Retail Terms of Service

Fergs Kayaks – Terms of Service

Last updated: 31st October 2025

Welcome to Fergs Kayaks!
By using our website or buying something from us, you agree to these Terms of Service. Please read them carefully before using our site.

1. About Us

This website is operated by Fergs Kayaks (“we”, “us”, “our”).
We use Shopify to power our online store. When you visit our site or make a purchase, you’re agreeing to these terms, as well as our Privacy Policy and any other policies linked here.

2. Using Our Site

To use our site, you must:

Be at least the age of majority in your region, or have permission from a parent or guardian.
Not use our site or products for anything illegal or harmful.
Not upload or share any viruses, spam, or malicious code.

If you break these terms, we may end your access immediately.

3. General Rules

We can refuse service to anyone at any time for any reason.
Your non-payment information (like names and addresses) may be sent through various networks and systems. Payment details are always encrypted and secure.

You can’t copy, resell, or exploit any part of our service or website without our written permission.

4. Information on the Site

We do our best to keep all information on our site accurate and up to date. However, we can’t guarantee everything is always correct or current.
We may change the content of the site at any time, and it’s your responsibility to stay informed.

5. Prices and Changes

Prices for our products or services can change at any time without notice.
We may also modify, pause, or stop any part of our service or website at any time.

6. Products and Services

Some products and services are only available online and may have limited quantities.
We’ve tried to display colours and images accurately, but we can’t guarantee how they appear on your screen.
We can limit or refuse sales to anyone, anywhere, for any reason.
We can change or discontinue products and prices without notice.
Returns and exchanges are handled according to our Return Policy.

7. Orders and Billing

We can refuse or cancel any order at our discretion.
We may limit orders placed by the same customer, household, or payment method. If your order changes or is cancelled, we’ll try to contact you using the details you provided.

You agree to provide correct and up-to-date payment and contact information so we can complete your purchase.

8. Third-Party Tools and Links

We may provide links or access to tools from other companies. These are provided “as is.”
We don’t control or endorse third-party websites or services, and we aren’t responsible for anything that happens if you use them. Please review their terms and policies before engaging with them.

9. Feedback and Comments

If you send us feedback, ideas, or other submissions, you agree that we can use them however we like, without compensation.
You also agree that your comments won’t include offensive, illegal, or harmful material, and you’re responsible for what you post.

10. Your Personal Information

Any personal details you share are protected under our Privacy Policy.

11. Errors and Updates

Sometimes, there might be mistakes or missing information (like pricing or product descriptions).
We can fix or update this information — and cancel affected orders — at any time without notice.

12. What You Can’t Do

You agree not to use our site for:

Anything illegal or harmful
Discrimination, abuse, or harassment
Uploading malware or malicious code
Collecting personal data without consent
Spamming, scraping, or hacking our systems
Any action that interferes with our website or its security

Breaking these rules may result in suspension or termination of access.

13. Warranties and Liability

We do our best to provide a reliable service, but we can’t promise it will always be perfect or uninterrupted.
You use our website and services at your own risk. Everything is provided “as is.”

We’re not responsible for:

Losses from using our website or products
Errors or omissions on our site
Indirect or consequential damages (like lost profits or data)

Where the law allows, our liability will be limited to the amount you paid us.

14. Indemnity

You agree to protect and hold harmless Fergs Kayaks, our staff, and partners from any claims or costs resulting from your misuse of our site or violation of these terms.

15. Severability

If any part of these terms is found invalid or unenforceable, the rest will still apply.

16. Ending This Agreement

You can stop using our services at any time.
We may also terminate your access without notice if we believe you’ve violated these terms.
Any unpaid amounts owed before termination remain due.

17. The Entire Agreement

These Terms of Service, along with any related policies, make up the full agreement between you and Fergs Kayaks.
If we don’t enforce a right under these terms, that doesn’t mean we’re waiving it.

18. Governing Law

These terms are governed by the laws of New Zealand.

19. Changes to These Terms

We may update these Terms of Service from time to time. The latest version will always be available on this page.
By continuing to use our website after changes are posted, you accept the new terms.

20. Contact Us

If you have any questions about these Terms, please contact us at:
📧 salesak@fergskayaks.co.nz