Kayaks2Fish Terms and Conditions
About These Terms and Conditions
In these Terms and Conditions, "we" and "us" mean Orca Corporation Pty Ltd t/a Kayaks2Fish ABN 70 624 401 092 of 11 Verrell Street, Wetherill Park NSW 2164 , 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.
Australian Sales Only
We only sell and ship products within Australia. We will not make deliveries outside of Australia.
Legal Capacity to Transact
- If you are under the age of 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.
Placing Your Order
- You may place an Order by filling in the Order Form on our Web Site and clicking the "Place Order" button.
- An order may also be placed over the phone during business hours.
- 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. Orca Corporation 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 Methods and Processing
- We currently accept payments via PayPal, Visa, MasterCard, Bank Deposit, Afterpay and Zippay. Surcharge may apply for each payment type. Surcharge rate is shown on our website (e.g. 2% for payment via PayPal).
- 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 charges 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/ZipPay 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/ZipPay charges us, which at the time of writing was 3.5% 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/ZipPay fee.
All prices shown on our website include GST.
While we endeavour to keep information and product images at this Site constantly up to date, sometimes a product's details may be updated by the supplier at their discretion and we were not immediately informed. We reserve the right to update or correct information on the Site at any time without notice.
In the event that a product is listed at an incorrect price or with incorrect information, we have the right to refuse shipment of or cancel any Offer to Purchase for the Product. Where we become aware of any error or inaccuracy after acceptance of your Offer to Purchase, we will inform you as soon as possible and give you the option of replacing your order at the correct price or cancelling your order for a refund. Where we cannot get in contact with you by close of the business day on which we become aware of the error, your order will be cancelled and refunded.
We also reserve the right to correct these prices in the event that they are displayed incorrectly.
Supply Of Your Products
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.
In the event that a package has gone well beyond the expected delivery time or it appears to be lost in transit we can offer two solutions to choose from:
- Replacement - If you would like us to send a replacement item immediately then we will need to take and hold your credit card details on file, in case the courier does deliver the package and you decide to keep both the original & replacement.
- Open Investigation: We can open an enquiry with the courier company and wait for their investigation to finish, it could take up to 4 weeks to get the report. If the package is determined to be lost in transit we will offer a refund or replacement.
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 a 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.
Due to the bulky nature of the product, there could be some scratches on the kayak as it gets moved around in trucks and go through various depots. These scratches are cosmetic only and won't impact the performance of the kayak.
Change of Kayaks colour/model
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 a available higher priced kayak model.
Cancellation of order prior to pick up
If you wish to cancel an order prior to pick up, there is an admin fee of $25 per order in addition to a payment surcharge if paid with AfterPay, Zippay or PayPal.
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 and any payment fees i.e. Paypal, Afterpay and Zippay 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 are fulfilled.
Kayaks/SUP/Paddle Boards price listed on our website are warehouse pickup price.
We typically allow 10 business days for collection once the kayak is available.
Extensions are available by emailing us at email@example.com. Please include your order number and when you would like to pick up the kayak.
If you do not pick up within the 10 business days and do not contact us about an extension there is a storage fee of $5 per week.
Always check the warehouse location page on the website before heading to the warehouse. Due to the ongoing COVID-19 issue the warehouse may have to close unexpectedly due to testing.
Kayaks2Fish is not responsible for unexpected warehouse closure or any costs resulting from customers travelling to the warehouse on a closed day/s.
- Orca Corporation 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. Orca Corporation 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
- 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
Some Products - Manufacturers Warranty
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 troubleshooting 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).
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 the 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 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.
Your Data - Use and Protection
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 using such data in order to provide you with information on other Kayaks2Fish Products, you should indicate your non-agreement via email to firstname.lastname@example.org .
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.
Third Party Content
This website contains information from or hyperlinks to websites operated by third parties. Kayaks2Fish provides such information and hyperlinks for your convenience only, but is not responsible for and does not endorse the content of any such information, website or influencer.
Kayaks2Fish does not guarantee and is not responsible or liable for the behaviour, features, content, promotions, views, experience of Sponsored Partners.
Damage to computer or other device
We will take reasonable care in ensuring that our website is free from viruses or other dangerous content. However, we cannot guarantee that use of this website will not cause damage to your computer or other devices. It is your responsibility to make sure that you have the proper equipment and anti-virus software to use this website safely.
