Kayaks2Fish Terms and Conditions


In these Terms and Conditions "we" and "us" mean Nanny Annie Pty Ltd t/a Kayaks2Fish ABN 52 142 979 217 of 38 Cadell Ave, Mayfield NSW 2304 Australia, and "you" means you the customer.

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.
 
We only sell and ship Products within Australia. We will not make deliveries outside of Australia.
 
- If you are under the age eighteen (18) years you cannot place orders with us.
- 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.
 
- You may place an Order by filling in the Order Form on our Web Site and clicking the "Place Order" button.
- 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.
 
- We currently accept payments via PayPal, Visa, MasterCard, Bank Deposit, Afterpay and Zippay.
- 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.
-  If you pay for goods on this website using AfterPay and then change your mind and want to cancel or a refund, we will charge you the full amount of the non-refundable fee AfterPay charge us, which at the time of writing was 6% of the total transaction amount. Therefore if we choose to provide a refund, we will only refund the remainder, not including the amount of the AfterPay fee.
-  If you pay for goods on this website using PayPal and then change your mind and want to cancel or a refund, we will charge you the full amount of the non-refundable fee PayPal charge us, which at the time of writing was 3% of the total transaction amount. Therefore if we choose to provide a refund, we will only refund the remainder, not including the amount of the PayPal fee.
 
All prices shown on our website include GST.
 
- We always seek to list Products with the most competitive prices.
- 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.
 
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.

When your Order items have been dispatched, we will email you to confirm shipment of each item.
 
All kayaks and paddle boards listed on our website are priced for pickup from our warehouses. It is your responsibility to pick up the kayaks/paddle boards from selected warehouse during our operating hours. We are not liable for any cost incurred directly or indirectly associated with the time & cost for picking up the purchased goods.
 
If you wish to change kayak colour or lower priced model after placing order or at time of pick up, there is an admin charge of $25 per kayak. There is no admin fee if you upgrade to available higher priced kayak model.
 
Lay-by/Deposit payment is available and accepted via phone orders only
- An non-refundable initial deposit of 20% is required (or an amount agreed by Kayaks2Fish)
- 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.
 
- Nanny Annie Pty Ltd in its absolute discretion may from time to time provide discount Coupons to existing and/or new customers.
- 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.
 
- Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties.
- 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.
 
Some Products sold by us are serviced and supported by the manufacturer or supplier in accordance with the warranty information provided on the listing or with the product. Items involving electronic parts require a high level of support therefore we would ask you to contact the manufacturer or supplier for trouble-shooting assistance. If the manufacturer or supplier is unable to assist, and the product is covered by a statutory warranty, we will replace the item, issue a refund or otherwise provide a remedy.
 
If you make a claim under a Manufacturer’s warranty, you must pay for the 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)
 

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

Damaged Products/'Dead On Arrival'/Missing Items

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.

We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

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.
 
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Kayaks2Fish Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Kayaks2Fish Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.
 
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Kayaks2Fish. Any unauthorised assignment shall be deemed null and void.

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.
 
Kayaks2Fish shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Kayaks2Fish, and Kayaks2Fish shall be entitled to a reasonable extension of time for the performance of such obligations.
 
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.