Terms of Service

This website is operated by Kite Wing and Foil. Throughout these Terms of Service, the terms “we”, “us” and “our” refer to Kite Wing and Foil.

These Terms of Service explain the terms on which you may use our website and purchase products from us. They apply together with our Privacy Policy, Refund Policy and Shipping & Delivery Policy.

Please read these Terms carefully before using our website or placing an order. By using the website or purchasing from us, you agree to these Terms. Nothing in these Terms affects your statutory rights as a consumer.

1. About Us

Kite Wing and Foil is an independent UK online retailer of kitesurfing, wing foiling, hydrofoiling and related watersports equipment.

You can contact us using the following details:

• Email: info@kitewingandfoil.com
• Telephone: +44 20 3290 0988
• Postal address: 162 All Souls Avenue, London, NW10 3AB

You can also contact us through our Contact page.

2. Eligibility to Use the Website

You must be at least 18 years old and legally capable of entering into a binding contract to place an order through this website.

You must not use our website or products for any unlawful purpose, attempt to gain unauthorised access to the website, introduce malicious code, interfere with the website’s operation or infringe the rights of another person.

We may suspend or restrict access to the website where reasonably necessary for security, maintenance, suspected misuse or legal compliance.

3. Product Information

We take reasonable care to ensure that product descriptions, specifications, photographs, compatibility information and prices are accurate. Product colours and finishes may appear differently depending on your screen, lighting and device settings.

Measurements, weights, volumes and other technical information supplied by manufacturers may be approximate and may be changed by the manufacturer without notice.

Product images may occasionally show accessories or components that are not included. The product description will explain what is supplied. If you are uncertain about the contents of a product, its size or its compatibility with your existing equipment, please contact us before ordering.

We may correct an obvious error in a description, specification or price. If an error affects an order you have placed, we will contact you and give you the option to proceed on the corrected basis or cancel the affected item for a full refund.

4. Product Suitability and Compatibility

You are responsible for selecting equipment suitable for your ability, weight, intended use and conditions. Advice supplied by us is general guidance based on the information you provide and does not replace professional instruction, personal judgement or the manufacturer’s instructions.

Compatibility can vary between brands, product generations, model years and component sizes. Please check the product information carefully and contact us before ordering if you are unsure whether components are compatible.

Nothing in this section limits your rights where a product is faulty, not as described or incorrectly supplied.

5. Prices and Payment

Prices are displayed in pounds sterling unless stated otherwise. Prices include UK VAT where applicable but exclude delivery charges unless the website expressly states that delivery is included.

Available delivery options and charges are displayed at checkout or confirmed in a separate international shipping quotation.

Payment must be made using one of the payment methods offered at checkout or otherwise agreed by us. You confirm that you are authorised to use the payment method supplied.

We may change our prices at any time, but a price change will not affect an order that we have already accepted, except where there has been an obvious pricing error.

6. Placing an Order and Contract Formation

When you place an order, you are making an offer to purchase the products in your basket. An automated order confirmation acknowledges that we have received your order but does not necessarily mean that we have accepted it.

A binding contract is formed when we send confirmation that the products have been dispatched or when we otherwise expressly confirm acceptance of the order.

We may decline or cancel an order before acceptance where:

• the product is unavailable;
• payment cannot be authorised;
• there is an obvious error in the price or description;
• delivery is not available to the requested address;
• we reasonably suspect fraud, misuse or unauthorised resale; or
• we cannot lawfully supply the product.

If payment has already been taken for an order that we cannot accept, we will refund the relevant amount.

7. Stock, Pre-orders and Supplier Dispatch

All products are subject to availability. Stock information is provided in good faith, but an item may become unavailable before our systems are updated.

Some products may be supplied directly by an authorised distributor or manufacturer. This will not affect your contractual rights against us.

Estimated availability and delivery dates for pre-order or special-order products are estimates rather than guaranteed dates unless we expressly agree otherwise. Manufacturer and distributor schedules may change. If a material delay occurs, we will contact you and explain the options available.

