Website terms and conditions of supply of products

Razor Kayaks UK Limited

These terms and conditions (these “Terms”) (together with our Privacy Policy) apply to the supply the Products (as defined below) by us to you.

Please read these Terms carefully before you submit your Order (as defined below). These Terms tell you who we are, how we will provide the Products to you and other valuable information.

1. DEFINITIONS

1.1 The following definitions and rules of interpretation apply in these Terms:

Business Day: a day other than a Saturday, Sunday, or public holiday in England, when banks in London are open for business.

Delivery Countries: the countries to which we deliver the Products, which is confirmed on Our Site from time to time.

Incoterms: the international rules for the interpretation of trade terms prepared by the International Chamber of Commerce.

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Order: your order for the supply of Products, as set out on our online order form.

Our site: our website currently accessible at www.razorkayaks.co.uk.

Privacy Policy; the privacy policy displayed on Our site which relates to the country in which you are located.

Products: the Products (or any part of them) set out in the Order.

Returns Policy: the returns policy displayed on Our site which relates to the country in which you are located.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are Razor Kayaks UK Limited a company registered in England and Wales. Our company registration number is 14132903 and our registered office is at Lakeside Offices, The Old Cattle Market, Helston, Cornwall, England, TR13 0SR. Our registered VAT number is 448317578.

2.2 You can contact us by email at info@razorkayaks.com.

2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order. You agree to inform us immediately in writing if your contact details change during the term of this contract.

2.4 When we use the words "writing" or "written" in these Terms, this includes emails.

3. YOUR PERSONAL DATA

How we use any personal data you give us is set out in our Privacy Policy.

4. TRIAL SESSIONS

4.1 If you would like to try our Products before you submit an Order, you may book a free in-person demo session on the water by completing the form displayed on Our site. Our acceptance of your request for a trial session will take place when we send you an email to confirm acceptance of your request (“Trial Confirmation”), at which point a contract relating to the trial session will come into existence between you and us.

4.2 The duration of the trial period (“Trial Period”) and the scope of the trial session (e.g. an in-person demonstration session on water) will be set out in the Trial Confirmation. If you do not co-operate with us, provide us with necessary information or comply with our instructions, we may end the trial session contract before the expiry of the Trial Period.

4.3 Upon the expiry of the Trial Period, your right to use the Product will cease.

4.4 If you would like to request a Product for you to view in your home (“Kayak Viewing”), you will need to follow the procedure at clauses 1.1 and 1.2 of our Returns Policy before you submit an Order in accordance with clause 5.2. If you do not want to keep the Product, you may exercise your right to cancel in accordance with clause 14 and follow the procedure at clauses 1.4 and 1.5 of our Returns Policy. You agree that you will not use the Product in the water.

5. OUR CONTRACT WITH YOU

5.1 In some areas you will have different rights under these Terms depending on whether you are a business or consumer. For example, business customers cannot cancel their Orders, they have different rights where there is a problem with a Product, and we do not compensate them in the same way for losses caused by us or our Products. Where a term applies just to business customers or just to consumers, this is clearly stated. You are a business customer if you are buying Products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

5.2 Our acceptance of your Order will take place when we email you to confirm our acceptance of your Order (“Order Confirmation”), at which point a contract for the supply of the Products will come into existence between you and us. We charge you for the price of the Products when we accept your Order.

5.3 If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the Products. If we have issued an Order Confirmation but are unable to fulfil your Order, we can end the contract with you and refund any money you have paid in advance for Products we have not provided. This might be because a Product is unexpectedly out of stock.

6. OUR PRODUCTS

6.1 Any samples, drawings, descriptive matter or advertising issued by us are issued for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the contract nor have any contractual force.

6.2 We have made every effort to display as accurately as possible the colours and images of the Products on Our site. A Product's true colour may not exactly match that shown on your device or in our marketing materials. You agree that colours may appear different depending on many reasons and computer monitors do not give an accurate representation of the colour of the Products and may vary slightly from the Products delivered to you. You also acknowledge that many of the Products (including inflatable kayaks) are handmade and variations, minor markings, lifted stitching between chambers and irregularities in seams from the product specifications listed on Our site are common and expected and if present in the Product, will not be considered a fault in the Product.

6.3 We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

6.4 We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any Order for a Product is void where it is prohibited. We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Product will be corrected.

