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BUSINESS TERMS

GENERAL TERMS AND CONDITIONS

 

for the purchase of goods and services referred to www.kiteboarding1.com, which is operated by Wind and Board s.r.o., 1. Csl. Arm. Sboru 1557/9, 708 00 Ostrava, ID: 09472371, VAT: CZ09472371, VAT payer, company registered in the Commercial Register of the Regional Court in Ostrava, file number C 83172, email: info@kiteboarding.cz, phone: +420 724 084 825, establishment: KITEBOARDING.CZ, Gen. Sochora 1764/22, 708 00 Ostrava (hereinafter referred to as "Seller").

I
BASIC PROVISION

  1. These General Terms and Conditions govern the rights and obligations of the contracting parties in the sale of goods (products) and the provision of services by the Seller to its customers (hereinafter referred to as the "Buyer"). ‚
  2. The relations between the Buyer and the Seller are governed by these General Terms and Conditions, which are an integral part of the purchase agreement (hereinafter referred to as the "Agreement"). In case of inconsistency between the text of these conditions and the text of a specific written contract, the text of the specific contract takes precedence. After the conclusion of the Agreement, all previous agreements relating to the subject matter of this Agreement, which are not expressly contained therein, become invalid.
  3. By making a draft of the Contract - an order, the Buyer expresses his agreement with these General Terms and Conditions, unless he explicitly states otherwise in the draft of the Contract.


II
SALE OF GOODS - BUSINESS DISPOSITION

  1. Individual Contracts are concluded on the basis of written (e.g. by email) or verbal (also telephone) orders of the Buyer. The order becomes a draft of the Contract if it contains the first and last name, place of residence and telephone or e-mail contact of the Buyer. Furthermore, the order must contain a clear description of the subject of the contract (hereinafter referred to as the "Goods"), the number of required pieces and the price of the Goods in accordance with the current price list of the Goods located at www.kiteboarding1.com. Furthermore, in the case of collection by the carrier, the order must include the place of delivery of the Goods, if it is different from the Buyer's place of residence.
  2. By completing the order, the buyer undertakes to pay for the order according to the selected payment method. If the order is not accepted, the order will be canceled and no payment will be required.
  3. The contract is considered concluded at the moment of delivery of the Goods to the Buyer.
  4. The Seller undertakes to deliver the Goods to the Buyer usually within 14 days from the date of receipt of the order, unless otherwise agreed.
  5. The Seller reserves the right to change the prices listed in the price list (at www.kiteboarding.cz) in the event of a change in its business policy, a change in currency rates, a significant increase in inflation or in the event of changes to the terms of supply of the Seller's business partners. The Seller undertakes to inform the Buyer in writing of the purchase price of the Goods, which is different from the purchase price listed on www.kiteboarding.cz at the time of the order, within five working days from the date of finalization of the proposal for conclusion of the Contract. If the Buyer does not agree with such a price, he is obliged to notify the Seller within five working days of receiving the Seller's notification and the Goods will not be sent.
  6. The invoice is also a tax document. The tax document is also a cash sale, the so-called receipt, issued when paying in cash by the Seller's cash desk. The purchase price of the Goods will be increased by the cost of transport and the price of delivery (according to the individual tariffs of the contractual carrier) (hereinafter referred to as the "Total price").
  7. The Buyer undertakes to pay the Seller the Total Price in advance to the Seller's bank account maintained in CZK, registration number 1002243609/5500, Raiffeisenbank a.s. or the bank acount maintained in EUR, IBAN: CZ1055000000001002243609 or cash on delivery upon receipt of goods. Ownership of the Goods is transferred to the Buyer only after full payment of the Total Price by the Buyer.
  8. The delivery period is extended proportionately to the circumstances, if the delay is caused by circumstances excluding the fault of the Seller, such as natural events, etc.
  9. The risk of damage to the Goods passes to the Buyer at the moment of its acceptance. The Buyer is obliged to inspect the delivered Goods immediately upon the transfer of the risk of damage to the Goods, and is obliged to mark any damage to the packaging or its contents, or any other inconsistency with the purchase contract, on the acceptance documents and immediately inform the Seller of this fact.
  10. The Buyer is obliged to check the material content of the shipment according to the attached tax document (invoice, receipt). If the contents of the shipment do not correspond to the invoice, the Buyer is obliged to reject the delivery as a whole. By signing the shipping note to the carrier, the Buyer confirms receipt of all products that are part of the delivery of the Goods.
  11. The driver of the contractual carrier is authorized to accept the cash on delivery and will confirm the acceptance of the money on the carrier's waybill. The tax document (invoice, receipt) is included in the shipment.
  12. The Seller provides a warranty for the Goods for a period of 24 months, which starts from the date of delivery of the Goods to the Buyer. The warranty does not apply to defects caused by the use of the goods for a purpose other than that intended. If the Goods are declared by the Seller as used, the Seller is not responsible for defects corresponding to the degree of use or wear and tear the Goods had when the Buyer took them over. In the case of such used Goods, the rights from liability for defects expire if they have not been claimed by the Buyer within 12 months from the date of acceptance of the Goods by the Buyer; this time will be indicated by the Seller in the document on the sale of the Goods. Buyer's warranty rights cannot be transferred to a third party.
  13. If the Buyer discovers defects in the goods during the warranty period, he is entitled to claim these defects. Complaints are made by notification without undue delay, but no later than the end of the warranty period, either personally to the Seller by writing a complaint or in writing to the Seller's address. The Buyer's complaint must contain the date of delivery of the Goods, the name of the Goods, the claimed quantity, a description of the defect, a proposal for 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 from the day of its receipt. The Seller undertakes to approach the complaint responsibly and with professional care. Complaints are governed by the Claims Regulations of the Seller - Claim Form.
  14. The Buyer has the right to withdraw from the Contract concluded via e-mail or on the basis of a telephone order within 14 days of taking over the Goods (contract withdrawal form), with the exception of the Contract for the supply of goods modified according to the Buyer's wishes, or the Contract for the supply of audio and video recordings and computer programs, if the Buyer has violated their original packaging and with the exception of the Contract, which is concluded when the Buyer personally collects the goods. If the Agreement was concluded outside the premises usual for the Seller's business, the Buyer may withdraw from the Agreement within 7 days of its conclusion. The Buyer undertakes to exercise his right to withdraw from the Contract in principle by written notice sent to the Seller's address indicated in the header of these General Terms and Conditions, delivered personally to the Seller or by online form. The Seller undertakes to take over the goods personally, or from the carrier only if no payment (cash on delivery, etc.) is required against the takeover. In the event of withdrawal from the Contract, the Buyer is obliged to return the Goods in their original, unused and undamaged condition and in their original packaging, including instructions for use and the original tax document, or other delivered documents (e.g. discount coupon, etc.). If the Buyer does not do so, the withdrawal from the contract is not valid and the Goods will be delivered to the Buyer personally or sent back to the Buyer at the Buyer's expense with a written statement of the reason for the invalidity of the withdrawal. After fulfilling all the conditions for exercising the Buyer's right to withdraw from the Contract, the Seller undertakes to transfer the purchase price of the Goods to the Buyer's account within 14 days from the date of withdrawal from the Contract, the number of which the Buyer undertakes to communicate in writing with an officially verified signature, or pay such price in cash to the Buyer in person or send it to the Buyer by postal order to the Buyer's address. If the Buyer has chosen a different method of delivery than the cheapest method offered by the Seller, the Seller will reimburse the Buyer for the cost of delivery of the Goods in the amount corresponding to the cheapest method of delivery of the Goods offered. If the Buyer withdraws from the Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer hands over the Goods to him or proves that he has sent the Goods to the Seller.
  15. According to the Sales Registration Act, the Seller is obliged to issue a receipt to the uyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.

