Terms & Conditions
Last updated: December 2024
1. Acceptance of Terms
By accessing and using the Pacific Kayaks website ("Site"), you accept and agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our Site.
2. Products and Pricing
Pricing: All prices displayed are in Australian Dollars (AUD) and include GST unless otherwise stated. Prices are subject to change without notice. Final pricing will be confirmed in your quote.
Product Specifications: We make every effort to ensure product information is accurate. However, specifications, colours, and features may vary. Kayak specifications are provided by manufacturers and are subject to change.
Made-to-Order Products: Many kayaks are custom-built to order. Lead times vary and will be communicated in your quote.
3. Quote Requests and Orders
Submitting a quote request does not constitute an order or contract. A binding agreement is formed only when we accept your order and receive payment or deposit as specified in your quote.
We reserve the right to decline any order for any reason, including but not limited to product unavailability or pricing errors.
4. Payment Terms
Payment terms will be specified in your quote. For made-to-order kayaks, a deposit is typically required to commence the build, with the balance due before delivery.
We accept bank transfer and other payment methods as specified at the time of purchase.
5. Delivery and Shipping
Delivery costs and timeframes will be provided in your quote based on your location. Shipping costs vary depending on the delivery address and kayak specifications.
Risk of loss and title for items pass to you upon delivery. Please inspect your kayak upon delivery and report any damage immediately.
For pickup orders, items must be collected within 14 days of notification unless otherwise agreed.
6. Returns and Refunds
Made-to-Order Products: Custom-built kayaks are non-refundable unless defective. Deposits for cancelled made-to-order items may be forfeited.
Stock Items: Returns of stock items may be accepted within 7 days of delivery if the item is unused, in original packaging, and in resaleable condition. Return shipping costs are the responsibility of the buyer.
Consumer Guarantees: Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law.
7. Warranty
Kayaks are covered by manufacturer warranties. Warranty terms vary by brand and construction type. Specific warranty information will be provided with your purchase. Warranty claims should be directed to Pacific Kayaks for assessment and coordination with the manufacturer.
8. Limitation of Liability
Kayaking involves inherent risks. Pacific Kayaks is not liable for any injuries, accidents, or damages arising from the use of products purchased from us. Users are responsible for ensuring they have appropriate skills, training, and safety equipment.
To the maximum extent permitted by law, our liability for any claim is limited to the purchase price of the product in question.
9. Intellectual Property
All content on this Site, including text, images, logos, and design, is the property of Pacific Kayaks or our licensors. You may not reproduce, distribute, or use any content without our written permission.
10. Governing Law
These Terms are governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.
11. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site constitutes acceptance of the modified Terms.
12. Contact
For questions about these Terms, please contact us.
