TERMS AND CONDITIONS
“Drako” as referred herein means Drako Sports Inc. and any and all of its holding companies, affiliates, subsidiaries, business agents, servants and employees.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES, SERVICE AND USES. PLEASE REVIEW THE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, AND DISCLAIMERS OF LIABILITY AND ARBITRATION PROVISIONS. KEEPING, USING, OR ALLOWING USE OF THIS PRODUCT INDICATES YOUR AGREEMENT TO THESE TERMS. PLEASE READ AND AGREE TO SUCH TERMS PRIOR TO PURCHASE OF OUR PRODUCTS.
Drako has the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms and Conditions without notice or liability to you. Any changes to these Terms and Conditions shall be effectively immediately following the posting of such changes on this website. You agree to review these Terms and Conditions every time you utilize this website and agree that any subsequent use by you of this website following changes to these Terms and Conditions shall constitute your acceptance of all such changes.
All orders are shipped prepaid by credit card or money orders; we do not offer COD for transactions. VISA or MasterCard are also accepted with CVC number on file. We do not offer credit terms as a method of payment. If a cheque is accepted, it must be current dated. Any cheques that return NSF will be charged the bank penalty fee and the customer will have to pay with cash or credit card immediately. All stocked orders are shipped within 2 working days (see ‘shipping’). All prices are in CAD or USD dependent of your region. Please refer to our latest published price list to confirm pricing or contact our sales agents at 1-888-775-7766. Please ensure that the billing address and the shipping address are the same to avoid any orders being flagged as fraud. All cheques, money orders and payments must be made out to ‘Drako Sports Inc’.
All online retailers must collect sales tax from customers having goods delivered into provinces in which the company is conducting business. All merchandise is subject to Sales Tax. Clothing and shoes may be Province exempt only for persons under the age of 14 or unless a provincial tax number is provided. All Sales Tax is dependent on your Province’s Tax Rates. It is the responsibility of the Customer to declare accurately and in the invent of any adjustments or rebates required, to claim directly on their Government Tax Submissions.
If we are short of a product (or products) on your order, we will notify you before shipping. We will try contact you via phone or email. If after 24 hours we cannot contact you we will ship the order less the product(s) that we do not have in stock. We suggest, on your order to furnish us with a contact number you will be available at so that we can minimize shipping delays. Products not in stock will be placed on a back order and upon arrival, we will contact you in order to confirm the back order and shipping.
CHANGING & CANCELLING AN ORDER
Due to our commitment to process orders quickly, once you have submitted your order for purchase we may be unable to make any changes or cancellations. However, do call in and we may be able to assist you.
HIGH RISK ACTIVITY
Products sold by Drako include equipment and gear used for in sparring, grading, fitness, practice and in events and tournaments in the disciplines of boxing, martial arts, mixed martial arts, fitness, weight training, kick-boxing, tournaments, grading and demonstration. Participation in any of these activities is a high-risk sports activity. You participate in any of these activities are at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. Read, understand, and follow specific warnings and instructions on products and if no literature is available, consult with experts, your trainer, coach and/or employees.
ASSUMPTION OF THE RISK
Purchasers, users, and participants assume all risk of injury. Drako cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through this website, Drako’s catalog, or otherwise. By buying, using, providing, or allowing the use of Drako’s products, you understand and agree that boxing, martial arts, mixed martial arts, fitness, weight training and kick-boxing, are high risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of Drako. This includes but not limited to equipment malfunction from whatever cause, or any other fault of Drako. Additionally, you agree to indemnify, defend and hold Drako harmless from any third party claims arising from such High Risk Activities, or with any other Drako product.
DUTY OF COACHES, TRAINERS, GYMS TO INFORM OTHERS OF THESE TERMS AND CONDITIONS
Before you allow others to use a Drako product you agree that (i) you will require that they (or their legal guardian if they are minors) read, understand, and agree to these Terms and Conditions of Sale or Use, (ii) you believe they (or their guardian) understand that they are participating in a high-risk activity and assume the risk of death or other personal injury, and (iii) you agree to indemnify, defend, and hold Drako harmless from any claims made by them arising from their use of Drako products.
USE OF EQUIPMENT AND PROTECTIVE GEAR
The equipment and gear sold by Drako offers varying degrees of protection but is not warranted to protect the user from injury. Users are responsible for their choice and use in the level of protection afforded by the products purchased. Users of these products are subject to bodily injuries including death despite using the equipment. The user must assume full responsibility for all risk of injuries. The manufacturer and distributor assume no liability for injuries or death suffered while wearing protective products.
Sales of certain items are governed by local, provincial and territorial, federal, and international law. It is the buyer’s responsibility to check all applicable laws concerning the use, ownership, legal age, and possession of any product offered by Drako. By purchasing any item, the buyer warrants compliance with all local, provincial and territorial, federal, and international laws, and that the buyer is legally able to purchase and sell all items being purchased from Drako’s website, stores or catalog.
Sparring gear is intended to reduce the risk and severity of accidental injury to protected areas during supervised, no contact or light contact martial arts sparring. Gear sold by Drako is intended only for sparring under the supervision of a skilled instructor who responsibly monitors techniques and intensity of sparring and insures students are properly trained and physically conditioned. All sparring participants should wear full sets of equipment and not use old, modified, damaged or improperly fitted equipment.
See product-specific warnings on and with products.
Protection methods and gear vary for different weapons and techniques, make sure to always consult a professional and practice the appropriate safety measures.
Drako warrants its products to be free from defects in materials and workmanship less “fair wear and tear” for a period of 120 days from date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. Drako’s sole liability is limited to repairing or replacing products that are returned within this 120-day period, unless specific product literature specifies otherwise.
LIMITATION OF LIABILITY
As set forth above under the limited warranty provisions, Drako’s liability is limited to repair or replacement of its products which are returned to it prepaid in the specified period of time. In no event shall Drako’s liability exceed the value of the products sold. Drako shall not be liable for any special or consequential damages that result from the use of any product sold through its websites, stores,catalogs, or otherwise, including but not limited to its events or tournaments. Applicable law may not allow the limitation or exclusion of liability of special or consequential damages so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation as permitted by law.
Use and misuse of products sold through Drako’s websites, stores, catalogs, or otherwise, including but not limited to its events or tournaments, involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. Drako cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through Drako’s websites, stores, catalogs, or otherwise, including but not limited to its events or tournaments.
INSPECT BEFORE EACH USE
The product must be inspected for use to ensure it has not damaged in shipment. If damaged, do not use and immediately return the product to Drako for a replacement.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. Drako reserves the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalog, please inform us.
PROMOTIONAL AND SALE DISCLAIMER
Discounts do not include shipping charges. Online promo code may only be used once and cannot be combined with any other discount offers, coupon codes or promotional offering. If you return a portion of your purchase, a portion of the discount will be lost. Taxes payable after coupon value is deducted. Total order value does not include shipping or taxes. Promotions & offerings are subject to change without notification. For promotional items and bundles, all included products and/or services must be returned together. If a service included in the promotion and/or bundle has been used (for example a used promotional promo code), the full retail value of the service will be deducted from the refund amount. When a bundle is purchased and only part of the bundle is returned, the bundle discount is void, and the total bundle discount will be deducted from the refund. Heavy bags and oversized items are not eligible for shipping discounts unless otherwise stated. If free shipping was granted via a promotion, all approved returned items will be subject to original shipping charges.