Kayaks2Fish is the owner or authorised user of all intellectual property in and associated with the website. Kayaks2Fish is also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, used or referred to on the website.
You have no rights in or licence to any of the intellectual property, trademarks, logos, content, names or designs, whether registered or unregistered, found on the website.
SEVERANCE OF CLAUSES
If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.
- You acknowledge that the video clips and photographs contained in this Site may depict activities undertaken by qualified and highly trained professionals and/or experts.
- You agree not to attempt to replicate any activities shown on this Site unless you have:
- checked the service information and specification for the specific product, vehicle or system that you are using or working on, as the correct method may be different to any generic example shown in this Site;
- obtained advice from the relevant qualified experts, tradespeople and/or professionals;
- complied with all applicable laws, regulations and by-laws; and
- employed safe practices for carrying out the activities.
- The film and text transcript in this website are intended to be an information source only. Kayaks2Fish makes no statements, representations or warranties about the accuracy or completeness of the films.
- Subject to applicable laws, Kayaks2Fish does not accept any liability (including, without limitation, liability in negligence) for any expenses, losses, damages, costs, accidents, injuries, deaths, fines, legal proceedings, suits, or any other law violations you suffered, incurred or made against you as a direct or indirect result of your access and use of this website and its contents (including but not limited to the films and the information in any films being inaccurate or incomplete in any way, and for any other reason).
- The films in this website may be used or reproduced in whole for non-commercial and/or personal use provided that any reproduction is unaltered and that an attribution of the source is included. The film may not be altered, built upon or transformed. All information on this website is protected by copyright and other intellectual property rights. The text, images, graphics, sound files, animation files, video files and their arrangement on this website are all subject to copyright and other intellectual property protection laws in Australia and other countries, including but not limited to the Copyright Act 1968 (Cth) and through international treaties. Apart from any use that is permitted under the Copyright Act 1968 (Cth), all rights are reserved.
- Kayaks colours may vary slightly than depicted in images due to hand mixing of colours.
- There may be slight differences in the design of the kayaks, as multiple moulds are used. These differences are minor and will not affect the performance or features of the kayak.
- The kayak weights are just approximate and can slightly vary.
- During the shipping process some kayaks may get compressed. This can be easily fixed by placing the kayak in the sun which will cause the plastic to expand to its original size.
- Due to the bulky nature of the product, there could be some scratches on the kayak when it is shipped to an address as it gets moved around in trucks and goes through various depots. These scratches are cosmetic only and won't impact the performance of the kayak.
- Always check local weather conditions and wear an approved life jacket when kayaking.
- Check your state/local Marine (boat) licence requirement to operate canoe/kayak with a trolling motor prior to purchasing.
Affiliate Program Terms and Conditions
By participating in our affiliate program, you agree to the following terms and conditions:
To enroll in our affiliate program, you must submit an application through our website. We reserve the right to accept or reject any application at our discretion.
Upon approval, you will be provided with a unique referral link to promote our products or services. You are responsible for ensuring that your link is properly formatted and functional. Any errors in your referral link resulting in missed commissions will not be our responsibility.
You may promote our products or services on your personal website, social media, or through other methods approved by us. You must follow all applicable laws and regulations and avoid any actions that may harm our brand or reputation.
You will earn a commission on any sales made through your referral link or a unique coupon code. Commission rates may vary and are subject to change at our discretion. Commissions will be paid on a regular basis, typically monthly, provided that you have met the minimum payment threshold.
Payments will be made through a method selected by us, such as bank transfer or store credit. You are responsible for providing accurate payment information and updating it as necessary. We are not responsible for any fees or charges associated with your payment method.
We reserve the right to terminate your participation in the affiliate program at any time, for any reason, without notice. If we suspect fraudulent activity or a violation of these terms and conditions, we may withhold commissions and take legal action if necessary.
We reserve the right to modify these terms and conditions at any time, without notice. It is your responsibility to review these terms regularly to ensure that you are in compliance. Your continued participation in the affiliate program after any modifications constitute acceptance of the updated terms.
Limitation of Liability
We will not be liable for any damages, including indirect, special, or consequential damages, arising from your participation in the affiliate program. You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your actions as an affiliate.
These terms and conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which we operate. Any disputes arising from these terms and conditions shall be resolved through binding arbitration in accordance with the rules of the relevant jurisdiction.
By participating in our affiliate program, you acknowledge that you have read, understood, and agree to these terms and conditions.