1. Definitions and Interpretations
1.1 In these Terms the following words shall mean:
Contact Address – Experience Canoe Kayak HQ, 12 Banister Grange, Southampton, SO152JN
Contract - these Terms and the Order;
Goods - the items advertised on the Website purchased by You from Us;
Intellectual Property Rights - all patents, database rights, copyright, design rights, trade marks and other similar rights wherever existing in the world whether registered or unregistered together with the right to apply for protection of the same;
Order - the order for Goods placed by You and accepted by Us subject to these Terms;
Order Form - the order form submitted by You subject to these Terms setting out the Goods You wish to Order;
Us, Our, We – Adrian Durrant, trading as Experience Canoe Kayak a sole trader registered in the UK and having its registered office at, 12 Banister Grange, Southampton, SO15 2JN
User – any person who browses the Website;
Website - the website identified by the URL www.experiencecanoekayak.com or such other URL that We may use in connection with the Goods from time to time;
You, Your - the person or organisation using the Website or buying Goods from Us pursuant to these Terms.
1.2 In these Terms references to “in writing” shall include e-mail. Any queries regarding these Terms, the Goods or Your Order must be made to the Contact Address.
2. Application of these Terms
2.1 If you are submitting an Order Form, you agree to be bound by these Terms. If you are a User, Your use of the Website constitutes Your agreement to be bound by these Terms insofar as they are relevant to use of the Website only.
2.2 These Terms (as amended by Us from time to time in accordance with clause 2.3 below) shall apply to the exclusion of any other terms or conditions and You agree to abide by them.
2.3 We reserve the right to vary these Terms at any time. If so, the updated version will be posted on the Website and You will bound by the updated version if You continue to use the Website thereafter.
PART A – USE OF THE WEBSITE
3. Website Content
All rights and title in this Website and its contents is the property of SExperience Canoe Kayak or We are duly licensed to use it. All rights are reserved. You are permitted to download a single hard copy of Website content and print extracts from the Website for Your own personal and non-commercial use. Unless otherwise stated, the Intellectual Property Rights in all material on this Website (including without limitation photographs and graphical images) are owned by Us. Except as expressly provided nothing contained herein shall be construed as creating any license or right under Intellectual Property Rights.
This Website may include links to other websites. These websites and the content, products and services available through them are not under Our control and should not be considered to be endorsed or approved by Us. We do not accept any liability in connection with any third party websites that may be accessed through this Website.
You must not create or encourage any third party to create hyperlinks to the Website without Our prior written consent (which We may withhold at our absolute discretion and without providing any reason).
6. Service access
While We endeavour to ensure that this Website is available 24 hours a day, We shall not be liable if for any reason this Website is unavailable at any time or for any period.
We give no warranties as to the availability, performance or accessibility of the Website. Access to this Website may be suspended temporarily and without notice at Our discretion including without limit in the case of system failure, maintenance or repair or for reasons beyond our control.
7.1 While We endeavour to ensure that the information on this Website is correct, We do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website at any time without notice. The material on this Website may be out of date, and We make no commitment to update such material.
7.2 The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, We provide You with this Website on the basis that We exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website. We do not warrant that this Website, its servers, or emails which may be sent by Us are free from viruses or other harmful components.
7.3 We exclude all liability and responsibility for any amount or kind of loss or damage that may result to You or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with this Website; the use, inability to use or the results of use of this Website; any websites linked to this Website or the material on such websites; Your downloading of any material from this Website or any websites linked to this Website; or viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing of this Website.
PART B – GOODS
8. Goods Information
8.1 We have made all reasonable efforts to accurately display the sizes, colours, shapes and patterns of the Goods for sale on Our Website. You acknowledge and accept however that sizes, colours, shapes and patterns shown on the Website are approximate only. Colours in particular may differ due to Your own computer visual settings and hardware.
8.2 If the Goods You have ordered are not available in the colour, design or size You have requested We will notify You of the colours, designs or sizes currently available. Your Order will not be accepted and You may then resubmit Your Order Form for the Goods in an available colour, design or size.
9. The contract between You and Us
9.1 We must receive payment of the whole price for the Goods that You Order before Your Order can be accepted. Please follow directions given on the Website to place an Order. Payment shall be made by You by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the Order. Once payment has been received by Us We will confirm that Your Order has been received by sending an e-mail to You at the email address You provide in Your order form.
9.2 You have the right to cancel the Order up to the point at which the Goods are dispatched by Us. If You wish to cancel pursuant to this clause then You must notify Us in writing. Should You cancel Your Order before dispatch We will refund in full the amount forwarded by You within 21 days of the Order being cancelled. Credit card charges will be refunded on the same credit card only. Our acceptance of an Order does not take place until dispatch of the Order, at which point a purchase contract will be made.