6.5 We can always change a Product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to make minor adjustments and improvements.

6.6 We can suspend the supply of a Product in order to:

(a) deal with problems or make minor changes;

(b) update the Product to reflect changes in relevant laws and regulatory requirements; or

7. YOUR OBLIGATIONS

7.1 You agree that you shall:

(a) have the necessary skill and ability to use the Products; and

(b) at all times safely and properly use the Products.

7.2 We may need certain information from you so that we can supply the Product to you (for example, a delivery address). If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either suspend, end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.

8. DELIVERY

8.1 The costs of delivery will be included in the price of the Products, unless otherwise confirmed.

8.2 Your Order will be fulfilled by the estimated delivery time confirmed by us (generally within 2 to 4 business days), which shall be no later than 30 days of the date of the Order Confirmation, unless there is an Event Outside Our Control (as defined at clause 15). If we are unable to meet the estimated delivery time because of an Event Outside Our Control, we will contact you with a revised estimated delivery time.

8.3 Any dates specified for delivery are estimates only and time for delivery shall not be made of the essence by notice. You acknowledge and agree that any delivery times stated on Our site or otherwise provided to you are an estimate only.

8.4 In the case of consumers and business customers, if no one is available at your delivery address to take delivery, our carrier may leave you a note (in which case, please contact our carrier to rearrange delivery) or may leave the Products at your delivery address. You acknowledge and agree that the Products may be left at your delivery address (without obtaining a signature) if no one is available to accept delivery. If our carrier returns the Products to us as no one was available at your delivery address to take delivery, we will contact you to rearrange delivery (which may incur an additional charge) and may charge you for storage costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 16.1 will apply.

8.5 The Products will be your responsibility from the completion of delivery.

8.6 For Orders fulfilled in:

(a) Australia and United Kingdom will be fulfilled domestically, freight and tax charges will be covered by us unless otherwise specified.

(b) Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sardinia, Sicily, Slovakia, Slovenia, Spain and Sweden, you agree that our couriers and delivery associates may make the customs declarations in the destination country on your behalf and charge import VAT and duties back to us. While we will cover the cost of import VAT, duties and carriage for you, you will be the importer of record, and you must ensure that the Products are imported following the laws and regulations of the importing country.

(c) For all other countries you will be the importer of record. We will cover the cost of freight only and no other changes. Duties, taxes, customs processing fees and any other incidental costs must be covered by you. You will be the importer of record, and you must ensure that the Products are imported following the laws and regulations of the importing country.

9. PRICE AND PAYMENT

9.1 The price of the Product will be the price set out on the Order.

9.2 You will own the Product once we have received payment in full.

9.3 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

9.4 If we're unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

9.5 If the rate of VAT changes between the date you submit an Order and the date we supply the Product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

10. YOUR RIGHTS IF YOU ARE A CONSUMER

10.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old and located within the Delivery Countries.

10.2 We honour our legal duty in the relevant jurisdiction to provide you with Products that are as described to you on our site and that meet all the requirements imposed by law. In some jurisdictions (including the United Kingdom), the Products must be fit for purpose, and you acknowledge and agree that the Products have been made for use on enclosed waters and near a shoreline (the Products are not suitable for use in oceans or lakes).

11. YOUR RIGHTS IF YOU ARE A BUSINESS

11.1 If you are a business customer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products and are located within the United Kingdom or the European Union.

11.2 If you are a business customer, these Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the contract.

12. WARRANTY

In addition to your legal rights, we warrant that the Products will comply with our Warranty Policy. Nothing in the Warranty Policy is intended to replace your legal rights in your local jurisdiction.

13. YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR PRODUCT

13.1 If you think there is something wrong with your Product, you must contact us by email at info@razorkayaks.com and follow our Returns Policy.

13.2 Notwithstanding the terms of the Returns Policy, in the event that you receive a large and bulky Product from us and you allege that such Product is faulty and you wish to return the Product, then within 48 hours of the Product being delivered to your delivery address you must provide us with photographs of the Product, which show that the Product is faulty. In the event we determine, acting reasonably, that the photographs demonstrate the Product is faulty, we will in the first instance, supply you with repair supplies to repair the Product. Alternatively, if we determine, acting reasonably, the Product is faulty and a repair using repair supplies is not reasonably possible, you may return the Product to us via a delivery method of our choosing, at our cost.

