order.
These exclusions and limitations do not apply to liability that cannot lawfully be excluded or limited, including liability arising from:
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Fraud
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Fraudulent misrepresentation
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Wilful misconduct
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Death or personal injury where limitation is prohibited
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Mandatory consumer rights
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Mandatory product-safety obligations
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Any other liability that applicable law prohibits us from excluding
38. Indemnification
To the extent permitted by applicable law, you agree to indemnify CRABKING FISHING SUPPLIES LTD. against reasonable third-party claims, losses, liabilities, and costs directly arising from:
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Your unlawful use of the Services
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Your intentional misuse of a product
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Your material violation of these Terms
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Your infringement of another person’s rights
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Fraudulent activity conducted through your account
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Your violation of fishing, crabbing, import, export, or other applicable laws
This section does not require a consumer to indemnify us for:
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Our negligence
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Our breach of contract
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Our unlawful conduct
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Our product-safety obligations
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A responsibility that cannot lawfully be transferred
39. Events Outside Our Reasonable Control
We are not responsible for delays or failures caused by events outside our reasonable control, including:
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Severe weather
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Natural disasters
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Fire or flood
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War or civil unrest
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Government restrictions
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Customs action
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Labour disputes
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Carrier disruption
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Transportation interruption
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Utility failure
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Cyberattack
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Widespread third-party system failure
We will take commercially reasonable steps to reduce the impact of such an event and resume performance when reasonably possible.
Nothing in this section eliminates a right or remedy that cannot lawfully be excluded.
40. Suspension and Termination
We may suspend or terminate access to the Services when reasonably necessary because of:
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A material violation of these Terms
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Suspected fraud
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Unauthorized activity
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Abuse of staff or systems
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Security risks
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Legal requirements
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Non-payment
Termination does not eliminate amounts properly owed before termination.
Provisions that by their nature should survive termination will continue to apply, including intellectual property, payment obligations, liability limitations, indemnification, governing law, and dispute provisions.
41. Governing Law and Disputes
These Terms are governed by the laws of the Province of British Columbia and the applicable federal laws of Canada, without regard to conflict-of-law principles.
Subject to mandatory rights available in the customer’s jurisdiction, disputes arising from these Terms, the Services, or a purchase will be submitted to the courts or tribunals having jurisdiction in British Columbia.
Nothing in this section prevents either party from bringing an eligible matter before:
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The British Columbia Civil Resolution Tribunal
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The Provincial Court of British Columbia
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Another court or tribunal having lawful jurisdiction
Nothing in these Terms deprives a consumer of mandatory legal rights applicable in the consumer’s province, state, territory, or country of residence.
42. Changes to These Terms
We may update these Terms prospectively by posting a revised version and changing the “Last updated” date.
Updated Terms apply to future website use and future orders from the effective date shown.
Updated Terms do not retroactively change an order already accepted unless:
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The change is required by law;
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The customer expressly agrees;
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The change benefits the customer without materially reducing the customer’s rights; or
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The original contract expressly and lawfully permits the change.
Continued use of the Services after revised Terms are posted constitutes acceptance of the revised Terms for future use and future orders.
43. Severability
If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted or severed where necessary.
The remaining provisions will continue in full force.
44. No Waiver
Our failure or delay in exercising a right does not waive that right.
A waiver applies only to the specific matter for which it is given and must be clearly communicated.
45. Assignment
You may not assign or transfer your rights or obligations under these Terms without our written consent.
We may assign these Terms in connection with:
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A merger
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Corporate reorganization
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Sale of the business
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Transfer of assets
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Change of ownership
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Similar business transaction
Any assignment by us remains subject to mandatory consumer rights.
46. Entire Agreement and Policy Priority
These Terms, together with the policies and disclosures incorporated into them, constitute the agreement concerning use of the Services and purchases from us.
If a product page, checkout disclosure, written warranty, order confirmation, or promotion contains a specific term that conflicts with a general provision of these Terms, the more specific term applies to that product, order, or promotion, subject to applicable law.
47. Electronic Communications
You consent to receiving transaction-related communications electronically, including:
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Order confirmations
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Payment confirmations
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Invoices
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Shipping notices
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Tracking information
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Claim communications
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Warranty communications
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Policy notices
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Customer-support messages
You are responsible for providing an accurate email address and telephone number and for checking spam or filtered-message folders.
48. Contact Information
Questions, complaints, notices, warranty requests, shipping claims, or requests concerning these Terms may be directed to:
CRABKING FISHING SUPPLIES LTD.
Doing business as Crab King Fishing / The Crab King Canada
Email: thecrabkingcanada@gmail.com
Telephone: +1 778 869 1588
Address: 2555 Discovery Street, Unit 310, Vancouver, British Columbia, Canada