Terms and Conditions for bespoke kayaks and kayak parts and sundries.
These Terms And Conditions (“Terms”) are agreed by Mega Kayaks Limited, registered company in England and Wales (“We” or “Us”) and the entity agreeing to these Terms (“You”). If You are acting on behalf of another entity, You represent and warrant that You have the legal authority to commit that entity to these Terms.
1 Defined Terms
The sales invoice, sales receipt means the document containing the quotation invoice number (“product Number”), price (“Price”), and details of the work to be carried out (“Bespoke product”).
1.1 Bespoke means: custom made, made to order, built to your design or choice , handmade for the customer.
1.2 Bespoke goods are covered by the 28: 1 / B of the consumer contracts regulations 2013
2 Agreement
2.1 You agree to pay Us to carry out the Bespoke product detailed in the Purchase invoice
2.2 We agree to manufacture the Bespoke kayak following payment in full.
3 Price And Payment
3.1 Payment for the Bespoke products must be made by credit card or debit card, bank transfer or, at Our sole discretion, through another method.
3.2 The quoted Price includes applicable UK taxes unless explicitly stated otherwise.
4 Cancellation
4.1 In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 You have the right to cancel within a period of 14 days from placing Your order, provided We have not commenced production of the Bespoke Work. Once We have commenced production of the Bespoke Work the right to cancel is no longer applicable, in accordance with regulation 13(1)(c) of The Consumer Protection (Distance Selling) Regulations 2000.
4.2 We may cancel this agreement at any time prior to the production of the Bespoke Work. We may do so without giving any reason. In such a situation We will refund to You the amount paid.
5 Defects
5.1 If the Bespoke Work produced is not in accordance with Quotation for any reason Your sole remedy is limited to Us making good any errors or omissions.
6 Improper Use
6.1 The Bespoke Work produced may only be used for lawful purposes. You agree to indemnify Us and hold Us harmless from any and all claims resulting from unlawful use of the Bespoke Work produced.
7 Exclusions of Liability
7.1 We will incur no liability for any errors in the Quotation not corrected by You. You take full responsibility for ensuring that the sales Invoice meets Your requirements.
7.2 The Bespoke Work is produced without any warranty or condition or representation as to its fitness for any particular purpose.
7.3 We may provide You with an estimated time scale for the production of the Bespoke Work. Such estimates are strictly advisory and are not guarantees. We will incur no liability for delays in the production of the Bespoke Work.
7.4 We will incur no liability if any aspect of the Bespoke Work that is dependent on a third-party service ceases to function to due the actions of that third-party.
7.5 In the event of any breach of contract by Us, the remedies available to You are limited to damages. Under no circumstances shall Our liability exceed the quoted Price.
8 Force Majeure
8.1 We shall not be held liable for failure to perform Our obligations under this agreement due to act of God, war, civil war, sabotage, act of terrorism, government sanction, embargo, import regulation, export regulation, labour disputes (including strikes, lockouts, boycotts, or other industrial action), failure in the transportation of equipment, machinery or personnel, failure in the provision of any utility (including power, gas, water, or communication services), or any event or circumstance beyond Our reasonable control.
9 Intellectual Property
9.1 Unless explicitly stated otherwise in the Quotation, We own all rights, interest, and title in the Bespoke Work produced, including all intellectual property rights. These rights are protected by intellectual property laws both in England and Wales and internationally. You agree not to reproduce, modify, or otherwise create derivative works from the Bespoke Work produced.
9.2 You agree to indemnify Us and hold Us harmless from any and all claims resulting from Your negligence or inability to obtain relevant permissions in connection with any material You supply to Us.
11 Assignment
11.1 You may not assign the benefits of this agreement to any other party.
12 Prior/Other Statement
12.1 No statement, description, information, warranty, or recommendation contained in any catalogue, price list, advertisement, or other promotional material or made verbally by any of Our agents or employees shall operate to vary these conditions.
13 Delivery.
13.1 Delivery times may vary from those quoted on this website , the period quoted is an approximation only .
13.2 In the event that an item is purchased from overseas the customer is liable for all local import costs and duties that may arrise.
14 Validity
14.1 If any provision of these terms and conditions is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the terms and conditions in question shall not be affected and shall remain in full force.
15 Governing Law
15.1 The law of England and Wales governs this contract and the parties submit to its exclusive jurisdiction.
Terms & Conditions for none bespoke goods.
Terms and Conditions
These Terms and Conditions govern your use of the Mega kayaks Ltd service and website. By visiting the Mega kayaks Ltd website you accept, and agree to, the content of these Terms and Conditions. We reserve the right to change the Terms and Conditions at any time and it is your responsibility to check regularly before ordering. This does not affect your statutory rights.
