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Terms and Conditions

Effective date: June 22, 2026

Welcome to Open Water Canada (“Open Water,” “we,” “us,” or “our”). These Terms and Conditions / Terms of Sale (“Terms”) apply when you visit our website, place an order, create an account, contact us, or purchase products from openwater.ca.

By using this website or placing an order, you agree to these Terms. If you do not agree, please do not use this website or purchase products from us.

1. Website and business information

Website: openwater.ca
Contact email: info@openwater.ca

Open Water Canada sells open-water swimming, outdoor, and water-related products to retail customers and approved wholesale customers.

2. Product information

We make reasonable efforts to describe and display our products accurately, including product names, colours, sizes, materials, features, and images.

However, colours may appear differently depending on your screen, device, lighting, and browser settings. Product images are for general reference and may not show every detail of the product.

We reserve the right to correct errors, update product information, change pricing, change availability, or discontinue products at any time.

3. Pricing, taxes, and currency

All prices on this website are listed in Canadian dollars (CAD) unless otherwise stated.

Product prices do not include applicable taxes or shipping charges unless clearly stated. Taxes and shipping charges are calculated and displayed during checkout before you complete your order.

Applicable GST, HST, PST, or other taxes may be charged based on the shipping destination and applicable tax rules.

We aim to display prices and charges clearly. Mandatory non-government fees should not be hidden or added unexpectedly at checkout; sales taxes are a government-imposed exception that are commonly calculated separately.

4. Orders and order acceptance

When you place an order, you will receive an order confirmation by email. This confirms that we have received your order, but it does not necessarily mean the order has been accepted or fulfilled.

We reserve the right to refuse, cancel, or limit an order for reasons including:

  • product unavailability;
  • errors in price, description, shipping calculation, or product information;
  • suspected fraud or unauthorized activity;
  • payment issues;
  • unusually large quantities;
  • shipping restrictions;
  • other legitimate business reasons.

If we cancel an order after payment has been processed, we will issue a refund for the cancelled portion of the order.

5. Payment

Payments are processed securely through Stripe or another payment provider shown at checkout.

By submitting payment information, you confirm that you are authorized to use the selected payment method and that the billing information you provide is accurate.

We do not store full credit card details on our servers.

6. Shipping and delivery

We currently ship to addresses in Canada unless otherwise stated on the website.

Shipping options, costs, and estimated delivery times are shown during checkout. Delivery estimates are not guarantees. Shipping times may be affected by carrier delays, weather, remote locations, holidays, customs procedures if applicable, or other circumstances beyond our control.

Customers are responsible for providing accurate shipping information. We are not responsible for delays, failed deliveries, or additional costs caused by incorrect or incomplete addresses.

Risk of loss or damage generally passes to the customer once the order has been delivered to the address provided, subject to applicable consumer protection laws and carrier rules.

7. Damaged, incorrect, or missing items

Please inspect your order promptly after delivery.

If an item arrives damaged, incorrect, or incomplete, contact us at info@openwater.ca as soon as possible. Please include your order number, a description of the issue, and photos if applicable.

If we made an error or the item arrived damaged, we will work with you to correct the issue at no additional cost to you.

8. Returns and exchanges

Unused products in original condition may be returned within 30 days of delivery for a refund or exchange, subject to the conditions below.

To request a return or exchange, please contact us first at: info@openwater.ca

Returned items must be:

  • unused;
  • clean;
  • in original condition;
  • in original packaging where applicable;
  • accompanied by order information or proof of purchase.

Customers are responsible for return shipping costs unless the item arrived damaged, defective, or incorrect.

Refunds are issued to the original payment method after the returned item has been received and inspected. Original shipping charges may be non-refundable unless the return is due to our error or a damaged/incorrect shipment.

We reserve the right to refuse returns for used, damaged, altered, incomplete, or unsanitary items.

9. Product safety and open-water disclaimer

Open-water swimming and water-based activities involve inherent risks, including cold water, water quality, fatigue, weather, waves, currents, boat traffic, poor visibility, changing conditions, and unexpected emergencies.

Our products are intended to support comfort, visibility, convenience, training, or enjoyment in and around open water. Unless specifically stated, our products are not life-saving devices and are not a substitute for swimming ability, supervision, local knowledge, appropriate safety equipment, safe conditions, or good judgment.

You are responsible for assessing your own ability, health, conditions, equipment, and safety before entering open water.

Use products only as intended and follow any product-specific instructions or warnings.

10. Accounts

You may be able to create a customer account on our website. You are responsible for maintaining the confidentiality of your account login details and for all activity under your account.

Please contact us promptly if you believe your account has been accessed without authorization.

We may suspend or terminate accounts if we believe they are being misused, used fraudulently, or used in violation of these Terms.

11. Wholesale customers

Wholesale access, if offered, is available only to approved retailers, organizations, clubs, or commercial partners.

Wholesale pricing, terms, minimums, payment terms, resale requirements, and tax treatment may differ from retail customer terms and may be subject to separate approval or documentation.

Approved wholesale customers are responsible for providing accurate business, resale, tax, shipping, and contact information. Wholesale orders may be reviewed, limited, or cancelled if information is incomplete or inaccurate.

12. Website content and intellectual property

All content on this website, including text, product descriptions, images, graphics, logos, designs, layout, videos, and branding, is owned by or licensed to Open Water Canada unless otherwise stated.

You may not copy, reproduce, distribute, modify, publish, sell, or use website content for commercial purposes without our written permission.

13. User submissions and communications

If you send us comments, feedback, reviews, testimonials, images, suggestions, or other communications, you confirm that you have the right to share them.

We may use customer feedback, reviews, or testimonials for business purposes, but we will not publish personal information beyond what is reasonably associated with the submission unless permitted by law or with your consent.

Please do not submit unlawful, offensive, misleading, infringing, or harmful content.

14. Third-party services and links

Our website may use or link to third-party services, including payment processors, shipping carriers, email tools, analytics tools, embedded content, or external websites.

We are not responsible for third-party websites, services, content, privacy practices, or policies. Your use of third-party services may be subject to their own terms and policies.

15. Limitation of liability

To the fullest extent permitted by law, Open Water Canada is not liable for indirect, incidental, consequential, special, punitive, or similar damages arising from your use of this website, your purchase or use of products, delivery delays, website interruptions, or third-party services.

Nothing in these Terms limits rights or remedies that cannot be limited under applicable consumer protection laws.

16. No warranties beyond applicable law

We aim to provide quality products and accurate information. However, except as expressly stated by us or required by law, products and website content are provided “as is” and “as available.”

We do not guarantee that the website will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

17. Errors and availability

Occasionally, our website may contain errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, taxes, availability, or other information.

We reserve the right to correct errors, update information, cancel orders, or refuse orders if information on the website is inaccurate, even after an order has been submitted.

18. Privacy

Your use of this website and purchase of products is also governed by our Privacy Policy, which explains how we collect, use, disclose, and protect personal information.

19. Governing law

These Terms are governed by the laws of the Province of British Columbia and the applicable laws of Canada, unless otherwise required by applicable consumer protection law.

Any disputes will be handled in the courts or forums having jurisdiction in British Columbia, subject to rights or procedures that may apply under consumer protection laws.

20. Changes to these Terms

We may update these Terms from time to time. The updated version will be posted on this page with a revised effective date.

Your continued use of the website or placement of an order after updated Terms are posted means you accept the updated Terms.

21. Contact us

For questions about these Terms, orders, returns, exchanges, or product issues, please contact:

Open Water Canada
Email: info@openwater.ca
Website: openwater.ca