Any deposit or staged-payment terms applying to a pre-order will be shown on the relevant product page or agreed with you before payment. Your statutory rights remain unaffected.

8. UK Delivery

UK delivery charges, estimated times and any free-delivery thresholds are explained in our Shipping & Delivery Policy and displayed at checkout.

We aim to dispatch in-stock products within the times shown on our website. Delivery dates are estimates unless we have expressly agreed a guaranteed delivery date with you.

Unless a different timeframe has been agreed, we will deliver your order without undue delay and no later than 30 days after the contract is formed. If we cannot meet an agreed delivery deadline, you may have rights to cancel under applicable consumer law.

Please provide a complete and accurate delivery address. We are not responsible for delays caused by incorrect or incomplete information supplied by you, although we will make reasonable efforts to assist.

9. International Delivery

International delivery is not currently available as a standard checkout option. We may, however, agree to ship selected products to selected international destinations. Please contact us for availability and a quotation before placing your order.

International delivery availability depends on the product, destination, courier restrictions, manufacturer restrictions and applicable import or export rules. We reserve the right to decline an international order where delivery is unavailable, impractical or unlawful.

10. International Customs Duties and Taxes

Unless we expressly confirm otherwise in writing, international orders are supplied on the basis that the recipient is responsible for importing the products into the destination country.

International orders may be subject to import VAT, sales tax, customs duties, tariffs, clearance charges, brokerage fees or other charges imposed by the destination country or courier. These charges are not included in our product price or delivery charge unless we expressly confirm otherwise.

You are responsible for:

• checking the import rules that apply in the destination country;
• ensuring that the products may lawfully be imported and used there;
• providing any information required for customs clearance; and
• paying all applicable import duties, taxes and clearance fees.

We cannot control customs clearance procedures or determine the final charges imposed by foreign authorities or couriers. Customs clearance may delay delivery.

If an international parcel is refused, remains unclaimed or is returned because import charges have not been paid or required clearance information has not been supplied, we may deduct the original delivery cost, return delivery charges and any customs or handling charges imposed on us from any refund, to the extent permitted by law. We will not make deductions that would unlawfully restrict your statutory rights.

11. Risk, Ownership and Delivery

The products remain at our risk until they come into the physical possession of you or a person identified by you to receive them.

If you independently appoint a carrier that was not offered or arranged by us, risk may pass to you when the products are handed to that carrier, as permitted by law.

Ownership of the products passes to you once we have received payment in full and the products have been delivered.

If you nominate a neighbour, workplace, safe place or another person to receive the delivery, delivery to that nominated person or location may constitute delivery to you.

12. Missed, Unclaimed and Returned Deliveries

If a delivery attempt is unsuccessful, you should follow the courier’s instructions to rearrange delivery or collect the parcel.

If a parcel is returned to us because it was not collected, the address supplied was incorrect or delivery was refused without a lawful reason, we may charge the reasonable cost of redelivery. We may also deduct reasonable delivery and return costs from any refund where permitted by law.

This does not affect your rights where the courier failed to deliver correctly, the products were damaged or faulty, or you validly exercised a statutory cancellation right.

13. Damaged, Missing or Incorrect Deliveries

Please inspect the packaging and products as soon as reasonably possible after delivery. If the packaging appears damaged, ask the courier to record the damage where possible and retain the packaging.

Please contact us promptly if a product is damaged, missing or incorrect. Photographs of the packaging, shipping label and product may help us investigate and resolve the issue more quickly.

Signing for or accepting a parcel does not remove your statutory rights. We remain responsible where products are damaged in transit before risk passes to you.

14. Consumer Cancellation Rights

If you are a consumer purchasing online, you normally have the right to cancel your order without giving a reason within 14 days after the day on which you, or a person nominated by you, receives the products.

If an order is delivered in separate parcels on different days, the cancellation period normally starts on the day after the final parcel is received.