Terms of Service for none bespoke items
When you place an order via our website (www.Megakayaks.ukd) we will treat that action as an offer to buy. Once the order is placed you will receive confirmation in the form of an email and at this time we enter into a contract with you.
Product Specifications and Suitability
- Published product details, specifications and suitability information is the best available at the time. Mega kayaks Ltd shall not be held responsible for the accuracy of any advice given regarding the suitability (or otherwise) of any part/s required for the repair of an item. If you have ordered an item that has an unsuitable product description we will remedy this by providing you a full refund upon the return of the item. Please see our Returns and Refunds page for details.
- We encourage you to ensure all spare parts are fitted by a competent person in accordance with manufacturer specifications. Mega kayaks Ltd cannot be held liable for any damage caused by the fitting of a spare part.
- Please ensure that you have read your warranty conditions before attempting to install a part or otherwise repair item. Mega kayaks Ltd cannot be held responsible if the item is damaged or your warranty is voided. Some manufacturer guarantees may be on condition that you use a qualified cycle technician.
Returns Policy
Mega kayaks Ltd offer a very helpful and hassle-free returns policy, after all, we are here to help you!
Availability / Estimated Delivery Times
- We do our best to ensure availability of all advertised products and endeavor to dispatch all parts within the quoted time. If there is a delay we will inform you of this via email and the product will be dispatched as soon as it is available. If you have ordered multiple items they may arrive separately.
- Mega kayaks Ltd has no liability to you for any delay in the delivery of products ordered. We will do our best to get all orders sent out as quickly as possible. You have the right to cancel delayed orders at any time, just contact mega@megakayaks.co.uk with your order number.
- Occasionally we find ourselves having to withdraw an item because it has become obsolete or has been discontinued. If you have placed an order for an item that has been made obsolete we will inform you as soon as possible and offer you an alternative if one is available.
Payment
- Payment over the Internet can be made via our secure check out pages using Visa, Visa Electron, Mastercard, Switch/Maestro or Solo cards, PayPal. Card charges will appear on your statement as "Mega kayaks Ltd".
- All prices are quoted in pounds sterling (£), unless country currency is changed in our region adjuster, available on every product page. It may be necessary to adjust prices in the event of an increase in VAT rates, or as a result of a manufacturer price increase. Customers are entitled to a full refund if this is not acceptable.
- Due to the nature of the clearing system your credit card payment will be taken at the point of processing. If a problem in supply should occur, your payment method will be refunded as swiftly as possible. The refund may take a couple of days to show as cleared funds on your account, depending on payment provider.
- If your delivery address is outside of the UK, you may be required to pay import duties and taxes when your Mega kayaks Ltd order reaches your country. These and any additional charges for customs clearance are your responsibility.
Governed Law
Mega kayaks Ltd Terms and Conditions shall be governed by and construed in accordance with English Law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts
Delivery
UK orders will be delivered using Royal Mail, but some expensive, bulky and/or fragile products will be shipped couriers.
International order will be dispatched via Royal Mail or Parcel Force or privat haulage contractors.
Please note that UK delivery does NOT include the Channel Islands. To find out about Delivery for this region please continue to checkout and your postage will be displayed.
In the event that an item is purchased from overseas the customer is liable for all local import costs and duties that may arrise.
Cancellations
Orders may be cancelled at any time before they are dispatched, simply visit your account and follow the steps for a full refund. If the item has already been dispatched then please see our returns policy.
Returns
You have the right to cancel your order and return your item within the quoted time frame. Please notify us through your account by clicking the returns link of your intention to return your item(s) by following the steps provided. For full return guidelines
Reviews and Comments
We encourage you to leave reviews, comments and product questions on our website. We regularly monitor this content and we reserve the right to remove, reject or edit it at any time. When submitting information to our website as a review, product question or customer comment you understand that what you have submitted is not copyright protected and you are permitting its appearance on the Mega kayaks Ltd website.
Liability
We shall not be liable for incidental or consequential damages or expenses. This includes, but is not limited to, damage to property, lost income, profits, economic or commercial losses and third parties claims.
We will do our best to get all orders dispatched as quickly as possible. We have no liability to you for any delay in the delivery of products ordered. You have the right to cancel delayed orders at any time and get a refund prior to the item being dispatched.
This warranty does not affect your statutory rights.
Mega kayaks Ltd
32, Canford Bottom
Wimborne Dorset
BH21 2HD
If you wish to return a non bespoke item you must return the item to us within 28 days of purchasing the new item. Payment of postage for the return of the item is your responsibility.
