Terms and Conditions

Electronic communications

When you visit our website 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.

Copyright

All content included on this site is the property of PaddleZone (us) or its suppliers and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of us and protected by Australian and international copyright laws. All software used on this site is the property of us or its software suppliers and protected by Australian and international copyright laws.

Trademarks

Our graphics, logos, page headers, icons, and service names are trademarks, or trade dress of us in Australia. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with or connected to us.

License and site access

We grant 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 us. 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 us. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without the express written consent of us. Any unauthorized use terminates the permission or license granted by us.

Your account

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. Users must be over 18 years and cannot share log in details with any third party. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Are Children Allowed to Use PaddleZone Online?

PaddleZone does not sell products for purchase by children. We sell some children's products for purchase by adults. If you are under 18, you may use PaddleZone Online only with the involvement of a parent or guardian.

Member discount

If you have subscribed and are offered a PaddleZone membership discount at the point of sale, the applicable discount can only be used once and cannot be used in conjunction with any other offer or discount. Any discount offered is inclusive of GST and is not transferable to any third party.

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.

We reserve 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 PaddleZone a non-exclusive, 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 us 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 us for all claims resulting from content you supply.

We have the right but not the obligation to monitor and edit or remove any activity or content. We take 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 customer from one of our stores we take full responsibility for any loss or damage to the goods up to and including the point where the customer takes possession of the goods, which in effect equates to the point at which the goods leave the store, or are picked up by the customer.

Where the goods are to be delivered by a third party carrier to one of the courier depots for collection by the customer, then the following will apply: All items purchased from us 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. We make use of reputable couriers and will take every effort to ensure that your goods are suitably packaged 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

All goods are inspected by us prior to shipping to ensure that they are free of any defects or damage. Freight insurance is available through an accredited provider, with costs calculated per shipment. By opting for this insurance, you agree to the terms and conditions related to freight insurance. If your goods are damaged during transit and you opted for insurance, contact us with your invoice number and details of the damage.

If you decline the insurance option, you accept full responsibility for any loss or damage during transit. PaddleZone is not liable for goods damaged or lost in transit with a third-party carrier. Under no circumstances will we be held accountable for goods damaged or lost in transit.

Damage to property by third party

In the unlikely event that your property is damaged by any third party commissioned by us, such as a courier, or contract driver, then you will have to take the matter up with that third party. We 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.

Product descriptions

We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us itself is not as described, your sole remedy is to return it in unused condition. Colours may vary in products from time to time based on manufacturing processes.

Product availability

PaddleZone endeavours to keep all products on our website and instore up to date with current models, colour options and availability noting that certain models, configurations and colour options may not be available or as pictured at all times. An alternate colour or model option may be offered when we are out of stock. Your local store will be able to confirm specific model and colour availability. Shipping delays do occur and are out of our control.

Pricing

Except where noted otherwise, the price displayed for all products includes GST. The recommended retail price listed on the product itself, is 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. Despite our best efforts, a small number of the items in our range may be mispriced, our apologies in advance for any inconvenience. If an items 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.

Promotions

From time to time, PaddleZone will promote certain products. PaddleZone endeavours to ensure all products are available in specified colours in all stores. Colours may have to be substituted depending on availability. Promotions are not transferable and cannot be used in conjunction with any other offers.

Disclaimer of warranties and limitation of liability

This site and all information, content, materials, products (including software) included on this site are provided by us on an “as is” and “as available” basis, unless otherwise specified in writing. We make 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, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this site; information, content, materials, products included on this site; their services; or electronic communications sent from PaddleZone are free of viruses or other harmful components.

We 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.

Disputes

Any dispute or claim relating in any way to your visit to our websites or to products or services sold or distributed by us 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 us.

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.

Applicable law

By visiting our websites, 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 us.

Site polices, modifications and severability

Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to our websites. We reserve the right to make changes to our Site, Policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Delivery charges

Freight fees for online orders are calculated and charged at the time of the transaction at checkout. If you select to have your kayak delivered for a fee, PaddleZone will manage the delivery timing directly with you or through a nominated 3rd party. The fee is payable prior to or upon delivery of your order. Goods will not be delivered without prior payment.

Product availability and colour choice

We stock up to 1,000 kayaks and thousands of accessories across our stores and main warehouse. However, there may be times when specific items, model variations, or colours are out of stock.

Each store generally has at least one of each product, but cannot carry every kayak in every colours or style. Our stores receive regular shipments from our warehouse, so please allow some time for your local store to receive your purchased item. For interstate deliveries to locations without a store, additional time may be needed for courier transport to your nearest depot.

We aim to provide the exact items you order, but if your preferred colours is unavailable, we will offer you an alternative colour or model. If your colour choice is out of stock, a PaddleZone representative will contact you to discuss other options. The unavailability of specific colours does not justify order cancellation.

In rare cases where a product is completely out of stock, we will notify you to discuss potential delays. Before collection, you can exchange your product for the same model in a different colour or for another product of similar value. Note that this policy does not apply to special or custom colours or products, and any minor price differences will need to be mutually resolved.

PaddleZone strives to keep our website and store inventories up-to-date with current models, colour options, and availability. However, some models or colours may not always be available or as pictured. For specific availability, please check with your local store. Shipping delays can occur and are beyond our control.

Website & Payment Security

We take all reasonable steps to keep secure any information which we hold about you. Personal information may be stored both electronically on our computer system, and in hard-copy form. SSL encryption, firewalls, passwords, anti-virus software and email filters act to protect all our electronic information.

Changes to our Terms and Conditions

PaddleZone may make changes to our Terms and Conditions from time to time. When these changes are made, we will make a new copy of the Terms and Conditions available on our website and instore. PaddleZone shall not be required to otherwise notify you of any changes to the Terms and Conditions, and you agree to be bound by the Policies as applicable from time to time.

All correspondence

PaddleZone
PO Box 991
Gladesville, NSW 1675, Australia
Email: sales@paddlezone.com.au