Welcome to C-Kayak Online. C-Kayak Australia Pty Ltd provides website features to you subject to the following conditions. If you visit or shop at C-Kayak Online, you accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to C-Kayak Online, to understand our practices.
When you visit C-Kayak Online 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.
All content included on this site is the property of C-Kayak Australia Pty Ltd or its suppliers and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of C-Kayak Australia Pty Ltd and protected by Australian and international copyright laws. All software used on this site is the property of C-Kayak Australia Pty Ltd or its software suppliers and protected by Australian and international copyright laws.
C-Kayak graphics, logos, page headers, icons, and service names are trademarks, or trade dress of C-Kayak Australia Pty Ltd in Australia. C-Kayak's trademarks and trade dress may not be used in connection with any product or service that is not C-Kayaks, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits C-Kayak. All other trademarks not owned by C-Kayak Australia Pty Ltd that appear on this site are the property of their respective owners, who may or may not be affiliated with or connected to C-Kayak Australia.
LICENSE AND SITE ACCESS
C-Kayak Australia Pty Ltd grants 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 C-Kayak Australia Pty Ltd. 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 C-Kayak Australia. You may not use any meta tags or any other "hidden text" utilizing C-Kayak's name or trademarks without the express written consent of C-Kayak Australia Pty Ltd. Any unauthorized use terminates the permission or license granted by C-Kayak Australia Pty Ltd.
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. C-Kayak Australia Pty Ltd reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
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. C-Kayak Australia Pty Ltd reserves 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 C-Kayak Australia 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 C-Kayak Australia Pty Ltd 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 C-Kayak Australia Pty Ltd for all claims resulting from content you supply. C-Kayak Australia Pty Ltd has the right but not the obligation to monitor and edit or remove any activity or content. C-Kayak Australia Pty Ltd takes 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 cusotmer from one of our stores C-Kayak takes full responsibility for any loss or damage to the goods up to and including the point where the customer takes posession of the goods, which in effect equates to the point at which the goods leave the store, or are picked up by the cusotmer.
Where the goods are to be delivered by a third party carrier to one of the courier depots for collection by the cusotmer, then the following will apply:
All items purchased from C-Kayak Australia Pty Ltd 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.
C-Kayak Australia Pty Ltd makes 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 GIO. The cost of this insurance is $99 per shipment. In the event that goods are damaged in transit and you have taken the option to have them insured C-Kayak 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 ie 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 C-Kayak 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 manufacturers 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
goods are in transit. Under no circumstances will C-Kayak 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
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 THRID PARTY
In the unlikely event that your property is damaged by any third party commissioned by C-Kayak, such as a courier, contract driver or freelancer, then you will have to take the matter up with that third party. C-Kayak 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.
RETURNS, REFUNDS AND TITLE
C-Kayak Australia Pty Ltd does not take title to returned items until the item arrives at our Distribution Centre. At our discretion, a refund may be issued without requiring a return. In this situation, C-Kayak Australia Pty Ltd does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy
C-Kayak Australia Pty Ltd attempts to be as accurate as possible. However, C-Kayak Australia Pty Ltd does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by C-Kayak Australia Pty Ltd itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, 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. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. With respect to items sold by C-Kayak Australia Pty Ltd, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If an item's 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 C-Kayak Australia on an “as is” and “as available” basis, unless otherwise specified in writing. C-Kayak Australia Pty Ltd makes 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, C-Kayak Australia Pty Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. C-Kayak Australia Pty Ltd does not warrant that this site; information, content, materials, products included on this site; their services; or electronic communications sent from C-Kayak Australia Pty Ltd are free of viruses or other harmful components. C-Kayak Australia Pty Ltd 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.
Any dispute or claim relating in any way to your visit to C-Kayak Online or to products or services sold or distributed by C-Kayak Australia Pty Ltd or through C-Kayak 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.
By visiting C-Kayak Online, 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 C-Kayak Australia Pty Ltd.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
C-Kayak Australia Pty Ltd
P.O. Box 40
Ourimbah NSW 2258
When a kayak is ordered online you may have the option to collect from one of our stores, in which instance there will usually be no delivery charge (except for Online Only items), or you may select to have it delivered to your address for a small fee. We make use of a dedicated kayak courier, who regularly makes runs up and down the East Coast of Australia. The timing of his being able to get the goods to you will depend on his whereabouts at the time of your order, and when he will next be heading through Gosford (to collect) and then past your area (to deliver). Sometimes there may be delays of up to several weeks.
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 someone from 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 between 800 - 1600 kayaks plus thousands of accessories across our various stores and main warehouse in Gosford, 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 every four to six weeks so, please allow between one and six weeks 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 up to three weeks 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. Where a product is delayed by more than eight weeks you may have grounds for cancellation.
At any stage prior to collection you may exchange you product for the same model in another colour, or another product of similar value. Any minor differences in price will of course need to be sorted out.