Terms and Conditions
- Fatyak-Kayaks is a trading name of Fatyak Limited (‘Fatyak Limited’/’we’/’us’/’our’) whose address is Fatyak Limited., 35 Cottage Rd, Newry, N.Ireland, BT35 8RS. The company’s registration number is NI017631. The company’s VAT registration number is 307415426.
- Fatyak Limited is the owner of this website.
- Please read these Terms and Conditions carefully as, by using the website, you will be taken to have agreed to be bound by them. In addition, these Terms and Conditions apply to all purchases of items from this website. Please read this document carefully before placing your order. Fatyak Limited advises you to print and keep safe a copy of these Terms and Conditions for your reference.
- Fatyak Limited reserves the right to amend or vary these Terms and Conditions from time to time, and place the new version on the Site. Any such changes shall not affect any contract subsisting between us at the time of such change unless any change to those Terms and Conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). You are advised to review the conditions of use on a regular basis as your continued use of the Site following Fatyak Limited’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms and Conditions, then you must cease using the Site.
- Fatyak Limited does not sell products for purchase by children. If you are under 18, you may only use the website with the prior consent of a parent or guardian.
- 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 Fatyak Limited and you relating to your purchase. Fatyak Limited advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Fatyak Limited. We will store a copy of the contract entered into by you with Fatyak Limited. You are advised to read (and are responsible for reading) fully all information on this website.
- Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Fatyak Limited.
- If any provision of these Terms and Conditions shall be held by any competent authority to be invalid, void, or for any reason unenforceable, whether in whole or in part, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- These Terms and Conditions are subject to the laws and exclusive jurisdiction of the United Kingdom.
- Fatyak Limited takes every care and precaution to ensure that information published on the website is accurate when posted and regularly updated, but Fatyak Limited cannot guarantee its accuracy and may change the information at any time without notice.
- Any reference to any product or service which has been or may be provided by Fatyak Limited or any other company does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
- The release, publication or distribution of documents on the website in jurisdictions other than the United Kingdom may be restricted by law and therefore persons in a jurisdiction other than the United Kingdom into which such documents are released, published, distributed or otherwise accessible should inform themselves about and observe any such restrictions. Access to the website will not constitute an offer in jurisdictions in which it would be illegal to make such an offer and in such circumstances it will be deemed to have been sent for information purposes only.
- 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, Fatyak Limited reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of Fatyak Limited and its affiliates’ trade marks, trade and business names and service marks under this Agreement will vest in Fatyak Limited and its affiliates, as appropriate.
- Copyright in these pages is owned by Fatyak Limited. Fatyak Limited owns the copyright in the content published on the website except where otherwise indicated by a third party’s proprietary notice. Images, trade marks and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners. Unless specifically prohibited by a notice published on any page, you may make a print copy of such parts of the website as you may reasonably require for your own personal use provided that any copy has attached to it any relevant proprietary notices and/or disclaimers. All other use is prohibited.
© Fatyak Limited.
35 Cottage Rd, Newry, N.Ireland, BT35 8RS
- Content and information provided by third parties other than Fatyak Limited is identified clearly where it appears. Fatyak Limited publishes this content as supplied to us and are not responsible for its accuracy or timeliness. You must take appropriate steps to verify this information before acting upon it.
Conditions of Sale
- Your order is an offer by you to Fatyak Limited to buy the product(s) in your order. When you place an order to purchase a product from Fatyak Limited, we will send you an e-mail confirming receipt of your order and containing the details of your order. The order confirmation e-mail is acknowledgement that we have received your order, does not confirm acceptance of your offer to buy the product(s) ordered and does not constitute the formation of a contract between you and Fatyak Limited.
- No contract for the sale of any product will subsist between you and Fatyak Limited until Fatyak Limited sends e-mail confirmation to you that the goods have been dispatched to you. This confirmation e-mail amounts to an acceptance by Fatyak Limited of your offer to buy goods from Fatyak Limited (whether or not you receive that e-mail).
- Your contract for purchases made through the Site is with Fatyak Limited.
- 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.
- This confirmatory e-mail will contain all relevant statutory information concerning your contract. The confirmatory e-mail will also contain a link to these terms and conditions, which may be amended in accordance with paragraph 3 above from time to time.