To exercise this right, you must clearly tell us that you wish to cancel before the cancellation period expires. You may contact us by email, post or using the model cancellation form at the end of these Terms.

You must return cancelled products within 14 days after telling us that you wish to cancel.

The statutory cancellation right may not apply to certain products, including:

• products made to your specifications or clearly personalised;
• sealed products that are not suitable for return for health-protection or hygiene reasons once unsealed, where legally applicable; and
• other products excluded from cancellation rights by law.

A product is not automatically excluded merely because it was ordered from a supplier specifically for you. We will only apply an exclusion where the law permits us to do so.

15. Returns Following Cancellation

Products should be returned complete and, where reasonably possible, in their original packaging. You may inspect a product in the same way that you could reasonably inspect it in a shop.

We may reduce a refund to reflect a reduction in value caused by handling beyond what is reasonably necessary to establish the product’s nature, characteristics and functioning.

Unless the product is faulty, damaged, incorrect or we agree otherwise, you are responsible for the direct cost of returning a cancelled order. Some boards, foils and other large products cannot be returned by normal post and may incur significant courier charges. Please contact us before returning oversized products so that suitable arrangements and likely costs can be discussed.

You are responsible for taking reasonable care of a return until it reaches us. We recommend using suitable packaging and a tracked and insured delivery service appropriate to the product’s value.

16. Refunds Following Cancellation

When you validly cancel an entire order, we will refund the price paid and the cost of our least expensive standard delivery option. Additional delivery costs arising from an upgraded or express service selected by you are not refundable unless required by law.

We will issue the refund without undue delay and no later than 14 days after the day on which we receive the returned products or you provide evidence that they have been sent back, whichever occurs first.

Refunds will normally be made using the original payment method unless otherwise agreed. We may withhold a refund until we receive the products or evidence that they have been returned.

Further information is available in our Refund Policy.

17. Faulty, Damaged or Misdescribed Products

Products supplied to consumers must be of satisfactory quality, fit for their usual or agreed purpose and as described.

If a product is faulty, damaged or not as described, please contact us promptly with your order details and an explanation of the problem. We may ask for photographs or other reasonable information to help assess the issue.

Depending on the circumstances and applicable law, you may be entitled to reject the product, receive a repair or replacement, obtain a price reduction or receive a refund. We will cover reasonable return costs where a product is confirmed to be faulty, damaged in transit or incorrectly supplied.

Nothing in these Terms limits your rights under the Consumer Rights Act 2015 or other applicable consumer-protection law.

18. Warranties and Manufacturer Guarantees

Some products include a manufacturer’s warranty or guarantee. The applicable period and conditions vary by brand and product.

A manufacturer’s warranty is additional to, and does not replace, your statutory rights against us. Warranty claims may require proof of purchase, photographs, serial numbers and other information reasonably requested by the manufacturer.

Damage caused by misuse, accidents, impact, unauthorised alterations, incorrect assembly, poor maintenance, ordinary wear and tear or use contrary to the manufacturer’s instructions may not be covered by a manufacturer’s warranty. This does not affect your statutory rights where the product itself was faulty.

19. Watersports Safety

Kitesurfing, wing foiling, hydrofoiling and related watersports involve inherent risks and can cause serious injury, death or property damage.

You are responsible for:

• obtaining appropriate professional instruction;
• using equipment suitable for your ability and the conditions;
• checking equipment before every use;
• following manufacturer instructions and safety warnings;
• using appropriate safety equipment; and
• complying with local laws, access rules and weather guidance.

Product information and advice on our website are not substitutes for qualified instruction or an assessment of conditions at the time of use.

Nothing in this section excludes or limits liability that cannot lawfully be excluded, including liability arising from defective products or our negligence.

20. Limitation of Liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of your statutory rights, defective products where liability cannot be excluded, or any other liability that cannot legally be limited.

If you are a consumer, we are responsible for losses that are a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not responsible for losses that were not reasonably foreseeable when the contract was formed.

