Terms & Conditions
These terms and conditions (“Terms”) govern your use of www.razorkayaks.com.au (“Website”) and your purchase of any products (“Products”) or services (“Services”) from Remi Group Pty Ltd (ACN 633 841 915) as trustee for Overnight Adventures Trust (ABN 622 494 731) trading as “Razor Kayaks” (“us/we”). You acknowledge that you must also comply with our policies on the Website or available through hyperlink from the Website (“Policies”), which will form part of these Terms, except to the extent of any inconsistency between the Terms and the Policies, in which case these Terms shall prevail.
By visiting our Website and/or purchasing the Products from us, you agree to be bound by the Terms and the Policies (collectively, the Agreement) and acknowledge that any ignorance by you in relation to the Agreement does not impact its enforceability. The Agreement constitutes the entirety of the terms and conditions applicable to your use of the Website and/or purchase of the Product and/or Services, unless otherwise expressly agreed by us in writing. If you do not agree to the Agreement, you must not use the Website or purchase the Products.
You may choose to negotiate these Terms with the us, in which event any agreed amendments to the Terms that are in writing and signed by you and us, will form part of the Agreement.
These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Any new features or tools which are added to the current Website shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms posting updates and/or changes to our Website, with notice to you.. If we do not notify you that we have updated the Terms, you will not be bound by any update to the Terms.
SECTION 1 – Warranties and Obligations
By agreeing to these Terms, you warrant that: you are 18 years of age or older; you have the skill and ability to use any Products or Services in your order (the Order); and will safely and properly use all Products in your Order and agree that you will use and treat all Products in accordance with such reasonable standards.
When accessing or using the Website or any Product or Service you must not, at any time use the Website any Product or Services for any purpose that is illegal, beyond its intended use or otherwise prohibited by these Terms, transmit any worms or viruses, trojan, logic bomb or any code of a destructive nature or hack into any aspect of the Website or our business and/or corrupt data. In the event that our Website specifies uses for our Products and/or Services, we will not be liable for any Claims (as defined in section 6) that result from your use of these Products and/or Services beyond these specified uses.
You agree to provide accurate, current and complete information to us, at all times; notify us immediately (or, if that is not possible, as soon as is reasonably practical) of any issues with, or defects in, the Products or Services; use the Website, purchase and use the Products and Services at your own risk and only for their intended purpose; warrant that you are not allergic to, or otherwise unable to purchase or use any Products or Services in your Order.
In the event that an account on the Website or for an Order is created in the name of a corporate entity, then these Terms are enforceable against that entity and the individual who creates the account and/or submits the Order on the entity’s behalf, which individual enters into these terms as personal guarantor for the corporate entity.
We are entitled to terminate the licence in these Terms and/or your access to the Website and/or Products and Services if you breach the Agreement.
SECTION 2 - GENERAL CONDITIONS
We may modify, suspend or terminate your access to the Website, Products or Services for any reason, at any time and without notice to you.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or Products, use of the Products, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
SECTION 4 - MODIFICATIONS TO THE PRODUCTS AND SERVICES
Prices for Products are subject to change without notice to you. However, the Price displayed for the Product on the Website at the time you Order the Product, will be the Price you pay for the Product. There may be circumstances where for international deliveries, delivery charges may be notified after you placed your Order, in which event, prior to us sending your Order, you may notify us in writing that you refuse to pay the advised delivery charge and we will cancel your Order and refund you for the Order.
We reserve the right at any time to modify or discontinue any Product or Service (or any part or content thereof) without notice to you.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Product or Service.
SECTION 5 – PROMO CODES AND GIFT CARDS
We may offer promotional codes from time to time (“Promo Codes”) subject to any conditions that we determine in our discretion. Only one Promo Code can be used on an Order. In the event that Razor Kayaks determines that a Promo Code has been wrongly copied, distributed or otherwise misused, Razor Kayaks reserves the right to cancel, modify or suspend the Promo Code, or cancel the related Order, in its discretion. Razor Kayaks makes no guarantees or representations regarding Promo Codes and is released from any liability arising in relation to them or their failure, unless such failure constitutes our breach of these Terms.
Razor Kayaks may elect to offer gift vouchers and/or credits (“Gift Voucher”) from time to time, subject to any conditions that Razor Kayaks determines, in its absolute discretion, including conditions relating to expiry dates and prohibiting using offers or discounts in conjunction with other offers or discounts. In the event that the Product/s you purchase exceed the value of the Gift Voucher, you will be liable to pay any additional amounts, in addition to postage charges. In the event that the Product/s you purchase are lower than the value of the Gift Voucher, then the Gift Voucher will retain the remaining amount.
