WINDQUESTER TERMS OF SERVICE

Last updated: August 5, 2026

OVERVIEW

Welcome to WindQuester.

These Terms of Service are entered into between you and WindQuester Gear Inc., doing business as WindQuester (“WindQuester,” “we,” “us,” or “our”).

WindQuester Gear Inc. operates this store and website, including all related information, content, features, tools, products, and services provided through windquester.com (collectively, the “Services”). The Services are powered by Shopify, which enables us to provide our online store and related Services.

These Terms of Service, together with the policies referenced in them, describe your rights and responsibilities when you access or use the Services or purchase products from us.

Please read these Terms carefully. They contain important information about your legal rights, including warranty disclaimers, limitations of liability, and dispute-related provisions.

By visiting, interacting with, or using the Services, creating an account, submitting an order, or purchasing a product, you agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these Terms of Service or our Privacy Policy, you must not access or use the Services.

Nothing in these Terms limits any consumer right, warranty, condition, remedy, or protection that cannot legally be excluded or limited under applicable law.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your province, state, territory, or country of residence.

If you permit a minor dependent to use the Services through a device or account you own or manage, you are responsible for supervising that use and ensuring compliance with these Terms.

To access certain features or purchase products, you may be asked to provide information such as your name, email address, telephone number, billing information, payment information, and shipping address.

You represent that the information you provide is accurate, current, complete, and that you have the right to provide it.

You are responsible for maintaining the confidentiality and security of your account credentials and for activities conducted through your account. You must notify us promptly if you believe your account has been accessed or used without authorization.

You may not sell, transfer, assign, or license your customer account to another person without our written permission.

We may refuse service, suspend an account, cancel an account, or restrict access to the Services where reasonably necessary to prevent fraud, protect customers or WindQuester, enforce these Terms, or comply with applicable law.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to describe and display our products accurately, including their materials, colours, dimensions, weights, packed sizes, components, features, photographs, specifications, and intended uses.

However, product appearance and colour may vary because of lighting, photography, screen settings, manufacturing tolerances, measurement methods, material variation, and production updates.

Published weights and dimensions may vary slightly from individual production units. Minor variations that do not materially impair the product’s intended function are not necessarily defects.

We may update product designs, materials, components, specifications, packaging, or descriptions where reasonably necessary, provided that the product continues to meet the material description presented at the time of purchase.

Outdoor performance depends on factors including:

• correct product selection;
• proper setup and use;
• user experience;
• site selection;
• maintenance and storage;
• weather;
• terrain;
• temperature;
• moisture;
• wind exposure; and
• other environmental conditions.

Product descriptions, laboratory tests, field tests, demonstrations, reviews, photographs, videos, and performance information are provided for general informational purposes. They do not guarantee identical performance in every location, weather condition, or use case.

You are responsible for reviewing product instructions and selecting equipment appropriate for your experience, destination, activity, expected conditions, and applicable safety requirements.

We reserve the right to modify or discontinue products, limit quantities, and restrict product availability by person, household, geographic region, or jurisdiction, subject to applicable law.

SECTION 3 — ORDERS

When you submit an order, you are making an offer to purchase the products shown in your order.

An automated order confirmation acknowledges receipt of your order but does not necessarily mean that we have accepted it.

An order is accepted when we confirm acceptance, begin fulfilment, or otherwise indicate that the order has been approved.

We may reject, limit, modify, or cancel an order for reasons including:

• product unavailability;
• pricing or product-information errors;
• payment authorization failure;
• suspected fraud or unauthorized activity;
• shipping restrictions;
• export or import restrictions;
• quantity limitations;
• an incomplete or invalid delivery address; or
• circumstances outside our reasonable control.

If we cancel an order after payment has been collected, we will refund the applicable amount to the original payment method, subject to the processing times of the payment provider.

Please review your products, quantities, delivery address, contact details, and payment information before submitting an order. We may be unable to change or cancel an order once fulfilment has begun.

Unless otherwise authorized by WindQuester Gear Inc. in writing, purchases made through our consumer online store are intended for personal or household use and not for unauthorized commercial resale.

