Terms and Conditions main image Terms and Conditions image

Electronic communications.

When you visit our websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright.

All content included on this site is the property of us or its suppliers and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of us and protected by Australian and international copyright laws. All software used on this site is the property of us or its software suppliers and protected by Australian and international copyright laws.

Trademarks.

Our graphics, logos, page headers, icons, and service names are trademarks, or trade dress of us in Australia. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with or connected to us.

License and site access.

We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of us. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of us. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without the express written consent of us. Any unauthorized use terminates the permission or license granted by us.

Your account.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Member discount.

If you have subscribed and are offered a C-Kayak membership discount at the point of sale, the applicable discount can only be used once and cannot be used in conjunction with any other offer or discount. Any discount offered is inclusive of GST can only be used once and is not transferable to any third party.

Reviews, comments, communications and other content.

Visitors may post feedback and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your true identity.

We reserve the right (but not the obligation) to publish, remove or edit such information. If you do post content or submit material, and unless we indicate otherwise, you grant Selddap Pty Ltd a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You grant us the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply.

We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assumes no liability for any content provided by you or any third party.

Risk of loss.

Where goods are collected by the customer from one of our stores we take full responsibility for any loss or damage to the goods up to and including the point where the customer takes possession of the goods, which in effect equates to the point at which the goods leave the store, or are picked up by the customer.

Where the goods are to be delivered by a third party carrier to one of the courier depots for collection by the customer, then the following will apply: 

All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

We make use of reputable couriers and will take every effort to ensure that your goods are suitably wrapped for transportation however there is always a possibility that goods may be damaged or lost in transit. 

We therefore provide you with the option to insure your goods against possible freight loss or damage. This option is provided at the bottom of the Shopping Cart screen.  Here is an explanation of the extent and nature of this coverage. 

Freight insurance is provided through an accredited provider. The cost of this insurance is $99 inc GST per shipment. In the event that goods are damaged in transit and you have taken the option to have them insured we will ensure that the goods are replaced or repaired back to good order, depending on the nature and extent of the damage. 

This insurance covers “real” damage i.e. structural damage or serious cosmetic damage to the goods which might impact its use or resale value. The insurance does not cover scratches, blemishes or other minor cosmetic impediments that might occur from time to time during normal handling, especially if these impediments are what might be expected to occur in any case within a short period of normal use. In the event that there is disagreement as to whether the impediments are “real” or not then the logic to apply is what is a reasonable outcome. 

Before sending by courier all goods will be first inspected by us to ensure that they are free of any defects or damage (with the exception of goods which are still in their original packaging as these goods will be deemed to be in good condition when shipped) In the event that goods are damaged when you receive them and it is difficult to ascertain whether the goods were damaged in transit or prior to being shipped then it will be deemed that the goods were damaged in transit (with the exception of manufacturer's warranty issues, which will be referred back to the manufacturer for resolution) 

By taking the decision to use this insurance option you are deemed to understand and accept the terms and conditions relating to freight insurance. 

Should you choose not to take our insurance option then you effectively take full responsibility for any damage to or loss of goods that might occur whilst the 
goods are in transit. Under no circumstances will we be held accountable for goods damaged or lost in transit.

In the unlikely event that goods are damaged when you receive them and it is difficult to ascertain whether the goods were damaged in transit or prior to being shipped then it will be deemed that the goods were damaged in transit (with the exception of manufacturers warranty issues, which will be referred back to the manufacturer for resolution)  

Damage to property by third party.

In the unlikely event that your property is damaged by any third party commissioned by us, such as a courier, contract driver or freelancer, then you will have to take the matter up with that third party. We will assist by providing you with the contact details of such third party and where possible will facilitate any such discussions, but cannot be held responsible for any damage caused by any such third party.

Product descriptions.

We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us itself is not as described, your sole remedy is to return it in unused condition. Colours may vary in products from time to time based on manufacturing processes. C-Kayak endeavours to keep all products up to date with current models, colour options and availability noting that certain models, configurations and colour options may not be available or as pictured at all times. Your local store will be able to confirm specific model availability. Shipping delays do occur and are out of our control. 

Pricing.

Except where noted otherwise, the price displayed for products on our website includes GST. The recommended retail price listed on the product itself, is suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. Despite our best efforts, a small number of the items in our range may be mispriced, our apologies in advance for any inconvenience. If an items correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Disclaimer of warranties and limitation of liability.

This site and all information, content, materials, products (including software) included on this site are provided by us on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representation or warranties of any kind, express or implied as to the operation of this site or the information, content, materials, products included on this site, unless otherwise specified in writing.  You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.  We do not warrant that this site; information, content, materials, products included on this site; their services; or electronic communications sent from Seldus are free of viruses or other harmful components. 