 

III
PROTECTION OF PERSONAL DATA

  1. The Seller undertakes to handle the Buyer's personal data in such a way that they are not misused by a third party.
  2. The Buyer gives the Seller consent to the inclusion of his personal data in the Seller's database and their subsequent processing for the purposes of the Seller and cooperating entities, such as sending information about organized events, the offer of goods and other activities. This consent is granted for an indefinite period. The Buyer has the right to withdraw his consent in writing at any time. In such a case, the Seller undertakes to remove the Buyer's personal data from its database.

IV
FINAL PROVISIONS

  1. The Seller reserves the right to change the General Terms and Conditions in the event of a change in the relevant legal standards, as well as in the event of a change in its business policy. The Seller will announce this change and its effectiveness at least five working days in advance, by publishing it on the website www.kiteboarding1.eu
  2. .Other rights and obligations of both parties not contained in these General Terms and Conditions or in the Contract are governed by the legal order of the Czech Republic, in particular the relevant provisions of Act No. 40/1964 Coll., Civil Code, as amended.
  3. In the event that a consumer dispute arises between the Seller and the Buyer arising from the purchase contract or the contract for the provision of services, which cannot be resolved by mutual agreement, the Buyer may submit a proposal for an out-of-court settlement of such a dispute to the designated entity for the out-of-court resolution of consumer disputes, which is „Česká obchodní inspekce“ email: adr@coi.cz, www: adr.coi.cz.

Addendum to the General Terms and Conditions

Conditions of sale of used equipment in distance sales - e-shop

  1. Photo documentation + description of used equipment + price + "terms of sale of used equipment in distance selling - e-shop" are sent to the buyer via e-mail
  2. With the order confirmation of used equipment, the buyer agrees to the condition of the used equipment from the sent photo documentation + description and price in writing by e-mail or by phone. Confirmation of the order with the terms of sale of used equipment at a distance is also the acceptance of the package paid by transfer or cash on delivery by the buyer.
  3. The buyer is obliged to thoroughly check the shipment with used equipment without delay after taking it over, but no later than two days after taking it over, and to send a confirmation by e-mail to info@kiteboarding.cz that the real condition of the used goods is in the condition declared by the seller. In the event that the description differs from the actual condition, immediately after receiving the shipment, the buyer informs the seller of the discrepancy between the declared condition and the real condition of the used equipment by phone: 724 084825 or in writing to info@kiteboarding.cz and informs him of defects that were not declared by the seller in writing. In this case, no later than 2 working days after receiving the package, the buyer will completely package the rejected used goods and send them back to the correspondence address of the establishment: KITEBOARDING.CZ, Generála Sochora 1764/22, 708 00 Ostrava with the original invoice and a completed form for returning the goods, which is attached to the invoice. The goods will then be credited and the payment returned to the buyer's account, viz. Attached form for exchange before return with the invoice.
  4. In the event that the buyer does not accept these conditions of the seller for used equipment before the actual sale, it will not be possible for the buyer to do this through distance selling. The buyer will be able to pick up the goods and view them directly at the seller's branch.
  5. The warranty on used equipment, with the exception of defects already declared by the seller to the buyer at the time of sale, is governed by the Civil Code and is valid for 1 year from the date of purchase.

Date of announcement: 22/11/2021                                   Effective date: 1/12/2021