Terms and Conditions

Performance Kayaks Terms and Conditions (2013-07-26). Please print a copy for your records.

This website is operated by Performance Kayaks (referred to as "Performance Kayaks/we/our/us"). As user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make Online, Email or by Telephone ("use/using") is subject to our terms and conditions below.

Please Read through these terms and conditions carefully before using this website.

Sale Items Items excluded from the sale are: • Composite Boats • Special Order Items • Special Offer Items

All items in the sale and are excluded from the Free Delivery offer. Small items will be charged at £7.95, Paddles will be charged at £15 and Boats under 3m charged at £25. Sale items are excluded from any other offers.

1. Terms and Conditions of sale from Performance Kayaks.
• We reserve the right to change these terms and conditions at any time. Any changes will take effect when posted on the website and dated in the header notes. It is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
• If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.

2. Orders

• All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
• The 'confirmation' stage sets out the final details of your order. You will be viewing this in a secure server screen. When you place your order you will be sent an automatic confirmation email.
• Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it. Please see Returns and Refunds section.
• We do not file details of your order for you to subsequently access via this website; please print out these terms and conditions and the order confirmation for your own records. You will need the 'Order reference Number' on the 'Order confirmation' for any correspondences with us regarding your order.

3. Delivery
• This website price is only for delivery of small products to customers in mainland UK, Northern Ireland, Channel Islands & Isle of Wight. Deliveries to the Republic of Ireland, Isle of Man, Scilly Isles, Orkney, Shetland and Scotland & BFPO addresses (and on boats and paddles to some parts of the UK) we will contact you with delivery options & costs.
• Items ordered will be processed as soon as possible for despatch (In-Sock Items Only). • We will endeavour to dispatch the goods the Next Working Day by the fastest, most cost effective way possible unless Express Delivery is selected. In which case we will endeavour despatch the Next Working Day by 24hr Courier. • Delivery charge is shown in the 'Shopping Basket' and relates to the goods in the 'Shopping Basket' and to U.K addresses only.
• All items in the sale or on Special Offer are excluded from the Free Delivery offer. Small items will be charged at £6.99, Paddles will be charged at £15 and Boats under 3m charged at £25.
• Estimated Delivery time, we endeavour to supply goods ordered within 3-5 working days. We use an overnight service for the Express Deliveries and a 3-Day delivery service for kayaks & canoes. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Performance Kayaks shall be under no liability for any delay or failure to deliver the products within estimated time scales.
• Orders placed on a Friday will be dispatched the first working day of the following week. We do not provide a Saturday delivery service, unless by special request and at extra cost.
• Performance Kayaks cannot be held responsible for the performance of the Carriers. We will provide consignment details and tracking numbers on request.
• Carriage charges on International (Non-UK) orders are shown as Zero on the Ordering system. Please place your order fully and we will contact with the total cost (including Carriage) before processing your Order.
• Upon delivery, please check all packaging and/or if possible the goods within. If any damage is visible, sign as "Received Damaged". If you the goods are damaged you are with your rights to refuse and ask the goods to be "Returned to Sender". It is your duty to inspect and confirm that the goods are in "Good Condition" before signing!
• Goods ordered and sent to the delivery address will require a signature. If you are not in the courier will leave a card and we reserve the right to pass on a charge levied onto for this by our courier of £6.00 plus VAT. So please ensure that someone will be available to sign for the goods at the delivery address.

4. Payment
• We require payment at the time we receive your order, in all cases where the product is ready for dispatch. Any item placed on back order will require the payment of a deposit. This deposit is not refundable.
• The price you pay is the price displayed in the website-shopping basket at the time we receive your order, exception: While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
• Payment can be made by Credit Card or Debit Card. All Card details are entered on a Secure Server provided by a Certified E-Commerce provider. Card and Personal information is then encrypted. No Unencrypted information is kept on the Secure Server or Performance Kayaks computers.
• All International (Non-UK) orders please fully complete the online order form and submit. Once we have receive your order, we will contact you regarding full cost (inc Shipping). All transaction will be paid via Paypal or Electronic Bank Transfer (BACS); details will be made available upon acceptance of charges. Goods will not be sent until payment is received in full.
• Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
• All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise. VAT will be deducted at time of process for those areas that are VAT exempt.
• Minimum Transaction Order amount required £10.00.

5. Returns, Cancellations and Specification
• Non-warranty product returns (excluding our error) will be exchanged or refunded provided the product is returned in the supplied condition, unused in its original undamaged packaging within 10 days of purchase. Postage/carriage charges on non-warranty returns will not be refunded and a 5% transaction charge will be levied to cover the charges incurred by us in processing and refunding your order.
• A return for refund made after 10 days of purchase will incur a 15% restocking charge (excludes warranty returns).
• Orders cancelled after credit card processing will incur a 5% transaction charge to cover the charges levied on us by the card issuing companies.
• Manufacturer specifications may change without our being notified. Product supplied will always achieve, or exceed the specification described on the web site.
• All sizes and measurements are as provided by the manufactures, we try to make sure that they are as accurate as possible.

6. Purchase of Knives
• British Law regarding knives and knife bladed tools. It may be an offence to carry a bladed or sharply pointed instrument in a public place if you cannot show good reason for doing so e.g. essential for work. The only exception to this law is a small non locking folding pocket knife with a cutting edge LESS than 3 inch (7.5cm). When you purchase from Performance Kayaks you have been made aware of the law.
• You must of 18 years old & above to purchase any knife.

7. Liability
We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you. Data is not provided or shared with any other party, all information is held within Performance Kayaks for internal use only.

8. Illustrations/Images
All illustrations/Images on this website indicate designs and shape only. Please note that many of the products are available in different colours, the colour of the illustration/image may not be the colour you receive or available. If a specific colour is required please indicate your requirements by emailing or telephoning your preference.

9. Contract
• The laws of England shall govern the contract between us and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
• Performance Kayaks shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
• These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations. Understandings and agreements between you and Performance Kayaks relating to the use of this website(including the order of products) and sets forth the entire agreement and understanding between you and Performance Kayaks for your use of this website.

10. Distance Selling Regulations
Distance Selling Regulations expected you to have made sufficient enquiry to make an informed purchase. You are encouraged to discuss your intended purchase should you require any additional information that leads you to making an informed purchase. Your right to cancel your order does not apply to items personalised or made to your specification. Should you decide to return your purchase for a refund or exchange you are required to take all reasonable care of that purchase and return it intact, unused in merchantable packaging.

11. E&OE (Errors & Omissions Exempted)
Although care has been taken to ensure the accuracy of the information provided on the site, all information is provided without any representation or warranty as to its accuracy and in no event shall Performance Kayaks be liable in connection with the use of this information unless otherwise stated.

12. Contact Details 

Performance Kayaks

Email. performance@kayaks.co.uk
Performance Kayaks VAT No 826 3802 29