- You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
- While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Ingredients may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
- Any advice or recommendation given by Fatyak Limited to you as to the storage application or use of the Goods which is not confirmed in writing by us is followed or acted upon entirely at your own risk and accordingly Fatyak Limited shall not be liable for any such advice or recommendation which is not so confirmed.
- Any typographical clerical or other error or omission in any sales literature, quotation price list, acceptance of offer invoice or other document or information issued by Fatyak Limited shall be subject to correction without any liability on the part of Fatyak Limited.
- All specifications, drawings, particulars of weight and dimension and performance data contained in any of Fatyak Limited’s literature are approximate only.
- Fatyak Limited reserves the right to improve and/or modify any specifications, designs and dimensions without notice.
- For the avoidance of doubt nothing in these Conditions or any Contract shall confer on any third party any benefit nor the right to enforce any term of these Conditions or any Contract whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Payment & Prices
- All prices on our website are in GBP (£) and Inclusive of VAT and exclusive of delivery charges, which will be payable as indicated at the time of placing your order.
- The price for the goods will be as stipulated:
- on the website at the time when you place your order; or
- in accordance with a quoted price (if provided by Fatyak Limited), which shall only be valid for 30 days from its date after which time the price may be altered by us and shall be subject to our requoting.
- We are entitled to make adjustments to the price to take account of any increase in our supplier’s prices, or the imposition of any new taxes or duties, or if due to an error or omission the price published for the goods on our website is wrong. We try to ensure that all prices displayed on our website are accurate, but the price of the goods on your order will need to be validated by us prior to processing your order. If there is a problem, we will inform you of the correct price and will give you the opportunity to purchase the goods at the correct price.
- We will accept payment of your order by Visa, Mastercard and Solo only. All credit/debit card transactions are subject to validation checks and are authorised by the card issuer. If the issuer of your card refuses to authorise payment to us, we will not be liable for any delay and/or non-delivery of your order. We are unable to accept or process any credit/debit card orders without a valid card payment in the name of the registered cardholder. We also accept PayPal payments. Payment by cheque or cash on delivery is not accepted. We do not offer credit facilities.
- You undertake that all details you provide to Fatyak Limited 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.
- We cannot accept responsibility if any details you provide us with are incorrect or if any order is held up as a result of incorrect details.
- 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. Fatyak Limited tracks the electronic ‘fingerprints’ of every order placed on Fatyak Limited to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
Availability / Processing of Orders
- Your order for goods is subject to availability. If we do not supply goods to you for any reason, we will inform you of the situation and will not charge you for those goods, and we will refund any money already paid by you for the goods. However, we will not be responsible for compensating you for any other losses which you may suffer if we do not supply the goods due to lack of availability.
- Every purchase you make shall be deemed as being performed in Northern Ireland. Northern Irish law shall govern every aspect of contractual agreement concerning purchases made from the Site.
- Fatyak Limited aims to arrange shipment of all ‘in stock’ items within 24 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers or we are experiencing a high volume of orders. Some items may be unavailable and the current stock status is approximate. Fatyak Limited are not able to supply dates our suppliers may get an item in stock.
- Fatyak Limited will only deliver goods to the address on the order.
- We will endeavour to deliver the goods within the times stated, but the period stated within which you will receive your order is approximate. Time shall not be of the essence. Goods will be sent to the address given by you in your order and stated in the Order Confirmation.
- Fatyak Limited shall not be liable for any losses, costs, damages, charges or expenses caused by any delay for delivery of the goods unless caused by our negligence.
- Title in the goods will pass on delivery. Should you return the goods following delivery pursuant to conditions set out under these Terms and Conditions, then title in the goods shall revert to us when you return the goods to us.
- Our Fatyaks are despatched direct from our UK factory, an email notification will be sent upon despatch. Plus, a further email is sent on the day of delivery confirming delivery driver name with a link to track your goods.
- If you are not in to receive your goods during the allocated time, we reserve the right to charge a re-delivery fee.
- Fatyak Kayaks are handmade in the UK. Due to the handmade nature of the product, variations in colour may occur. If you are unhappy with the particular shade of your boat, we will gladly swap it for another colour once the boat is returned by the customer, at the customer’s expense.