We will not be held liable for any damages of any kind arising from the use of this site or from any information, content, materials, products included on this site, unless otherwise specified in writing.  Many of our products come with a guarantee or warranty from the manufacturer. In addition, they come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Full details of your consumer rights may be found at www.consumerlaw.gov.au.  

Disputes.

Any dispute or claim relating in any way to your visit to our websites or to products or services sold or distributed by us online will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered office below.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable law.

By visiting our websites, you agree that the laws of NSW, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us.

Site polices, modifications and severability.

Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to our websites. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

Our address.

All correspondence to:

C-Kayak

PO Box 991

Gladesville, NSW, 1675

Email: sales @ kayaksandsups .com .au

 

Delivery charges.

If you select to have your kayak delivered for a fee then this is the fee that you will be charged provided that you are happy to wait for our courier to get to you on his normal rounds. 

Once you have placed your order C-Kayak will get in touch with the courier and then with you to discuss the approximate timing of your delivery. 

Should you require urgent delivery (ie cannot wait for our courier to get to you) then we will call for a price to get the goods shipped to you ASAP using a general courier. 

Usually the general courier fee will be higher than that charged by our dedicated kayak courier. You will be required to pay any difference.

Product availability and colour choice.

We carry at any one time up to 1,000 kayaks plus thousands of accessories across our various stores and main warehouse, however, there may be times when we are out of stock of a particular item or listed colour.  

Each store usually has in stock at any one time at least one or more of each product, however, the stores cannot possibly carry every kayak in every colour. Stores receive regular deliveries from our main warehouse so, please allow time for your local store to take delivery of your purchased item. For interstate deliveries to areas where we do not have a store, please allow extra time for the courier to deliver to your nearest depot. 

Wherever possible you will be provided with the exact items that you have purchased, but there may be instances in which we do not have in stock in our warehouse your preferred colour. In such instances you will be provided with your next choice of colour. In instances where your first, second or third choice of colour is not available then someone from C-Kayak will contact you to discuss alternate colour options. The unavailability of one or more particular colours will not constitute grounds for cancellation. 

In some rare instances we may be completely out of stock of a particular product, in which case someone from C-Kayak will get in contact with you to discuss any likely delays.  

At any stage prior to collection, you may exchange you product for the same model in another colour, or another product of similar value.  This is not applicable to special/custom colours or products. Any minor differences in price will of course need to resolved mutually. 

Website & Payment Security.

We take all reasonable steps to keep secure any information which we hold about you. Personal information may be stored both electronically on our computer system, and in hard-copy form. Firewalls, 2048 Bit v3 SSL encryption, passwords, anti-virus software and email filters act to protect all our electronic information.

We do not store credit card information, we securely submit credit card information to our bank for processing. 

Paddle days disclaimer and what to bring guide.

Disclaimer.

Kayaking involves an element of danger and can be physically demanding.  Please observe the following safety standards whenever kayaking:

• Ensure that your kayak has sufficient buoyancy 

• Always wear a suitable PFD 

• Ensure that you have suitable footwear, particularly for when entering and exiting your kayak 

• Ensure that you have sufficient experience in paddling your specific craft before taking off on such an adventure

• If necessary, get kayak instruction specific to this type of craft.  Australia Canoeing can provide you with contact details for qualified instructors in your local area

• Dress appropriately for the weather to avoid heat stroke or hypothermia 

• Never paddle alone 

• Be aware of tidal changes, dangerous currents and weather changes 

• Do not attempt to exceed your paddling ability and never take unnecessary risks

• Consult your doctor prior to commencing the activity if you have any reason to suspect that you are not physically well enough to take part 

• Do not consume alcohol or other mind altering drugs prior to these activities 

• Follow the manufacturers’ recommendations for the use of the product

• Always check the weather report prior to taking part in paddle sports activities.  Should there be thunderstorms or strong winds predicted then you should cancel your arrangements to go paddling and rather do something else on that day.

 

By taking part in these activities you should take the same degree of care and caution that you would take if you were doing so outside of the proposed paddle and acknowledge both an understanding and assumption of the risks involved in paddle sports.

These activities are arranged by staff from C-Kayak for recreational purposes.  C-Kayak merely assists (at no charge) with communicating the proposed venue, date and time to paddlers and also offers free advice and suggestions from time to time. 

C-Kayak takes no responsibility for any accident or injury that might occur while taking part in these activities.  If you are concerned about incurring personal injury then we suggest that you take out personal insurance to cover such as these activities are not covered by C-Kayak.

What to bring guide.

• Your kayak 

• Paddle & PFD (you should wear a PFD at all times while on the water) 

• Sunglasses, hat, sunscreen 

• Plenty of drinking water 

• Picnic lunch & refreshments 

• Suitable shorts, top and swimmers 

• Camera (optional) – remember to put it in a dry bag 

• A towel and change of dry clothes 

• Joggers, sand shoes or reef shoes 

• Windproof / waterproof clothing

 

Copyright Selddap Pty Ltd January 2022