TERMS & Conditions

Agreement to Terms and Conditions

Welcome to the Fluid Kayaks website Terms and Conditions. These Terms and Conditions apply to the Fluid Designs and Dynamics (Pty) Ltd, t/a Fluid Kayaks web site located at www.fluidkayaks.com, and all associated sites linked to www.fluidkayaks.com. Please read through them carefully before placing your order. By using this website and/or placing an order you agree to be bound by the Terms and Conditions set out below. Please also read our Privacy Policy Statement regarding personal information provided by you. Before placing an order, if you have any queries relating to these Terms and Conditions, please contact us. Fluid reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. It is your responsibility to ensure that you are satisfied with the amendments.  Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using the website in any way.

Disclaimer

Fluid Kayaks makes no representations or warranties, implied or otherwise, that the site or any content, service or feature available on this Website are free from errors or omissions or that the service will be error-free or uninterrupted. The website and its content are delivered on an “as-is” and “as-available” basis. All information provided on the site is subject to change without prior notice. Fluid Kayaks cannot guarantee that any files or other data you download from the site will be free from viruses, contamination or destructive features. Neither Fluid Kayaks nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. You are encouraged to contact us to report any possible malfunctions and errors.

Agreements of Sale

Placing a product in a shopping basket or adding it to a wishlist without completing the purchase cycle does not: * constitute an agreement of sale; and/or * constitute an order for such product. and as such, Fluid Kayaks may remove such product from the shopping basket or wishlist if stock becomes unavailable and you cannot hold Fluid Kayaks liable if such product is not available when the purchase cycle is completed at a later stage. An agreement of sale only comes into effect if and when: * you electronically submit a properly completed order for one or more products in your shopping basket; and * payment is either authorised, or received by Fluid Kayaks in its bank account.

Termination of Sales & Cancellation of Orders

* By Fluid Kayaks: Fluid Kayaks reserves the right, for purposes of preventing suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Fluid Kayaks, in whole or in part, on notice to you. Fluid Kayaks shall only be liable to refund monies already paid by you, and accepts no other liability which may arise as a result of such refusal to process any order/sale. * By You: Save for certain exceptions, and subject to certain charges, you are entitled to cancel any sale concluded on this Website within 5 days after date of receipt of the goods and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery timeframe (or where none is specified, beyond 30 days from the order date). Please read the Return Policy for further details in this regard.

Amounts payable by you

Prices The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.

Delivery Costs and Import Duties  Customers in South Africa are liable for their own shipping charges. All prices exclude shipping. Customers in other countries will be liable for their own shipping charges, as well as import duties, and as such prices on this website do not include these charges. In order to proceed with a purchase contact Fluid Kayaks directly.

Value Added Tax Value added tax at the rate of 14% is charged on goods bought by South African residents.  Product prices on the website include VAT. Exports excludes VAT if directly shipped out from the Fluid Kayaks facility to the harbour.

Errors Fluid Kayaks shall take all reasonable efforts to accurately indicate prices. However, should products be erroneously offered at incorrect amounts, Fluid Kayaks will not be obliged to sell products at such incorrect prices, but shall refund monies paid by you should you wish not to proceed with the purchase at the correct price.

Product Information

We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery. All sizes and measurements are approximate; however we do make every effort to ensure they are as accurate as possible. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been mis-published, including prices and promotions. Prices are subject to change without notice. Prices are inclusive of VAT and delivery charges (where applicable – Free Delivery). Goods are subject to availability. As there is a delay between the time when the order is placed and the time when the order is accepted, the stock position relating to particular items may change. If an item you have ordered becomes out of stock before we accept the order we shall notify you as soon as possible and the item will be placed on back-order. We continually update our online store. Some website promotions may only be available to customers in particular jurisdictions.

Purchase of Products

When you place an order on our website we shall email you an acknowledgement. Once you have checked out and your order has been confirmed you will not be able to make any changes to your order so please make sure that everything is correct before submitting your order. We reserve the right to refuse an order. Non-acceptance of an order may, for example, result from one of the following: * the product ordered being unavailable from stock; * our inability to obtain authorisation of payment; * the identification of an error within the product information, including price or promotion. If there are any problems with your order we shall contact you. We reserve the right to reject any offer to purchase by you at any time. We will take all reasonable care, in so far as it is within our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website. Production lead time: Minimum of two weeks from the time the order is placed to delivery of the kayak. 