14. CHANGE OF MIND RETURNS - IF YOU ARE A UK CONSUMER

14.1 If you are a consumer in the United Kingdom and bought the Product online, you have a legal right to change your mind and receive a refund. This is subject to some conditions, as set out below. We will not offer a right to change your mind to consumers located in other countries, unless required by local laws.

14.2 You cannot change your mind about an Order for:

(a) Products which are priced at less than £42;

(b) Products that are made to measure or made to meet your specifications or are clearly personalised; and

14.3 If you change your mind about a Product, you must let us know no later than 30 days after the day we deliver your Product. This cancellation period is more generous than your legal rights which apply in the United Kingdom (the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 provide you with 14 days to change your mind).

14.4 To let us know you want to change your mind, you can fill in the online form at https://www.razorkayaks.com/order-cancellation-form or send us an email at info@razorkayaks.com.

14.5 You have to return the Product to us (including the original packaging) within 30 days of your telling us you have changed your mind. Returns are at your own cost, unless otherwise agreed. You can send the Product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you do not do this and we do not receive the Product at all or within a reasonable time we will not refund you the price. For help with returns, including our collection arrangements for Products which cannot be posted, see our Returns Policy.

14.6 If you handle the Product in a way which would not be acceptable in-store, we reduce your refund to compensate us for its reduced value and in some cases no refund may be due. For example, we reduce your refund if the Product's condition is not "as new", the packaging is damaged, or accessories are missing. If you have used the Product (including in the water), you will not be entitled to a refund as we will not be able to resell the Product.

14.7 If your Product has not been delivered, we will refund you as soon as possible and within 14 days of you telling us you have changed your mind. If you are sending Products back to us, we will refund you within 14 days of receiving the Products back from you (or receiving evidence you have sent them to us). We refund you by the method you used for payment.

15. DELAYS OUTSIDE OUR CONTROL

If our supply of the Product is delayed by an event outside our control (such as a pandemic, epidemic, fire, delays caused by sub-contractors, delays caused by third party couriers or flood) we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay, but if the delay is likely to be substantial you can contact us via email at info@razorkayaks.com to end the contract and receive a refund for any Products you have paid for in advance, but not received, less reasonable costs we have already incurred.

16. WE CAN END OUR CONTRACT WITH YOU

16.1 We can end our contract with you for a Product and claim any compensation due to us if:

(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of our reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information, cooperation, or access that we need to provide the Product; and

16.2 If we end the contract in the situations set out in clause 16.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

16.3 We may write to you to let you know that we are going to stop supplying the Product. We will let you know in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.

17. INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights in or arising out, of or in connection with, the supply of the Products shall be owned by us or our licensors.

18. OUR LIABILITY

18.1 If you are a consumer, we are responsible for losses you suffer caused by us breaking this contract unless the loss is:

(a) unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your Order meant we should have expected it (so, in the law, the loss was unforeseeable);

(b) caused by a delaying event outside our control;

(c) avoidable. Something you could have avoided by taking reasonable action. For example, damage to the Product, which was caused by your failure to follow our advice relating to the use of the Products;

(d) a business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in clause 18.2.

18.2 If you are a business customer, then, except in respect of the losses described in clause 18.3 (losses we never limit or exclude):

(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for Products.

18.3 Nothing in these terms shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

18.4 If you are a business customer, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

19. RESOLVING DISPUTES WITH US

19.1 If you have any complaints, please contact us by email at info@razorkayaks.com and we will do our best to resolve any problems you have with us or our Products.

19.2 If you are a business customer or consumer, you can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer, we can claim against you in the courts of the country you live in. If you are a business customer, you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

20. CONFLICT

If there is an inconsistency between any of the provisions of these terms, the Returns Policy and the Warranty Policy respectively, the provisions of these terms shall prevail in preference to the Returns Policy and the Warranty Policy, and the provisions of Returns Policy shall prevail over the provisions of the Warranty Policy.

21. OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT

21.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your Product. We will contact you to let you know if we plan to do this.

21.2 You can only transfer your contract with us to someone else if we agree to this.

21.3 Nobody else has any rights under the contract. The contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

21.4 If a court invalidates some of the contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

21.5 Even if we delay in enforcing the contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that does not mean we cannot do it later.