Authorized dealers, wholesale customers, brand partners, ambassadors, and other commercial partners may be subject to separate written agreements.

Pre-orders

Products identified as pre-order items are not immediately available for shipment.

Estimated production, availability, and shipping dates are provided in good faith but may change because of manufacturing, quality-control, transportation, customs, supply-chain, or other conditions.

Pre-orders are also subject to our Pre-Order Policy and any product-specific terms disclosed before purchase.

SECTION 4 — PRICES, TAXES, DUTIES, AND BILLING

Prices, discounts, promotions, and product availability may change without notice.

The price charged will generally be the price displayed when the order is submitted, as confirmed in the order confirmation, except in the case of an obvious pricing or technical error.

Unless expressly stated otherwise, displayed product prices do not include shipping charges, customs duties, import taxes, brokerage charges, handling fees, or other charges imposed by a carrier or destination country.

Applicable taxes and shipping charges will be displayed at checkout where they can reasonably be calculated.

For international orders, customers may be responsible for customs duties, import taxes, brokerage charges, or other destination-country fees unless the checkout expressly states that those charges have been collected in advance.

Where duties or taxes are collected at checkout, the applicable amount will be displayed before the order is submitted.

Prices displayed in different currencies may be based on currency conversion rates and may vary because of exchange-rate changes, market-specific pricing, rounding, duties, taxes, or payment-provider fees.

Promotions may have separate eligibility requirements, dates, exclusions, geographic limitations, or other terms. If promotion-specific terms conflict with these Terms, the promotion-specific terms govern that promotion.

You agree to provide complete, accurate, and current billing, payment, delivery, and account information.

You represent that you are authorized to use the payment method submitted with your order and that all charges associated with the order may be charged to that payment method.

Payments may be processed by Shopify and authorized third-party payment providers. WindQuester does not directly store complete payment-card information.

SECTION 5 — SHIPPING AND DELIVERY

Shipping destinations, processing times, delivery estimates, available shipping methods, shipping charges, customs responsibilities, and related conditions are described in our Shipping Policy and at checkout.

Delivery dates are estimates and are not guaranteed unless we expressly agree otherwise in writing.

Delays may occur because of:

• carriers;
• customs inspections or processing;
• weather;
• natural disasters;
• labour disruptions;
• remote delivery locations;
• incorrect or incomplete addresses;
• peak shipping periods;
• supply interruptions; or
• other events outside our reasonable control.

You are responsible for providing a complete and accurate delivery address. Additional costs caused by an incorrect or incomplete address, refused shipment, or failure to collect a shipment may be charged to you where permitted by law.

Risk of loss passes to you upon delivery, except where applicable law provides otherwise.

If a package is lost, materially delayed, or damaged in transit, contact us at info@windquester.com. We will assist with the carrier investigation and determine the available remedy based on the circumstances, our published policies, carrier requirements, and applicable law.

International shipments may be subject to customs inspections, import restrictions, duties, taxes, and fees imposed by the destination jurisdiction.

SECTION 6 — RETURNS, REFUNDS, AND WARRANTY

Returns, exchanges, cancellations, and refunds are governed by our Return and Refund Policy.

Return eligibility may depend on factors including:

• the date of delivery;
• the product’s condition;
• whether the product has been used;
• whether all original components are included;
• whether the original packaging is available; and
• whether the product is excluded from return under the applicable policy.

Products marked final sale, customized goods, gift cards, used products, or certain promotional products may be ineligible for return where disclosed before purchase and permitted by law.

Approved refunds are generally issued to the original payment method after the returned product has been received and inspected.

Shipping charges, duties, taxes, and return-shipping costs may be non-refundable except where the product is defective, materially misdescribed, damaged before delivery, or applicable law requires otherwise.

Product warranty claims are governed by the warranty terms published on our Site or supplied with the product.

Unless otherwise stated in the applicable warranty, warranty coverage does not include damage resulting from:

• normal wear and tear;
• improper use or setup;
• accidents;
• punctures, abrasion, cuts, or burns;
• unauthorized repairs or modifications;
• improper cleaning or storage;
• failure to follow product instructions;
• misuse;
• neglect; or
• use outside the product’s intended purpose.

