Terms and Conditions
- 1.1 "Buyer" shall denote the individual or organisation who buys or agrees to buy the Goods from the Seller.
- 1.2 "Seller" means K-Bay Ltd of The Dell, Hinton Martell, Wimborne, Dorset, BH21 7HP that owns and operates www.k-bay.co.uk.
- 1.3 "Contract" shall denote the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.
- 1.4 "Goods" denotes the articles that the Buyer agrees to buy from the Seller.
- 1.5 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
- 1.6 "Terms and Conditions" denotes the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.
- 1.7 "Website" means www.k-bay.co.uk.
- 2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
- 2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
- 2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
- 2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
- 2.5 Any complaints should be addressed to the Seller's address stated in clause 1.2.
- 3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
- 3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 14 days.
4 PRICE AND PAYMENT
- 4.1 The price of the Goods shall be that stipulated on the Website. The price is INCLUSIVE of VAT. The price EXCLUDES delivery charges.
- 4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer's shopping cart prior to confirming the order.
- 4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
- 4.4 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.
5 RIGHTS OF SELLER
- 5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
- 5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
- 5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
- 6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
- 7.1 Goods supplied within the UK will normally be delivered within 3 working days of acceptance of order.
- 7.2 Goods supplied outside the UK will normally be delivered within 10 working days of acceptance of order.
- 7.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
- 7.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
- 7.5 Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
- 7.6 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
- 7.7 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
8 CANCELLATION AND RETURN
- 8.1 The Buyer may cancel the Contract for any reason at any time up to 14 working days (not including weekends or bank holidays) after the day of delivery and any payments made by the Buyer shall be refunded in full within 14 days. To do this, the Buyer shall notify the Seller by e-mail or by writing to the Seller at the address above.
- 8.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by e-mail or by writing to the address above within 14 working days (not including weekends or bank holidays) if the Goods are damaged or do not comply with any part of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
- 8.3 Where a claim of defect or damage is made or if rejected for any other reason, the Goods shall be returned by the Buyer to the Seller within 14 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) and in addition any return postal charges if the Goods are in fact defective.
- 8.4 Goods must be returned by the Buyer at the Buyer's expense within 14 days of cancellation in the original packaging or equivalent and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for, in the case of non-defective Goods, return postal charges. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
- 8.5 Goods to be returned must clearly show the order number obtained from the Seller on the package.
- 8.6 8.7 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
10 LIMITATION OF LIABILITY
- 10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
- 10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
- No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
- The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
- If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
- The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
15 GOVERNING LAW AND JURISDICTION
- These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Chinook Unconditional 12-month Warranty
For all Chinook booms, bases, extensions and masts purchased in the UK during 2015, we are offering an unconditional replacement warranty on any broken or damaged items that occur while windsurfing (for a period of 12 months after purchase).
This will even include getting munched in double mast high waves, shore breaks and incidents with rocks or groynes. Damage caused by any activity on dry land will not be covered. No replacements will be issued unless a valid receipt from point of purchase is produced.
1. www.k-bay.co.uk is committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of the data protection legislation in the UK. The purpose of this statement is to explain to you what personal information we collect and how we may use it.
2. When you order, we need to know your billing information and card information. We do not store this information beyond the validation and verification required during purchase. This allows us to process and fulfil your order. You have the option to withhold personal information that is not required for the order process.
3. We use your personal information
- solely for payment and billing purposes
- to notify you of changes to the website
- to update you about new products/services
- to improve our products/services
- to conduct research
4. We do not sell, rent or exchange your personal information with any third party for commercial reasons, beyond the essential requirement for credit/debit card validation during purchase.
5. We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access in accordance with the UK data protection legislation.
We do not collect sensitive information about you except when you specifically knowingly provide it. In order to maintain the accuracy of our database, you can check, update or remove your personal details by email.
7. In order to process credit/debit card transactions, the bank or card processing agency may require to verify your personal details for authorisation outside the EEA (European Economic Area). Your information will not be transferred outside the EEA for any other purpose.
8. If you have any questions about privacy please contact us at firstname.lastname@example.org .
1. About cookies
Cookies are files, often including unique identifiers, that are sent by web servers to web browsers, and which may then be sent back to the server each time the browser requests a page from the server.
Cookies can be used by web servers to identity and track users as they navigate different pages on a website, and to identify users returning to a website.
Cookies may be either "persistent" cookies or "session" cookies. A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date). A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
2. Cookies on this website
We use both session cookies and persistent cookies on this website.
We may send to you the following cookies:
- ANONID or ANONID_FS
- VID or VISID
Cookies [1 to 6] are persistent cookies, whereas cookies [7 to 11] are session cookies.
Cookies do not contain any information that personally identifies you, but personal information that we store about you may be linked, by us, to the information stored in and obtained from cookies.
We may use the information we obtain from your use of our cookies for the following purposes:
(1) [to recognise your computer when you visit our website;]
(2) [to track you as you navigate our website, and to enable the use of the [shopping cart facility] on our website;]
(3) [to improve the website's usability;]
(4) [to analyse the use of our website;]
(5) [in the administration of this website;]
4. Third party cookies
When you use our website, you may also be sent third party cookies.
Our [advertisers/service providers] may send you cookies. They may use the information they obtain from your use of their cookies:
(1) [to track your browser across multiple websites;]
(2) [to build a profile of your web surfing;]
(3) [to target advertisements which may be of particular interest to you.]
5. Blocking cookies
Most browsers allow you to refuse to accept cookies. For example:
(1) in Internet Explorer you can refuse all cookies by clicking "Tools", "Internet Options", "Privacy", and selecting "Block all cookies" using the sliding selector
(2) in Firefox you can block all cookies by clicking "Tools", "Options", and un-checking "Accept cookies from sites" in the "Privacy" box.
Blocking all cookies will, however, have a negative impact upon the usability of many websites. [If you block cookies, you will not be able to use the [shopping cart facility] on this website.
6. Deleting cookies
You can also delete cookies already stored on your computer:
(1) in Internet Explorer, you must manually delete cookie files;
(2) in Firefox, you can delete cookies by, first ensuring that cookies are to be deleted when you "clear private data" (this setting can be changed by clicking "Tools", "Options" and "Settings" in the "Private Data" box) and then clicking "Clear private data" in the "Tools" menu.
Obviously, doing this may have a negative impact on the usability of many websites.