Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Pick Up from Warehouses
Check you have the right items! When you collect goods from one of our warehouses or partner warehouses you must check the goods before leaving the warehouse. If you find the warehouse staff have brought you the wrong products and/or wrong colour products, you must let them know and call Dream Kayaks on 098894089 so we can resolve the situation on the spot. It is your responsibility to ensure you have collected the correct items. If you forget to check on site and leave the warehouse either with the wrong product (e.g., wrong colour, etc.) or without some items (eg swivel rod holder) we retain the right to charge you a fee for correcting the situation. In the event that you left with the wrong colour kayak for instance, when you come back to swap it for the correct colour, the warehouse, being a third party, will charge us for receiving the returned goods, and for picking the replacement goods, and for time spent dealing with the swap. We retain the right to pass on these charges to you, and will require these charges to be paid before the swap is organised. All costs associated with returning the goods to the appropriate warehouse will be incurred by you, the customer.
Returns and Refunds
We do not accept returns due to change of mind. If you think there is a fault with your kayak please contact us immediately by emailing email@example.com
Unless otherwise agreed in writing, customers who elect to collect their kayak(s) from a warehouse or store have two weeks from the date of purchase to collect the kayak(s). After that we will charge the customer $10 a week per kayak storage fee for every week or part thereof the kayak is left in our possession. This storage fee is non-refundable.
Kayak warranties are void if the customer fails to follow our kayak care guidelines. In the event of a warranty claim, you will need to return the faulty goods to a Dream Kayaks facility. Costs associated with returning the goods to the facility will be borne by you, the customer. If the issue is deemed by us upon investigation to be a manufacturing fault, we will repair, refund or replace the faulty goods. We decide which of these options we adopt. The customer cannot choose. In the event that Dream Kayaks elects to replace a returned kayak deemed by Dream Kayaks to be faulty, the customer will be required to collect the replacement kayak from a Dream Kayaks facility. Any transportation of the replacement kayak back to the location of a customer will be arranged at the expense of the customer. In the event that we receive a returned product under a warranty claim, and we deem the claim to have no basis, the cost of returning the product to the customer will be at the expense of the customer.
NOTE: The warranty of any kayak hull is void if you store your kayak on a trolley.
Your rights under the NZ Consumer Law
Our goods come with guarantees that cannot be excluded under the NZ 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.
The financial burden of returning the goods to one of our registered warehouses or Gold Coast store for repair or replacement will be born by the customer.
Layby Terms and Conditions
We offer a great layby system. You can pay as little as $100 a week. Once you’ve paid 30% we will put a kayak aside for you in your chosen colour so it’s locked in.
How to Buy Online with Layby
In the “order comments” section simply write “layby” and then at Checkout choose “bank transfer” as your payment method. The bank details will appear so you can begin your payments.
Rules at a Glance
- 5% service fee applies
- You pay at least $100 every week
- We put your kayak on hold for you once you’ve paid 30%
- Once you’ve paid 100% call us to arrange collection
- Kayaks must be collected within two weeks of final payment , or a storage fee of $10 a week will be applied as explained above..
Lay-bys may be cancelled by you at any time during the term, in which case you will be entitled to a refund of the amount you have paid, less a termination fee of $50. You will need to have photo identification with you to cancel a lay-by.
In the even that you have paid less than the minimum $100 per week since placing the order we reserve the right to cancel your order and refund funds received minus the $50 cancellation fee.
Other Terms and Conditions
Limitation of Liability
Dream Kayaks shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Dream Kayaks has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Dream Kayaks product is mistakenly listed at an incorrect price, Dream Kayaks reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Dream Kayaks reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Dream Kayaks shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Dream Kayaks without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Dream Kayaks may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Dream Kayaks.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Dream Kayaks or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Dream Kayaks does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Dream Kayaks is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Dream Kayaks reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Dream Kayaks in its sole discretion.
You agree to indemnify, defend, and hold harmless Dream Kayaks, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Dream Kayaks may link to sites operated by third parties. However, even if the third party is affiliated with Dream Kayaks, Dream Kayaks has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Dream Kayaks. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Dream Kayaks seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Dream Kayaks. The collective work includes works that are licensed to Dream Kayaks. Copyright 2003, Dream Kayaks ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Dream Kayaks or purchasing Dream Kayaks products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Dream Kayaks or to purchase Dream Kayaks products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Dream Kayaks. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Dream Kayaks used in the site are trademarks or registered trademarks of Dream Kayaks