Nothing in this section limits mandatory consumer rights or statutory warranties that cannot legally be waived.

SECTION 7 — INTELLECTUAL PROPERTY

The Services and their content—including trademarks, logos, trade names, product names, slogans, photographs, videos, audio, text, graphics, product designs, instructions, reviews, software, layouts, and other materials—are owned by or licensed to WindQuester Gear Inc.

These materials are protected by Canadian and international copyright, trademark, patent, industrial-design, and other intellectual-property laws.

You may access and use the Services for personal, lawful, non-commercial shopping and informational purposes.

Unless expressly permitted by us or applicable law, you must not:

• copy;
• reproduce;
• modify;
• create derivative works from;
• distribute;
• republish;
• publicly display;
• publicly perform;
• download;
• systematically store;
• sell;
• license; or
• commercially exploit

any material from the Services without our prior written consent.

Nothing in these Terms grants you a licence or ownership interest in the intellectual property of WindQuester, Shopify, or any third party except for the limited right to access the Services in accordance with these Terms.

“WindQuester,” associated logos, product names, designs, and slogans are trademarks or other intellectual property of WindQuester Gear Inc. or its licensors.

Shopify’s names, logos, product names, and service names are trademarks of Shopify. Other names and marks appearing through the Services belong to their respective owners.

SECTION 8 — OPTIONAL TOOLS

We may provide access to tools, features, applications, integrations, or services operated by third parties.

We may not monitor or control these third-party tools.

Unless otherwise expressly stated, access to third-party tools is provided on an “as available” basis, without endorsement or a separate warranty from WindQuester.

Your use of a third-party tool is subject to the terms, conditions, and privacy policies of the applicable provider.

You should review those terms before using the tool.

We may introduce new tools, resources, or features. Unless separate terms are provided, they will be considered part of the Services and subject to these Terms.

SECTION 9 — THIRD-PARTY LINKS

The Services may include links to or embedded functionality from third-party websites, social-media platforms, payment providers, applications, carriers, review platforms, analytics providers, or other services.

We do not control and are not responsible for the content, accuracy, security, availability, products, services, or privacy practices of independent third parties.

Accessing or purchasing from a third-party service is at your discretion and may be governed by separate terms and policies.

Questions or complaints regarding third-party products and services should generally be directed to the relevant third party, except where WindQuester is responsible under applicable law.

SECTION 10 — RELATIONSHIP WITH SHOPIFY

WindQuester is powered by Shopify, which enables us to provide the Services.

However, purchases made from our store are transactions directly between you and WindQuester Gear Inc.

Shopify is not the seller of WindQuester products and is not responsible for fulfilling orders, providing product support, handling returns, or performing WindQuester product warranties.

To the extent permitted by applicable law, Shopify and its affiliates are not responsible for injury, damage, or loss resulting from WindQuester products or transactions between you and WindQuester.

Nothing in this section limits any obligation Shopify may independently owe to you under its own services, terms, or applicable law.

SECTION 11 — PRIVACY

Our collection, use, disclosure, protection, retention, and processing of personal information are described in our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain information relating to your access to and use of the Services.

Information may also be processed by service providers that help us operate our business, including providers supporting:

• payment processing;
• order fulfilment;
• shipping;
• fraud prevention;
• website hosting;
• analytics;
• customer support;
• email and messaging;
• advertising;
• reviews; and
• other store functions.

Some service providers may process information in countries other than the country in which you reside.

Our Privacy Policy explains the categories of information collected, the purposes for which it is used, the circumstances in which it may be disclosed, and the privacy choices or rights available to you.

By using the Services, you acknowledge that you have been provided with access to our Privacy Policy.

SECTION 12 — FEEDBACK AND USER-GENERATED CONTENT

If you submit, upload, tag, post, email, or otherwise provide a review, photograph, video, testimonial, comment, field report, suggestion, idea, proposal, or other content (“Feedback”), you represent that:

• you own the Feedback or have permission to provide it;
• the Feedback is accurate and not misleading;
• you have disclosed any compensation, free product, discount, or incentive associated with it;
• the Feedback does not infringe another person’s rights; and
• the Feedback complies with applicable law and these Terms.