10.1 Subject to this clause 10, the price payable for Goods that You Order are as set out in Our Website;
10.2 The prices payable for Goods exclude delivery charges. Delivery charges are shown separately when ordering Your Goods.
10.3 Prices are subject to change without notice but changes will not affect Orders which We have already accepted.
10.4 Prices are inclusive of VAT.
10.5 The Price is exclusive of any import or export duty.
10.6 Exclusions apply from our Sale prices.
11. Right of Cancellation
11.1 Notwithstanding clause 11.2 and subject to Your compliance with the remainder of this clause 6, You may also cancel Your Order at any time up to the end of the seventh (7th) working day starting from the date immediately after You receive the ordered Goods provided those Goods are unopened and sealed in their original packaging, unused and in no worse condition than when they were received by You.
11.2 To cancel Your Order You must notify Us in writing before the end of the period set out in clause 11.1.
11.3 All cancellations should be undertaken in accordance with and subject to Our Returns Procedure.
11.4 You must send the Goods back to Our Contact Address at Your own cost and risk.
11.5 Once You have notified Us that You are cancelling Your Order, any sum debited to Us from Your credit card will be re-credited to Your account as soon as possible and, in the event that the Goods have been dispatched, within 21 days of Your cancellation notice PROVIDED THAT the Goods in question are returned by You and received by Us in the condition they were in when delivered to You and in their original packaging. If applicable and unless the Goods are faulty, We shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to You.
12. Cancellation by Us
12.1 We reserve the right to cancel the Contract if:
a. we have insufficient stock to deliver the Goods You have ordered; or
b. we do not deliver to Your area or country; or
c. if one or more of the Goods You ordered was listed with incorrect information including without limit price, and/or description for whatever reason; or
d. if We have reason to believe that You will fail to pay for the Goods or that You will not comply with these Terms.
13. Delivery of Goods to You
13.1 Subject to clause 13.4, We will deliver the Goods ordered by You to the address You give Us for delivery at the time You make Your Order.
13.2 Unless We notify You otherwise, delivery will be made as soon as possible after Your Order is received but in any event within 30 days.
13.3 You will become the owner of the Goods You have ordered when You have paid for them and when they have been delivered to You. Once Goods have been delivered to You they will be held at Your own risk and We will not be liable for their loss or destruction.
13.4 We reserve the right not to deliver Orders if We believe the address is not secure, for example a communal postal address.
13.5 Kayak shipping costs can vary, We are unable to ship kayaks and Canoes to any European address.
14. Liability and Limitation
14.1 Subject to clause 14.4, if the Goods We deliver are not what You ordered or are damaged or defective when You receive them or the delivery is of an incorrect quantity, We shall have no liability to You unless You notify Us in writing at our Contact Address of the problem within seven (7) working days starting from the date immediately after the delivery of the Goods in question. Our only obligation will be, at Our option to:
a. make good any shortage or non-delivery or incorrect delivery; or
b. replace or repair any Goods that are damaged or defective; or
c. refund to You the amount paid by You for the Goods in question
provided that the above obligations shall not apply when such damage or defect has arisen as a consequence of any negligence by You or Your failure to comply with any reasonable instructions issued by Us.
14.2 Save as precluded by law, We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising. Without prejudice to the foregoing, our total aggregate liability to You under and/or arising in relation to the Contract shall not exceed the amount paid by You for the Goods.
14.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from Our Website. The importation or exportation of certain of our Goods to You may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods You purchase.
14.4 Notwithstanding the above, nothing in these Terms is intended to limit any rights You might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to You for any death or personal injury resulting from Our negligence.
14.5 You acknowledge and accept that save as expressly stated on the Website We give no representation, warranty or statement as to the Goods including without limit their quality and/or suitability.
15. Returns procedure
You acknowledge and agree to be bound by the terms of our Returns Procedure.
16. Events beyond our control
We shall have no liability to You for any failure to deliver Goods You have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs, terrorism and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
PART C - GENERAL
Unless otherwise expressly stated in these Terms, all notices from You to Us must be in writing and sent to Our Contact Address.
If any part of these Terms is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these conditions will not be affected.
19. Third party rights
A person who is not a party to this Contract has not got any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
20. Governing law
This Contract shall be governed by and interpreted in accordance with English law and the English Courts shall have jurisdiction to resolve any disputes between us.
If You have any concerns or complaints about the Goods, this Website or the service You have received then please write to the Contact Address.
22. Entire Agreement