Kayaks2Fish Terms and Conditions
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.
- By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
- Should we suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with us.
- When you place your Order, we will issue you with an Order Number. We will do this by email.
- By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on our website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products; however we will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email. Nanny Annie Pty Ltd reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
- Payment processing will not begin until we receive all the information we need.
- Business days are Monday through Friday, excluding NSW Public holidays.
- We process credit card and PayPal payments after you click the "Confirm Order" button.
- Where you pay by Bank Deposit you must pay the price payable in Australian dollars as indicated on your Order Confirmation within 5 days from the date that you receive your Order Confirmation.
- If a Bank Deposit payment is not received within 7 days from the date that you receive your Order Confirmation, we reserve the right to cancel the transaction.
- For credit card and PayPal payments we will email a tax invoice to you with your Order Confirmation. Where you pay by Bank Depsoit a tax invoice will be sent to you via email after your payment has been confirmed. Your tax invoice is your proof of purchase.
- Please note we are unable to accept credit cards issued by banks outside of Australia.
- We reserve the right to change prices for Products displayed on our website at any time.
- The price of products shown excludes shipping costs unless specified otherwise.
- Shipping cost is shown separately on the product page and checkout page and is calculated based on how many and what items you place in your shopping cart.
When your Order items have been dispatched, we will email you to confirm shipment of each item.
- Unless otherwise agreed, no more than 14 days must elapse between instalment payments.
- Non-payment of any instalment is considered a breach of the agreement and Kayaks2Fish may cancel the lay-by agreement
- It is your responsibility to notify Kayaks2Fish of any change of address or contact details.
- Lay-bys must be finalised within 4 weeks of the date of the agreement.
- A lay-by cancelled by the customer will incur a fee equivalent to the initial deposit amount due to the bulky nature of the goods.
- If the lay-by sale is cancelled, a refund of the deposit and all payment instalments will be made minus the cancellation fee which is the initial deposit amount.
- The goods must be paid for in full before they will be made available for collection.
- Ownership of the goods will not pass to you until the purchase price has been paid in full and the terms and conditions of the lay-by agreement fulfilled.
- Coupons can only be used towards the (partial) payment of an Order on our website.
- Coupons can only be used in accordance with the Terms and Conditions under which the Coupons are issued. Any Terms and Conditions governing the use of a coupon will accompany that Coupon. Nanny Annie Pty Ltd will determine the content of Terms and Conditions governing Coupons in its absolute discretion.
- Where a Coupon is used towards the payment of an Order there may be an outstanding balance due on the Total Cost of your Order. You must thereafter pay any outstanding balance due on the Order by PayPal, Visa, MasterCard or Bank Deposit.
- For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide at http://www.accc.gov.au/content/index.phtml/itemId/322947.
All Kayaks comes with a minimum of one year (or longer as specified on product pages) warranty. This warranty has its limits, terms, and conditions when making any warranty claims. No warranty will be provided for:
- Normal wear and tear ( including dents, abrasions, areas worn thin) or as a result of abuse or poor maintenance
- Damage caused by any alterations (other than those carried out by Kayaks2Fish), modifications, storage or anchorage to kayak
- Damage caused by scupper hole trolleys (those trolleys with spigots that insert into kayak scuppers)
- Transportation of kayaks; significant or incidental damage to kayak and/or personal property
- Accessories installed on the Kayak (such as hatches, rudders etc) are only covered up to 3 months from the date of purchase
- Damage due to the failure of following procedures and instructions provided
- Kayaks used for commercial use, such as kayak hire or/and the like
- Claims made by persons other than the person who made the purchase - Damage by Freight Company whilst in transit. These claims shall be made with the Freight Company, provided appropriate indemnity is purchased upon accepting shipping terms and conditions. Kayaks2Fish is not in any way affiliated with the shipping company and shall not be held accountable for any damage caused to any items purchased from us
- This product used for any activity other than an activity that is normal for this type of product
Please also note the warranty does not cover:
- Travel and /or other expenses due to the customer's remote location
- Cost of returning the product to Kayaks2Fish and for the cost of having it delivered to you after repair, exchange or refund (as the case may be)
- Transport charges and damage in transit. It is your responsibility to deliver and pick up your product, including any costs associated with the postage of your repair or replacement product. If you do freight your product we recommend that you insure against loss or damage.
- Any loss directly or indirectly associated with the product failing to operate.
- Damage caused by misuse, incorrect operation, adverse weather and accidents
All Missing Items, Damaged or "DoA" claims need to be reported to Kayaks2Fish within 7 days from the time item/s is/are delivered/picked up.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
We reserve the right to change the Terms and Conditions of sale at any time.
No Kayaks2Fish employee or agent has the authority to vary any of the Terms and Conditions governing any sale.