You grant WindQuester a non-exclusive, worldwide, royalty-free, transferable, and sublicensable licence to use, reproduce, edit, adapt, publish, translate, distribute, display, and promote the Feedback in connection with operating, marketing, and improving WindQuester and the Services.

This licence does not transfer ownership of your original content to WindQuester.

Where separate creator, ambassador, collaboration, campaign, licensing, or Quester Program terms apply, those separate terms govern the applicable content and collaboration to the extent of any conflict.

We are not required to keep unsolicited Feedback confidential, pay compensation for it, publish it, or respond to it unless we separately agree otherwise.

We may moderate, decline, edit, or remove Feedback that we reasonably believe is unlawful, misleading, infringing, abusive, offensive, fraudulent, irrelevant, or otherwise inconsistent with these Terms or our published review standards.

You must not submit Feedback using a false identity or in a manner that misrepresents its source.

SECTION 13 — ERRORS, INACCURACIES, AND OMISSIONS

Information available through the Services may occasionally contain typographical errors, technical errors, inaccuracies, or omissions relating to:

• product descriptions;
• specifications;
• weights or dimensions;
• pricing;
• promotions;
• shipping charges;
• transit estimates;
• taxes;
• inventory; or
• availability.

We may correct errors, update information, or cancel an affected order when information is materially inaccurate, including after an order has been submitted.

If an order is cancelled after payment because of an error, we will refund the applicable amount to the original payment method.

SECTION 14 — PROHIBITED USES

You may access and use the Services only for lawful purposes.

You must not use the Services:

1. for unlawful, fraudulent, deceptive, or malicious purposes;
2. to violate applicable international, federal, provincial, territorial, state, or local laws;
3. to infringe intellectual-property, privacy, publicity, contractual, or other rights;
4. to harass, threaten, abuse, defame, impersonate, or harm another person;
5. to submit materially false or misleading information;
6. to distribute spam, phishing messages, chain letters, malware, viruses, or harmful code;
7. to gain unauthorized access to accounts, systems, networks, or data;
8. to interfere with the security, availability, or operation of the Services;
9. to collect personal information about others without lawful authority;
10. to circumvent access controls, security measures, rate limits, CAPTCHAs, or technical restrictions;
11. to reproduce, scrape, extract, sell, resell, or commercially exploit the Services or their content without authorization; or
12. to use a robot, spider, scraper, automated data-gathering tool, AI agent, or similar process except as expressly permitted by our robots.txt file, an authorized API, these Terms, applicable law, or our prior written permission.

We may restrict or terminate access if we reasonably believe a person or system has violated this section.

SECTION 15 — AUTOMATED AGENTS

This section applies when software or a service takes autonomous or semi-autonomous action to access or interact with the Services on behalf of a person or organization (“Agent”).

An Agent must:

• accurately identify itself where technically appropriate;
• not conceal or misrepresent its automated nature;
• comply with our robots.txt file and applicable technical instructions;
• comply with applicable rate limits and security controls;
• not circumvent CAPTCHAs or other access controls;
• not falsely impersonate a human user; and
• stop accessing the Services when expressly instructed to do so.

We may use technical measures to limit whether and how Agents access the Services.

This section does not prohibit ordinary indexing or search crawlers that access publicly available pages in accordance with our robots.txt file, these Terms, and applicable law.

Permission under robots.txt to crawl a page does not grant ownership of, or a commercial licence to reproduce, republish, train on, or otherwise exploit protected content beyond what applicable law permits.

SECTION 16 — TERMINATION

You may stop using the Services at any time.

We may suspend or terminate your account or access to all or part of the Services if:

• you materially breach these Terms;
• your activity creates a security, legal, fraud, or operational risk;
• we are required to do so by law;
• payment remains outstanding; or
• continued access could harm WindQuester, Shopify, another user, or a third party.

Termination does not affect obligations or liabilities that arose before termination.

Sections that by their nature should continue after termination—including Intellectual Property, Feedback, Privacy, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and amounts owed—will survive termination.