- Due to the handmade nature of the kayaks, the weights listed on the website are approximate. A typical variance is -/+10%. All weights exclude fixtures, fittings and accessories. If you’re unhappy with the weight variation we’ll happily give you a full refund or replacement once the kayak is returned at the customer’s expense.
Right to Cancel – Unwanted Items
- Goods, other than faulty goods, may be returned within 14 working days of the day after the date of receipt by you of the goods. The cost of the return delivery charge under these circumstances is to be paid directly by the customer, unless the product is faulty or damaged.
- Returns are initiated through our returns authorisation procedure – by contacting Fatyak Limited by email or phone. We will provide you with a returns authorisation number along with details on how and where to send your item. Wrap the item securely and include the original invoice and packaging along with your returns authorisation number. 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) unsealed optical media (such as DVDs, CDs, Blu-rays); and (c) leisure services or other activities in the form of vouchers that have expired.
- Fatyak Limited will refund your credit card once we have received and processed the item as soon as possible and in any event within 30 days of notice of cancellation. You will be liable for any charges incurred in returning the goods to Fatyak Limited or if you fail to return goods you will be liable for any charges incurred in relation to attempts to collect the goods.
- Fatyak Limited may, at its discretion, provide a refund for unwanted items after the initial 14 working days. For refunds after this period, a restocking charge of 20% will be deducted from the refund total.
Damaged, Defective, Incorrectly Sent, Incorrectly Advertised Items
- Goods should be checked by you on delivery and should not be signed for as delivered until checked. If the goods are damaged, delivery should not be accepted and Fatyak Limited should be contacted immediately. No refund or replacement will be provided if you accept delivery of damaged goods. No refund or replacement will be made if you expressly ask for the goods to be left outside your house unattended in the event of you not being in to sign for them, as this will be deemed as you accepting the delivery.
- 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, Fatyak Limited 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 follow our returns authorisation procedure by contacting Fatyak Limited by email or phone. We will email you a returns authorisation number along with details on how and where to send your item. Please notify Fatyak Limited of the problem in writing as soon as possible and preferably within 28 working days of delivery of the goods. Nothing in these Terms and Conditions affect your statutory rights.
- Multi-buy items: Main or qualifying multi-buy items can be returned to us if they are damaged or defective. We are able to offer you a replacement for any qualifying multi-buy items. Due to the nature of these promotions, we cannot offer you a refund for the main or qualifying item alone.
- Test of returned items: We test 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 and an administration fee of 15% of the price of the goods, which will be charged to your credit card account. We advise you to check any item and its instructions carefully before returning it. We will not refund postage for items found to be in good working order.
- This section applies only to the extent permitted by law. For the avoidance of doubt, Fatyak Limited do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Fatyak Limited’s negligence or wilful default, or that of Fatyak Limited’s employees, agents or subcontractors or (b) fraudulent misrepresentation.
- Fatyak Limited does not accept liability (except as set out below) for any errors and omissions and reserves the right to change information, prices, specifications and descriptions of listed goods, products and services.
- Fatyak Limited 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, Fatyak Limited 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, Fatyak Limited does not represent or warrant that the information accessible via this site is accurate, complete or current.
- Fatyak Limited will not be responsible for (i) losses that were not caused by any breach on our part or (ii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
- Fatyak Limited 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 Fatyak Limited when not using the products in accordance with these Terms and Conditions.
- Fatyak Limited does not accept 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, terrorism, war, malicious damage, explosion, governmental actions and any other similar events.
- Fatyak Limited does not accept 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.
- The products sold on the Site are not for re-sale or distribution. We reserve the right to suspend accounts where we believe products are being ordered in breach of this Term.
- Fatyak Limited warrants to the original owner of the Fatyak Kayak that any part of the boat that is defective in material of workmanship will be repaired without charge.
- This warranty shall apply for a period of 2 years on the deck, hull and parts from the date of retail sale. Any warranties from suppliers of parts supersede the Fatyak Limited warranty.
This warranty covers use under the normal conditions and does not cover damage caused by accident, alterations or misuse.
- Freight to and from the manufacturing plant is at the owner’s expense. The serial number is located on the moulded-in safety transfer.
- In the event of a warranty claim we can trace back through our manufacturing process with the unique serial number.
- In order to be covered by this warranty customers must register their product serial number(s) via this link.
- 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.