Terms and Conditions

The owner of this web site is Kirton Kayaks LTD whose address is Kirton Kayaks LTD, Marsh Lane, Crediton, Devon, EX17 1ES (‘Kirton’/‘we’ /‘us’/‘our’). Registration number 1200267. Stock products are non-customised orders. Non-stock/Custom items are manufactured goods made to your specification.

Your contract for purchases made through the Site is with Kirton Kayaks LTD. The use of this website is subject to accepting PayPal's terms and conditions, and in addition the use of this website is subject to the following terms of use

 

No contract for the sale of any stock product will subsist between you and Kirton until Kirton has despatched your goods, or confirms the order by email. This confirmation e-mail amounts to an acceptance by Kirton of your offer to buy goods from Kirton or a third party supplier that is engaged on your behalf by Kirton (whether or not you receive that e-mail).

The contract for non-stock items begins at the time of order and Kitron withholds the right to terminate the contact at any point. Please see our Terms of sale for custom items

 

If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. If the error is discovered prior to your receipt of the confirmation email, we will cancel and refund your order.

You agree that e-mail can be used as a long-distance means of communication, and you agree all notices made via e-mail satisfy any legal requirements that such notices be made in writing.

 

These terms and conditions, may be amended from time to time.

 

You must check that the details on the confirmatory e-mail are correct as soon as possible and you should keep a copy of it.

 

It is your responsibility to ensure you are able to receive e-mails from Kirton. We recommend you add Kirton to your ‘safe sender’ list, and check that your online security software does not block e-mails from us.

 

We use Shopify to process our card payment and we cannot be held responsible for failings on their part. You must ensure that your credit, debit or charge card is not being used without your consent. With phone payments, we will verify address information before taking payment and placing the order.

 

We will not share your information with any other parties and all information provided by you will be treated securely.

 

You undertake that all details you provide to Kirton for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.

 

If there are any changes to the details supplied by you it is your responsibility to inform Kirton as soon as possible.

 

Terms for custom items: Kayaks, seats and Paddles etc

On placing an order with Kirton for any customised item, including boats paddles and seats, you agree to Kirton's terms of sale. Kirton has a high reputation in the industry and upholds strong moral and ethical values. We aim to deal with all reasonable requests in a prompt and fair manner that is in-keeping with our policies. If you'd like to discuss any of the points mentioned in our terms, please contact us for clarity.

Ordering: Non-refundable deposits and payment

Due to highly customisable and complex nature of our products, Kitron may ask for a non-refundable deposit upfront to secure the manufacturing slot for your order. This will typically be 10% of the total purchase price (inclusive of VAT).

 

To complete the booking, the following order details will also be required: model, construction and quantity. Specifics such as colour, measurements and custom fittings are preferred upfront, but are not required to secure a manufacturing slot. However, failure to provide the specifics well in advance of manufacture may result in a delay to your order. Please note, some custom items can take up to 12-weeks to arrive from our suppliers so advance detail is always recommended.

Depending on the nature of your order, we may require an additional non-refundable payment of 40% of the total purchase price up to 2-weeks before your order goes into production.

If the order is cancelled at any point, the paid amount will be retained by Kirton to cover administrative and manufacturing costs, and any other associated losses.

All deposits may be rounded to a near whole figure for ease of handling. In some situations where the order is highly customised or unusual, we may ask for full payment before your product enters production.

The remaining balance of the order will be payable on receipt of the invoice or goods, depending on which comes first, unless you have another formal overriding agreement with Kirton. Failure to pay the balance of your product within a 6-month period may result in the sale of your order and the forfeit of paid deposits.

Preferred payment method is by bank transfer or debit card. Credit cards may also be used on non-discounted orders. We do not accept Amex and Diner's Club cards. We will accept cheques but funds must be cleared in advance of collection.

International orders will not be despatched until payment has been cleared in full. We do not accept cheques for international order.

Product specification and order adjustments

We will do our upmost to help you choose the appropriate specification for your needs, but it is ultimately your responsibility to provide us with the correct information. Kirton cannot be held responsible for unsuitable orders as a result of incorrect information provided by its customers. Furthermore, advice given by Kirton is based on average customer preferences and past experience. Please be aware that every individual has unique requirements so our advice is to be taken as a guide only.

If a third-party is involved in deciding your order requirements, please advise us that they have consent act on your behalf. Risk will remain with you the as named customer.

Where possible we will confirm the details of your order by email. It is your responsibility to check that all detail are listed and correct as soon as possible.