SECTION 17 — DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes.

We make reasonable efforts to maintain accurate information but do not guarantee that all information will always be complete, current, error-free, or suitable for every individual use or outdoor condition.

Except for express product warranties and rights that cannot legally be excluded, the Services are provided on an “as available” basis.

To the maximum extent permitted by law, we do not warrant that the Services will always be uninterrupted, secure, timely, or error-free.

Nothing in these Terms excludes or limits:

• an express warranty provided by WindQuester;
• liability for fraud or wilful misconduct;
• mandatory product-quality obligations;
• statutory consumer protections; or
• any warranty, condition, remedy, or liability that cannot lawfully be excluded or limited.

SECTION 18 — LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, WindQuester Gear Inc. and its directors, officers, employees, affiliates, contractors, agents, licensors, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from or relating to the Services.

This may include loss of profits, revenue, business opportunities, data, or anticipated savings, where such damages are legally excludable.

Where liability cannot legally be excluded, it will be limited only to the extent permitted by applicable law.

Nothing in these Terms excludes or limits liability for:

• fraud;
• wilful misconduct;
• gross negligence where it cannot be limited;
• death or personal injury where liability cannot be limited;
• breach of mandatory consumer protections; or
• another liability that applicable law does not permit us to exclude.

The limitations in this section apply only to the extent they are lawful in the jurisdiction applicable to you.

SECTION 19 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless WindQuester Gear Inc. and its affiliates, directors, officers, employees, contractors, agents, licensors, and service providers from third-party claims, losses, liabilities, damages, and reasonable expenses arising from:

• your material breach of these Terms;
• your unlawful use of the Services;
• your infringement of another person’s rights; or
• content you submit in violation of these Terms.

This obligation does not apply to the extent a claim results from WindQuester’s own negligence, unlawful conduct, or breach of these Terms.

We will provide reasonable notice of an indemnifiable claim and may control its defence, subject to applicable law. You agree to provide reasonable cooperation.

SECTION 20 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be limited or severed only to the minimum extent necessary.

The remaining provisions will continue in full force and effect.

SECTION 21 — WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a right under these Terms does not waive that right.

These Terms, together with our:

• Privacy Policy;
• Return and Refund Policy;
• Shipping Policy;
• Warranty terms;
• Pre-Order Policy;
• promotion-specific terms; and
• any other policy or condition referenced at checkout

constitute the agreement governing your use of the Services and purchases from WindQuester.

If a particular product, promotion, collaboration, pre-order, warranty, or service has additional written terms, those additional terms govern that matter to the extent of any conflict.

Nothing in these Terms prevents a consumer from exercising a mandatory right or remedy under applicable law.

SECTION 22 — ASSIGNMENT

You may not transfer or assign your account or your material rights and obligations under these Terms without our prior written consent.

We may transfer or assign these Terms or our business-related rights and obligations in connection with a merger, acquisition, financing, corporate reorganization, asset sale, or similar transaction, subject to applicable law and our privacy obligations.

SECTION 23 — GOVERNING LAW

These Terms and any separate agreements through which we provide the Services 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 consumer rights that cannot lawfully be excluded, disputes arising from these Terms or the Services may be brought before the courts of British Columbia, Canada.

Nothing in this section prevents a consumer from relying on mandatory legal protections or bringing a claim in another jurisdiction where applicable law grants that right.

SECTION 24 — CHANGES TO THESE TERMS

You may review the current version of these Terms on this page.

We may update these Terms to reflect changes to:

• our products or Services;
• our business practices;
• technology;
• Shopify features;
• legal or regulatory obligations; or
• security requirements.

The updated Terms will be posted with a revised “Last updated” date.

Where required by applicable law, we will provide additional notice of material changes.

Changes do not retroactively alter the terms governing an order already accepted unless required by law or expressly agreed by the parties.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

WindQuester Gear Inc.
Doing business as: WindQuester
Email: info@windquester.com
Business address: 2049 174 St, Surrey, British Columbia V3Z 9Z8, Canada
Telephone: 7787988268
British Columbia, Canada