SECTION 6 - PRODUCTS OR SERVICES
You agree and acknowledge that Razor Kayaks displays Products and Services on the Website, which constitutes an invitation to treat. Your placement of any order of a Product or Service (“Order”) constitutes an offer to purchase such Products and/or Services. Upon submitting your Order, you will nominate the accurate delivery address, and your offer is not accepted by us until we receive the full price for all items in your Order, plus delivery costs; and we send you a confirmation for the Order. In the event that, after your offer is accepted, we advise that we are not able to provide certain Products and/or Services, then you may choose replacement items, at the same value or higher value (in which case you will be required to pay us the difference in value); or you may choose to be refunded the price paid for those Products and/or Services that we are not able to provide; and you release us from all claims, losses, demands, damages, proceedings, compensation, costs, charges, expenses and liabilities (collectively, the “Claims”) relating to such unavailability.
If you place an Order for delivery to an address that is someone else’s place of residence or business you must obtain their consent before providing us with their personal information and, by placing an Order, you confirm to us that you have done this.
Please ensure that you enter all information carefully when placing an Order. You warrant to us that all information provided by you in relation to each Order is complete, true and accurate. Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by us. We will use reasonable endeavours to cancel or change the Order if it has not already been dispatched but make no representation that we will be able to do this.
Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law and under similar laws and international conventions globally), we will not be liable to you, or any other person, for any Claim suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by us, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
Where you place separate Orders the items will be delivered separately and a separate delivery fee may apply to each Order.
Certain Products or Services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
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.
We have made every effort to display as accurately as possible the colours and images of our Products on the Website. We cannot guarantee that your computer monitor's display of any colour will be accurate, as such you acknowledge that the colours, and other aspects of the Products shown on the Website may vary slightly from the actual Products in your Order. You also acknowledge that many of our products, including inflatable kayaks, are hand made and variations, minor markings, lifted stitching between chambers and irregularities in seams from the product specifications listed on our website are common and expected and if present in the Product, will not be considered a fault in the Product.
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. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product or Service at any time. Any offer for any Product or Service made on this site is void where 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 Service or Product will be corrected.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. In the event an Order is refused no payment will be taken by us or in the event that an Order is refused after we receive payment, we will refund you the fee received by us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. In the event an Order is cancelled by us we will refund you for the Products within the Order which have been cancelled. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or hipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made with us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Website may include materials from third-parties.
Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that any intellectual property rights in those comments are assigned to us and we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; (3) to respond to any comments; or (4) to publish any comments on the site or otherwise.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
By providing us your email address, you acknowledge and agree that we may email your marketing materials in relation to our business.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website or on any related website, should be taken to indicate that all information in the Website or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or for any other reason; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (a) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our the Website will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.
You agree that from time to time we may remove the Website for indefinite periods of time or cancel the Website at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all Products and Services delivered to you (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our Related Entities, directors, officers, employees, affiliates, agents, contractors, interns, trustees, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website or any Products or Services, the shipping of our Products or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. As some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Razor Kayaks and our parent, subsidiaries, affiliates, partners, officers, directors, agents, trustees, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party
SECTION 16 - TRUSTEE
We enter into these Terms as trustee of the Trust and in no other capacity. You acknowledge that we incur all obligations and liabilities under these Terms (“Obligations”) solely in our capacity as trustee of the Trust and that we will cease to have any obligation under these Terms if we cease for any reason to be the trustee of the Trust. We will not be liable to pay or satisfy any obligations except out of the assets of the Trust, including all assets, property and rights, real and personal of any value whatsoever (“Assets”) against which we are actually indemnified in respect of any liability incurred by us as trustee of the Trust.
Subject to this section 16, you may enforce your rights against us arising from non-payment of our Obligations only to the extent of our right of indemnity out of the Assets of the Trust. If you do not recover all money owing to you arising from non-performance of our Obligations, you may not seek to recover the shortfall by:
(i) bringing proceedings against Razor Kayaks in its personal capacity; or
(ii) applying to have Razor Kayaks put into administration or wound up or applying to have a receiver or similar person appointed to Razor Kayaks or proving in the administration or winding up of Razor Kayaks.
Subject to this section 16, you waive your rights and release us from any personal liability whatsoever, in respect of any loss or damage:
(i) which you may suffer as a result of any:
(A) breach by Razor Kayaks of any of its obligations under these Terms; or
(B) non-performance by Razor Kayaks of its obligations under these Terms, and
(ii) which cannot be paid or satisfied out of the Assets of which we are entitled to be indemnified in respect of any liability incurred by it as trustee of the Trust.