Once you have placed an order, there may be an additional charge if you wish to adjust the specification, depending on the progress of the order. With kayak orders, there is typically a 2-week window after placing the order in which you can make adjustments to the specification without incurring a charge. Once the Kayak is in, or near to, production we may need to make an additional reasonable charge  to adjust the order to meet the new requirements. Please note that any changes may result in a delay to your order. If work has already been carried out, it may not be possible to make an adjustments to the order, in which case your order will be produced to the original specification.

If we have taken a deposits equal, or more than, approximately 50% of the total sale price, any further changes are likely incur additional charges.

Production timings and delays

We will endeavour to produce your order in a timely manor. When requested, we will provide an estimated build time in weeks, and we will do all we can to meet this target. All orders will be manufactured on a first-come-first-serve basis, with occasional adjustments to suit our production schedule and specific customer requirements. Typical fulfillment time is 8-weeks, but be aware that lead-times increase in peak season when demand is high.

 

Due to the complexities of kayak manufacture, delays are inevitable from time to time. We cannot be held accountable for any losses incurred as a result in delays production. We will not enter negotiations if a product is delayed. Cancelations due to unexpected delays in production will result in the loss of any deposits paid.

Deliveries

Many of our products are not suitable for delivery by conventional methods i.e post and courier. If your order contains oversized items such as kayaks, we will try and deliver it to a local event if suitable, but ultimately it is your responsibility to ensure you are able to collect your purchases from our factory address (in Devon) between the hours of 9am-5pm, Monday to Friday, when the office is open for business.

Subject to availability, we will deliver your order to a nominated event in the UK, providing a Kirton representative is already planning to attend it. You may collect from us at the nominated event or arrange a collection through a third party by prior arrangement. Typically we will need payment by Debit or Credit card in advance or on collection. We do not accept cheques on collection. Please be aware that this service is subject to availability and not guaranteed. Risk passes on collection or at the agreed collection time, which ever comes sooner.

 

With smaller items we will use Royal Mail, or another reputable courier of our choice, to dispatch your goods. We will charge accordingly depending on the speed, weight and size of the order.

You may organise your own courier collection from the factory, and we will help you to arrange this as best we can. Please be aware we cannot insure against damage in transit. Some of our constructions are fragile and the risk of damage by untrained handlers is very high. In these situations, we recommend the use of a wooden case available form West Country Cases Ltd.

 

When products are to be strapped to trailers or vehicles, it is your responsibility to ensure the products are suitably supported and tied-down before leaving our premises. Any assistance given by Kirton is in good will and Kirton will accept no liability or responsibility for damage as a result of this assistance. We recommend the use of custom trailers or v-bars for the support of racing kayaks. To tie the boats down we recommend ratchet straps (loosely tightened and knotted, with padding around the buckle) and strings fore and aft to prevent the boat sliding backwards and forwards. High-visibility ribbon is required to highlight the rear of the boat for improved road safety. Roof racks are not normally recommended due to the narrow distance between the bars and subsequent lack of support.

 

If an agreed third party is collecting your goods from us, risk remains with you as the named customer. In every case, damage or theft after collection is the responsibility of the customer.

Incorrect orders and faults

We follow strict quality control processes and do our upmost to ensure every customer is happy with their purchases. However, almost all of our products are hand-made and will inevitably vary in appearance and weight. Any information given by correspondence or on our website is to be used as a guide only. If your order is incorrect or faulty, and the fault lies with us, then we will do our best to redeem the situation by making modifications to your purchase, or in extreme cases, manufacturing your order from scratch.

 

However, we reserve the right to withhold additional corrective work in the following circumstances, where reasonable and where the product is fully functional: small patches of thin gelcoat, small air bubbles (beneath the gel coat  and approx. less than 6 sq. mm); fine air bubbles layered on the surface of the fabric (sometimes visible as a slight sheen); stray strands of carbon or kevlar on the outermost layer of fabric; specks of surplus cloth or pigment anywhere on the product; ruffled fabric at the ends of a boat or any other tight corner; minor warps in the laminate due to shrinkage or repair; waves in lay of the fabric; visible core material through the outer fabric or gelcoat layer; weight variations over 10% of the target weight (exclusive of fittings) compared to similar historic products; slight variances in colour and tone; pin-hole defects in the surface of the gelcoat; any other minor non-structural defect.

 

We are passionate about build-quality and do everything we can to reduce unwanted minor blemishes. However, some may be present. These features are a natural part of the production process, and will not affect the longevity or functionality of your product.

