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GENERAL TERMS AND CONDITIONS KAYAK SHOP

These General Terms and Conditions ("Terms and Conditions") ofWater Element, s.r.o., with registered office at Veslařská 1351/26, 624 00 Brno, VAT no. 28345312, registered in the Commercial Register under file No. C 62707/KSBR Regional Court in Brno,e-mail:info@kayak-shop.eu, telephone number: +420 737 332 892, business address: Veslařská 1351/26, 624 00 Brno-Komín ("My" or "Seller") regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code, as amended ("Civil Code") the mutual rights and obligations of you, as buyers, and us, as sellers, arising in connection with or on the basis of the purchase contract ("Contract") concluded through the E-shop on the websitekayak-shop.eu.

All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here:Privacy Policy - Kayak shop

The provisions of these Terms and Conditions are an integral part of the Agreement. The Agreement and the Terms and Conditions are drawn up in the Czech language. We may unilaterally amend or supplement the Terms and Conditions. This provision does not affect any rights and obligations created during the effective period of the previous version of the Terms.

As you know, we primarily communicate remotely. Therefore, our Contract is also subject to the use of remote means of communication that allow us to agree with each other without the simultaneous physical presence of you and us, and the Contract is thus concluded remotely in the E-shop environment through the website interface ("web interface of the E-shop").

If any part of the Terms contradicts what We have mutually agreed as part of the process of Your purchase on Our E-Shop, that particular agreement will prevail over the Terms.

SOME DEFINITIONS

Priceis the amount of money you will pay for the Goods, the price is only valid for Goods purchased on the Shop. It is not valid for purchase in a brick and mortar store.;

The Shipping Charge is the amount of money you will pay for delivery of the Goods, including the cost of packing them;

Total Priceis the sum of the Price and the Shipping Price (you must select adequate shipping for the relevant Goods);

VAT is the value added tax according to current legislation;

Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;

Order means Your binding proposal to enter into a Contract for the purchase of Goods with Us;

User Account is an account set up on the basis of the details you provide, which allows you to store the details you have entered and to keep a history of the Goods you have ordered and the Contracts you have entered into;

You are the person shopping on Our E-shop, legally referred to as the buyer;

Goods means anything you may purchase on the E-Shop.

General provisions and instructions

Purchase of the Goods is only possible through the web interface of the E-shop.

When purchasing Goods, it is your responsibility to provide Us with all information correctly and truthfully. We will therefore consider the information You have provided to Us in the Order to be correct and truthful.

We also provide access to reviews of the Goods made by other consumers on our E-shop. We ensure and control the authenticity of such reviews by linking the reviews to specific orders, so we can see the linked order ID for each review in our internal system, and thus we are able to verify and prove that the review comes from a real consumer.

CONTRACT CONCLUSION

The contract with Us can only be concluded in the Czech language.

The contract is concluded remotely via the E-shop, with the costs of using remote means of communication being borne by you. However, these costs do not differ in any way from the basic rate you pay for the use of these means (i.e. in particular for Internet access), so you do not need to expect any additional costs charged by Us beyond the Total Price. By submitting an Order, You agree to Our use of remote communication facilities.

In order for us to conclude the Contract, you need to create an Order on the E-shop. This proposal must contain the following information:

Information about the Goods you are purchasing (on the E-shop you mark the Goods you are interested in purchasing with the "Add to Cart" button);

Information about the Price, the Shipping Charge, the method of payment of the Total Price and the desired method of delivery of the Goods; this information will be entered as part of the creation of the Order within the user interface of the E-shop, and the information about the Price, the Shipping Charge and the Total Price will be provided automatically on the basis of the Goods, their delivery and payment method selected by you;

Your identification and contact details used to enable us to deliver the Goods, in particular your name, surname, delivery address, telephone number and email address.

During the creation of the Order, you may change and check the data until its completion. After checking by pressing the "Order with payment obligation" button to complete the Order. Before pressing the button, however, you must confirm that you have read and agreed to these Terms and Conditions, otherwise you will not be able to complete the Order. The check box is used for confirmation and consent. After pressing the "Order with payment obligation" button, all completed information will be sent directly to Nám.

We will confirm your Order as soon as possible after it is delivered to Us by a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Terms and Conditions as an attachment to the email message. The Terms and Conditions as in effect on the date of the Order, i.e. as attached as an attachment to the confirmation email, shall form an integral part of the Agreement. Confirmation of the Order constitutes the conclusion of the Contract between Us and You.

There may be occasions when We are unable to confirm an Order to You. This includes situations where the Goods are unavailable or where you order more Goods than we are able to supply. However, information about the maximum number of Goods will always be provided to you in advance within the E-shop and should not be surprising to you. If there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in a modified form compared to the Order. In such a case, the Contract will be concluded at the time You confirm Our offer.

In the event that an obviously incorrect Price is quoted within the E-shop or in the Order, We are not obliged to deliver the Goods to You at that Price even if You have received confirmation of the Order and therefore the Contract has been concluded. In such a situation we will contact you immediately and send you an offer to enter into a new Contract in an amended form compared to the Order. In such a case, the new Contract is concluded at the moment You confirm Our offer. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other retailers or where a digit is missing or missing.