You acknowledge that the whole of these Terms is subject to this section 16 and us shall in no circumstances be required to satisfy any liability of us arising under, or for non-performance or breach of any Obligations under or in respect of, these Terms or under or in respect of any other document to which it is expressed to be a party out of any funds, property or assets other than the Assets of the Trust under our control and in its possession as and when they are available to us to be applied in exoneration for such liability, provided that if the liability of Razor Kayaks is not fully satisfied out of the Assets of the Trust as referred to in this section 16, we will be liable to pay out of its own funds, property and assets the unsatisfied amount of that liability but only to the extent of the total amount, if any, by which the Assets of the Trust have been reduced by reasons of fraud, negligence or breach of trust by Razor Kayaks in the performance of our duties as trustee of the Trust.
The Parties agree that no act or omission of us (including any related failure to satisfy any our obligations under these Terms) will constitute fraud, negligence or breach of trust of us for the purpose of this section 16 to the extent to which the act or omission was caused or contributed to by any failure of any other person to fulfil its obligations relating to the Trust or by any other act or omission of any other person.
No attorney, agent or other person appointed in accordance with these Terms has authority to act on behalf of us in a way which exposes us to any personal liability (except in accordance with the provision of section 16), and no act or omission of such a person will be considered fraud, negligence or breach of trust of us for the purpose of this section 16.
SECTION 17 - SEVERABILITY
If any provision of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and the Agreement are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Website, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms =, we also may terminate the Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms shall not be construed against us on the basis that we drafted the terms.
SECTION 20 - GOVERNING LAW
You agree that all disputes, Claims or other matters arising from or relating to your use of the Website, and/or purchase of the Products or Services will be governed by the laws of New South Wales, Australia and will be heard and resolved in a court of competent jurisdiction located in New South Wales, Australia.
SECTION 21– INTELLECTUAL PROPERTY
The Website, Products, Services and all information and documentation that we supply and all information, messages, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and content contained in the Website, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Razor Kayaks IP”) are the property of us and our related entities, as defined in the Corporations Act 2001 (Cth) (“Related Entities”).
Unless otherwise expressly stated by us, Razor Kayaks owns all intellectual property rights in relation to the Razor Kayaks IP which arise by operation of legislation, common law or equity, including, but not limited to, all present and future rights, title and interest in and to such works and other forms of intellectual property, irrespective of whether such items or rights are registered, or capable of registration. All goodwill accrued in relation to the Razor Kayaks IP accrues to the exclusive benefit of us and our Related Entities.
By purchasing an Order, Razor Kayaks grants you a non-exclusive, revocable, limited, non-sublicensable licence to use the Website, Products or Services. In using this license, you must not use the Razor Kayaks IP other than for its intended purpose; distribute, broadcast or display the Razor Kayaks IP without our prior written consent; use or display the Razor Kayaks IP in any way that indicates that Razor Kayaks has endorsed or approved you or your products or services, without Razor Kayaks’ prior written approval; copy, adapt, reproduce, broadcast, store, save, transmit, distribute, display, print, publish or create derivative works from any of the Razor Kayaks IP; imitate or use in the same or a deceptively similar fashion any of the Razor Kayaks IP, in whole or in part; use any data mining, robots or similar data gathering or extraction methods with respect to the Razor Kayaks IP; use the Website, the Razor Kayaks IP or our products in any way that could damage Razor Kayaks, its reputation or the goodwill or other rights associated with the Razor Kayaks IP (including by way of social media platforms, including Facebook, Instagram or Twitter); or use the Razor Kayaks IP for a commercial purpose.
Nothing in these Terms should be construed as granting you any licence or right to use Razor Kayaks’ business names or trade mark/s, registered or unregistered, at any time without our prior written consent.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us via the form on our contact page.
SECTION 23 - SHIPPING & DELIVERY
You acknowledge and agree that any delivery times stated on the Website or otherwise provided to you are an estimate only. Dispatch and delivery times may vary depending on availability or factors outside of our control, and you release us from any liability relating to the postage or timing of delivery of any Product or Service you order from us.
Unless otherwise stated you provide us and/or our associates with authority to leave deliveries unattended without obtaining a signature as well as the following depending on your country:
All orders fulfilled in the following countries will be on an Incoterms Delivered Duty Paid (DDP) basis (i.e. including taxes, duties and carriage): Australia, United Kingdom.
For all orders fulfilled in the following countries you agree that our 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: 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 & Sweden.
Orders fulfilled in all other countries will be on an Incoterms Delivered at Place (DAP) basis (i.e. including carriage but not taxes and duties). You will be the importer of record, and you must ensure that the Products are imported following the laws and regulations of the incoming country.