We supply products for private use unless we expressly agree otherwise. If you use products for commercial, trade, instructional, rental or resale purposes, we are not responsible for business losses including loss of profit, revenue, contracts, opportunity, goodwill or business interruption, to the extent permitted by law.

We are not responsible for delay or failure caused by circumstances beyond our reasonable control. If such circumstances materially affect your order, we will contact you and take reasonable steps to minimise the effect. Your statutory rights concerning delayed or failed delivery remain unaffected.

21. Website Availability and Optional Tools

We aim to keep the website available and accurate, but we do not guarantee uninterrupted or error-free access. We may update, suspend or withdraw parts of the website where reasonably necessary.

The website may provide access to services or tools operated by third parties, including payment providers, review services and delivery tracking. Third-party services may be governed by their own terms and privacy policies.

22. Third-Party Links

Our website may contain links to websites operated by manufacturers or other third parties. These links are provided for information and convenience. We do not control third-party websites and are not responsible for their content, security or availability.

The inclusion of a link does not necessarily mean that we endorse every statement, product or service on the linked website.

23. Reviews, Feedback and User Content

If you submit a review, photograph, comment or other content, you confirm that you have the right to submit it and that it is accurate, lawful and does not infringe another person’s rights.

You must not submit unlawful, abusive, misleading, defamatory, obscene or malicious content.

Where you submit content for publication, you grant us a non-exclusive, royalty-free licence to display, reproduce and use that content in connection with our website and marketing, unless otherwise agreed. You retain ownership of your content.

We may moderate or remove user content where reasonably necessary, but we are not obliged to publish every submission.

24. Intellectual Property

The content on this website, including text, graphics, logos, page layouts and original photography, is owned by or licensed to Kite Wing and Foil and is protected by intellectual-property law.

You may view and print website content for personal, non-commercial use. You must not reproduce, republish, distribute, sell, scrape or commercially exploit website content without our prior written permission or the permission of the relevant rights holder.

Manufacturer names, product names, trademarks and images remain the property of their respective owners.

25. Personal Information

We process personal information in accordance with our Privacy Policy.

When placing an order, you must provide accurate and complete billing, delivery and contact information. Please update us promptly if information relating to an active order changes.

26. Changes to These Terms

We may update these Terms to reflect changes to our services, business practices or applicable law. The version that applies to an order will normally be the version in effect when that order was placed.

The latest version will be published on this page with the date of the most recent update.

27. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified to the minimum extent necessary or removed. The remaining provisions will continue in effect.

28. No Waiver

If we do not immediately enforce a provision of these Terms, this does not mean that we have waived our right to enforce it later.

29. Governing Law and Jurisdiction

These Terms and any contract between you and us are governed by the laws of England and Wales.

If you are a consumer resident in another part of the UK, you may also benefit from mandatory protections available under the law of that part of the UK and may bring proceedings in your local courts where applicable.

If we agree to supply a consumer outside the UK, nothing in these Terms removes any mandatory consumer rights that apply in the customer’s country and cannot legally be excluded by agreement.

30. Complaints and Contact

If you have a complaint or question about an order, please contact us so that we can try to resolve it:

• Email: info@kitewingandfoil.com
• Telephone: +44 20 3290 0988
• Postal address: 162 All Souls Avenue, London, NW10 3AB

Nothing in this section prevents you from using any dispute-resolution process or legal remedy available to you.

Model Cancellation Form

Complete and return this form only if you wish to cancel a qualifying consumer contract. You may also cancel by sending us another clear statement.

To: Kite Wing and Foil, 162 All Souls Avenue, London, NW10 3AB. info@kitewingandfoil.com

I/We hereby give notice that I/We cancel my/our contract of sale for the following products:

__________________________________________________

Order number:

__________________________________________________

Ordered on/received on:

__________________________________________________

Name of customer(s):

__________________________________________________

Address of customer(s):

__________________________________________________

Signature of customer(s), if this form is submitted on paper:

__________________________________________________

Date:

__________________________________________________