Right to Cancel – Unwanted STOCK Items

You may cancel the contract at any time but no later than 14 working days after the day you received the product by:

sending the notice of cancellation by email ensuring that you quote your name, address and order reference number; or

where you have already received the goods, following our returns authorisation procedure – by contacting Kirton by email or phone. We will advise you how to proceed. Wrap the item securely and include the original invoice. You must ensure that the goods are packaged adequately to protect against damage. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.

Items that are excluded from the right to cancel include the following: (a) Goods made to specification or otherwise personalised; (b) All laminated items including seats, rims and pull bars.

We will refund your credit card once we have received and processed the item as soon as possible. You will be liable for any charges incurred in returning the goods to Kirton or if you fail to return goods you will be liable for any charges incurred in relation to attempts to collect the goods.

 

Damaged, Defective, Incorrectly Sent, Incorrectly Advertised

In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Kirton shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question. Please note, many items are hand made and will vary slightly in appearance and finish. We reserve the right to withhold refunds if the product is deemed by us to be within tolerance of manufacture. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.

 

Test of returned items: We inspect every single return. If a returned item is found not to be faulty by our independent test centre we will return the item to you and you will be liable for the postage. We advise you to check every item before returning it. We will not refund postage for items found to be in good working order. We are not responsible for incompatibilities between your purchases and equipment.

 

Liability

This section applies only to the extent permitted by law. For the avoidance of doubt, Kirton do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Kirton’s negligence or wilful default, or that of Kirton's employees, agents or subcontractors or (b) fraudulent misrepresentation.

Kirton does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.

Any information (and accompanying material) provided by Kirton is not intended to replace the attention or advice of a physician or other health care professional. The statements and products on the website are not intended to diagnose, treat, cure or prevent any condition or disease. Kirton strongly advises anyone who is currently taking medicinal products and or suffer from any form of medical disorder should consult their doctor prior to using any of the products advertised on the website. Kirton strives to ensure that the information on this site is as accurate as possible, but does not accept responsibility or liability for any inaccuracies.

Kirton will do its best to correct errors and omissions as quickly as practicable after being notified of them.

TO THE FULLEST EXTENT PERMITTED BY LAW, KIRTON IS PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, KIRTON DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.

You and Kirton will only be liable under these Terms for losses that are a reasonably foreseeable consequence of the relevant breach of contract.

Kirton does not accept liability for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from Kirton.

Processing of orders

Kirton uses PayPal to accept debits credit and debit cards on the order date. Phone payments are processed on the day of shipping. All prices include sales taxes (where applicable) unless otherwise stated. Shipping is charges are our published rates unless the package is deemed to inappropriate for the service. Over-size may be charged at an agreed rate. Hazardous items cannot be posted at this point.

 

Every purchase you make shall be deemed as being performed in England. English law shall govern every aspect of contractual agreement concerning purchases made from the Site.

 

Kirton aims to arrange shipment of all ‘in stock’ items within 48 hours of receiving your order. Your order may be delayed if the item is not in stock, needs to be made to order, of if we are experiencing a high volume of orders. Some items may be unavailable and the current stock status is approximate. Kirton are not able to supply dates our suppliers may get an item in stock.

Delivery/title/risk

The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation.

If your delivery address is outside of England, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Kirton advises each customer to contact their local customs office for further information.

Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

We use a number of third party delivery agents to ensure your orders are delivered to you as quickly as possible. Any losses after the item has been dispatched from our website must be reported to us.

For deliveries before a UK bank holiday, we recommend that you order in advance. For Christmas deliveries, we recommend that you order by the 5th December. During holiday periods, we will endeavour to dispatch all ‘in stock’ orders within 24 hours, however we cannot guarantee delivery as the post may be delayed in your area.

Miscellaneous

We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.

You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.

In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.

Subject to the licence granted to you to use the Site, Kirton reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of Kirton and its affiliates’ trade marks, trade and business names and service marks under this Agreement will vest in Kirton and its affiliates, as appropriate.

It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Kirton tracks the electronic ‘fingerprints’ of every order placed on Kirton to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.

It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Kirton tracks the electronic ‘fingerprints’ of every order placed on Kirton to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.

you fail to make any payment to us when due;

you breach the terms of this Agreement (repeatedly or otherwise);

when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;

we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.

Kirton may amend these Terms from time to time, and place the new version on the Site. For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following Kirton’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.

These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Kirton and you relating to your purchase. Kirton advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Kirton. We will store a copy of the contract entered into by you with Kirton. You are advised to read (and are responsible for reading) fully all information on this website.

If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.

These Terms are subject to the laws and exclusive jurisdiction of the Island of Jersey, Channel Islands.