Vouchers, Coupons and Discounts

Fluid Kayaks may make physical and/or electronic gift vouchers (“Vouchers”), as well as electronic promotional coupons (“Coupons”) available on the Website from time to time. General Vouchers and Coupons can only be redeemed: * while they are valid, their expiry dates being unable to be extended; * on the Website towards the purchase of Fluid Kayaks’ products. Gift Vouchers Physical Vouchers can be purchased and will be delivered in the same way that Fluid Kayaks’ products are, either on their own or together with other products. However, if you place any electronic Vouchers in your shopping basket with other goods, the system will split the basket contents into two orders (one for the goods, and one for the electronic Voucher/s). Payment for the electronic Voucher/s will also be obtained from the bank immediately. Vouchers cannot be: * used to purchase other Vouchers or Coupons; * exchanged for cash; or * transferred or assigned to any other person once already partially redeemed towards a purchase. Please note that certain Vouchers may be product-specific in that they can only be used to purchase specific Fluid Kayaks products listed on the Website. Promotional Coupons Coupons are issued electronically at Fluid Kayaks’ own discretion. Users do not have a right to Coupons and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used. As a general rule, and unless specified otherwise on the specific Coupon itself: * a Coupon can only be used with promotional offers on the Website; * only one Coupon can be used per shopping basket; and * the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you. Note that Coupons cannot be: * used to purchase other Vouchers or Coupons; * exchanged for cash; or * transferred or assigned to any other person.

Payment Methods

Your payment for any products ordered from Fluid Kayaks must be made to Fluid Kayaks’ bank account in any one of the following ways:

Credit card payments When choosing the Credit Card option you will be redirected to a PayU site. There you will proceed with a credit card payment. Once payment has been confirmed your order will be processed.

Electronic Transfer

  • Bank details: FNB Parys Account #: 62073115208 Branch code: 250655

Please note your order will only be processed once your funds reflect in our bank account. All bank deposits will require proof of payment in order to be processed.

Delivery Goods can only be delivered to a physical address.  Delivery to a private address usually takes a longer time to arrive, so please keep in mind when ordering. We are unable to change your delivery address once an order has been dispatched. Delivery periods are only regarded as having commenced upon payment confirmation being received by Fluid Kayaks. Delivery may take up to 2 weeks.  We will however endeavour to get it to you as soon as possible.

Returns

Please note that although Fluid Kayaks endeavours to accurately describe and/or depict each product on the Website, some descriptions or photographs may be of a generic nature and not specific to the particular product you wish to buy. However, should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to Fluid Kayaks for a full refund within 5 days of delivery. Please see our Return Policy in this regard (which explains how and when you can be refunded, as well as how returns are to be made).

Electronic Communications

When you visit the Website or send e-mails to Fluid Kayaks, you consent to receiving communications from Fluid Kayaks electronically and agree that all agreements, notices, disclosures and other communications sent by Fluid Kayaks satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.

Copyright & other Intellectual Property Rights

Any and all copyright subsisting in the Website, including these T&C, vests in Fluid Kayaks and all rights not expressly granted are reserved. You may only download, view and print content from this Website for private and non-commercial purposes. To obtain permissions for the commercial use of any content on this Website, please contact us for assistance. All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Fluid Kayaks and as such are protected from infringement by local and international legislation and treaties. Fluid Kayaks respects the intellectual property rights of others, and we ask that everyone using our internet sites and services do the same. Anyone who believes that their work has been reproduced in one of our internet sites or services in a way that constitutes copyright infringement may contact us.

Privacy

We respect your privacy and will not disclose your personal information to third parties for marketing purposes. The manner in which we use your information is regulated in more detail as described in our Privacy Policy. The Privacy Policy is hereby incorporated by reference into these T&C.  If you are not satisfied with the level of privacy we provide or otherwise disagree with anything in the Privacy Policy, then you are deemed to not agree to these T&C and you should not use the Website, because as stated above, your continued use of the Website will constitute acceptance of the T&C, including the Privacy Policy.

Security

Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Fluid Kayaks suffers any damage or loss. You agree and warrant that your log-in name and password shall: * be used for your personal use only; and * not be disclosed to any third party. You allow Fluid Kayaks to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.

The Fluid Kayaks website is operated by:

Fluid Designs and Dynamics (pty) LTD Trading as Fluid Kayaks 12 Shochet Street Parys 9585 Registration Number: 2001/002032/07 VAT Number: 4060192830