GENERAL TERMS AND CONDITIONS
for the purchase of goods and services referred to www.kiteboarding1.eu, which is operated by WING&BOARD s.r.o., 1. Csl. Arm. Sboru 1557/9, 708 00 Ostrava, ID: 09472371, VAT: CZ09472371 establishment: KITEBOARDING1.EU, Slavikova 6168 / 18a, 708 00 Ostrava (hereinafter referred to as "Seller").
- These Terms and Conditions govern the rights and obligations of parties in the sale of goods (products) and services by the Seller of its customers (the "Buyer").
- Relations between the Buyer and the Seller are governed by these terms and conditions, which are an integral part of the purchase agreement (the "Agreement"). Mismatch text of these conditions with specific written text of the Treaty shall prevail specific Treaty. Upon signing the Agreement expire all previous agreements relating to the subject matter hereof, that it is not expressly included.
- By making the draft Treaty - order the Buyer expresses its consent to these General Terms and Conditions, unless in the draft Treaty explicitly otherwise.
Sale of goods - business disposition
- Individual contracts are concluded on the basis of written (eg. email) or verbal (and telephone) Buyer's orders. The order becomes the draft Treaty if it contains the name and surname, address and telephone or email contact Buyer. Further, the order must include a clear description of the subject matter (the "Goods"), number of items and the cost of goods in accordance with the current price list of goods placed on www.kiteboarding1.eu. Furthermore, by taking the carrier order must contain the place of supply of goods if it is different from the residence of the purchaser.
- The contract is considered concluded at the moment of delivery to the buyer.
- Seller agrees to deliver the Goods usually within 14 days from receipt of the order, unless otherwise agreed.
- Seller reserves the right to change prices listed in the price list (on www.kiteboarding1.eu) in the event of changes in its trade policy, exchange rate changes, significant inflation or changes in the supply conditions of Sellers business partners. Seller agrees to the purchase price of goods, different from the purchase price listed on www.kiteboarding1.eu at the time of the order, tell the Purchaser in writing within five working days from the date of receipt it to conclude the Contract. If the buyer does not agree with such a price, it is obliged to notify the Seller within five working days of receipt of the notification to the Seller and goods will not be sent.
- The invoice is a tax document simultaneously. The purchase price will be increased by the cost of transportation (depending on the contractual carrier tariffs) (hereinafter the "Total Price").
- Buyer agrees to pay the Seller the full amount of the advance to the Seller's bank account denominated in CZK 1002243609/5500, Raiffeisenbank a.s. or in EUR, IBAN: CZ1055000000001002243609 or by "cash on delivery". Ownership rights to the goods pass to the buyer until full payment of the total price by the Buyer.
- Delivery time is extended according to the circumstances, if the delay is caused by circumstances beyond Seller's fault, such as natural disaster like.
- Risk of damage to goods passes to the Buyer at the moment of delivery. The Buyer is obliged to delivered goods immediately upon transfer of the risk of damage to the goods and inspect any damage to the packaging or its contents, or any inconsistency with the contract is obliged to note it on the evidence of receipt and immediately inform the Seller.
- The buyer is obliged to check content of the consignment according to the attached tax document (invoice, receipt). If the contents of the shipment does not match the invoice, the Buyer is obliged to refuse the delivery as a whole. By signing the carriers waybill Buyer confirms receipt of all the products that are supplied with goods.
- The driver of the contracting carrier is entitled to take delivery and receipt of money certify on the carrier sheet. The tax document (invoice, receipt) is included in the shipment.
- Seller provides a warranty on goods for a period of 24 months commencing on the date of delivery to the buyer. The warranty does not cover damage caused by using the goods for purposes other than intended. In the case goods, are declared by the Seller as used, the Seller is not responsible for defects caused by use or wear, which goods had upon receipt by the Buyer. For such used goods liability for defects is 12 months from the date of receipt of goods by the Buyer, Seller will state this period in invoice. Buyers rights to guarantee can not be converted to a third party.
- If the buyer during the warranty period defective goods, is entitled to claim these defects. Complaints happening notification without undue delay, but no later than the end of the warranty period, the Seller either personally or by writing a complaint in writing to the Seller's address. Buyer Complaint must contain the date of delivery, product name, amount, description of the defect, the proposed settlement of the complaint and a copy of the tax document (invoice, receipt). The seller is obliged to comment on the complaint within 30 days of its receipt. Seller agrees to access the complaint responsibly and with due diligence.
- The buyer has the right to withdraw from a contract concluded by electronic mail or by telephone order within 14 days from receipt of goods, with the exception of the contract for the supply of goods adjusted according to the Buyer, or the Treaty on the delivery of audio and video recordings and computer programs, if the buyer of original packaging and with the exception of the Treaty, which is closed at the personal collection of the goods. If the contract was concluded outside the usual business of the Seller, the Buyer may cancel the contract within seven days from its conclusion. Buyer agrees to exercise his right of withdrawal in principle, by written communication addressed to the Seller's address stated in the header of these General Terms and Conditions, or transmitted personally Seller. Seller agrees to accept the goods in person, respectively. the only carrier unless the takeover requested any payment (cash on delivery, etc.). The buyer is in case of withdrawal from the Treaty, is obliged to return the goods in original, unused and undamaged condition and in original packaging, including manual and original invoice or. other documents supplied (eg. a discount coupon, etc.). If the buyer fails to do so, the rescission is not valid and the goods will be handed over personally to the Buyer or the Buyer's expense sent back to the Buyer with a written statement to the annulment of the withdrawal. After fulfilling all the conditions of exercising the right of the Buyer to withdraw from the Agreement, the Seller agrees within 15 working days of receipt of returned goods transfer the purchase price of goods to the buyer, the number of which the buyer undertakes to communicate in writing with a notarized signature, respectively. a price to pay in cash to the Buyer personally or sent by postal order to the Buyer at the buyer's address.
PROTECTION OF PERSONAL DATA
- Seller agrees to treat personal data of the buyer so they are not misused by a third party.
- The buyer gives the seller consent to their personal data to the database vendor, and with their subsequent processing for the Seller and cooperating entities, such as sending information about organized events, supply of goods and other activities. This consent is granted for an indefinite period. The Buyer has the right to consent at any time revoke in writing. The Seller in this case, the Seller agrees to remove Buyers personal data from its database.
- Seller reserves the right to change the Terms and conditions according to changes of relevant laws, as well as to changes in its business policy. This change and its effectiveness Seller announce at least five working days in advance, by publishing on the website www.kiteboarding1.eu.
- Other rights and obligations of both parties not included in these General Terms and Conditions or the Contract shall be governed by the law of the Czech Republic, in particular the relevant provisions of law no. 40/1964 Coll., Civil Code, as amended.
Date of publication: 25th of January 2021 Effective Date: 1st of February 2021