If the Contract is concluded, you are obliged to pay the Total Price.

If you have set up a User Account, you can place an Order through it. Even in this case, however, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User account, but the advantage is that it is not necessary to repeatedly fill in your identification data.

In some cases, we allow you to take advantage of a discount on the purchase of Goods. In order for the discount to be granted, you must fill in the details of the discount in the predetermined field within the Order proposal. If you do so, the Goods will be provided to you at a discount.

User account

Based on your registration within the E-shop, you can access your User Account.

When registering your User Account, it is your responsibility to provide correct and truthful information and to update it if it changes.

Access to the User Account is secured by a username and password. It is your responsibility to maintain confidentiality regarding this access and not to provide this information to anyone. In the event that they are misused, we will not be liable for this.

The user account is personal and you are therefore not entitled to allow third parties to use it.

We may cancel your User Account, in particular if you have not used it for more than 2 years or if you breach your obligations under the Agreement.

The User Account may not be available continuously, especially with regard to necessary maintenance of hardware and software.

PRICING AND PAYMENT TERMS, RELEASE OF PROPERTY RIGHTS

The price is always indicated within the E-shop, in the Order proposal and of course in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order Proposal, the Price stated in the Order Proposal will apply and will always be the same as the price in the Contract. Within the Order proposal, the Price for shipping is also indicated, or the conditions under which shipping is free of charge.

The total price is inclusive of VAT, including all statutory charges.

Payment of the Total Price will be required from You after the conclusion of the Contract and before delivery of the Goods. You may make payment of the Total Price in the following ways:

By bank transfer. We will send you the payment information within the Order confirmation. In case of payment by bank transfer, the total price is payable within 7 days.

By card online. In this case, payment is made via the SHOPTETPAY payment gateway, and payment is subject to the terms and conditions of this payment gateway, which are available at com.In case of online card payment, the total price is payable within 7 days.

Cash on delivery. In this case, payment will be made on delivery of the Goods against delivery of the Goods. In the case of payment on delivery, the Total Price is payable on receipt of the Goods.

Cash on delivery. Cash can be paid for the Goods in case of collection in Our premises. In the case of payment in cash on collection in person, the Total Price is payable on receipt of the Goods.

An invoice will be issued electronically after payment of the Total Price and will be sent to your e-mail address. The invoice will also be physically attached to the Goods and available in the User Account.

Title to the Goods will pass to you only after you have paid the Total Price and taken possession of the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting Our account, otherwise it is paid at the time of payment.

DELIVERY OF GOODS, TRANSFER OF DAMAGE TO THINGS

The goods will be delivered to you within 7 days by the method of your choice and you can choose from the following options:

Personal collection at Our establishment listed in the list of establishments;

Personal collection at the delivery points of the company Zásilkovna, GLS, DPD, WEDO;

Delivery via transport companies Czech Post, PPL CZ, DHL, GLS, Zásilkovna, WEDO, TOP Trans;

Goods can be delivered within the Czech Republic and EU countries, according to the selection in the eshop. For atypical products, such as paddles over 1.5m, fixed boats (kayaks, seakayaks, etc.), the shipping price may vary and can be changed by mutual agreement.

The delivery time of the Goods always depends on their availability and on the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time stated in these Terms is indicative only and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform you of the possibility of collecting the Goods by e-mail.

Upon receipt of the Goods from the carrier, it is your obligation to check the integrity of the packaging of the Goods and, in the event of any defects, to notify the carrier and us immediately. If there is any defect in the packaging which indicates tampering and entry into the shipment, it is not Your responsibility to accept the Goods from the Carrier.

In the event that You breach Your obligation to accept the Goods, except in accordance with clause 4 of the Conditions, this shall not result in a breach of Our obligation to deliver the Goods to You. At the same time, Your failure to accept the Goods shall not constitute a repudiation of the Contract between Us and You. In such a case, however, We shall have the right to withdraw from the Contract due to Your material breach of the Contract or to store the Goods, for which We shall be entitled to payment from You. If We decide to withdraw from the Contract, the withdrawal shall be effective on the date We deliver the withdrawal to You. Withdrawal from the Contract does not affect the right to payment of the Shipping Charge or the right to compensation for damages, if any.

If, for reasons attributable to You, the Goods are redelivered or delivered in a different manner than agreed in the Contract, it is Your responsibility to reimburse Us for the costs of such redelivery. Payment details for payment of these costs will be sent to Your email address set out in the Contract and are payable 14 days from receipt of the email.

Risk of damage to the Goods passes to you when you take delivery of them. If you do not take possession of the Goods, except in accordance with Article 4 of the Conditions, the risk of damage to the Goods shall pass to you at the time when you had the opportunity to take possession of the Goods but for reasons beyond your control did not take possession. The passing of the risk of damage to the Goods means that from that moment on you bear all consequences related to the loss, destruction, damage or any deterioration of the Goods.

In the event that the Goods have not been listed as in stock in the E-shop and an indicative period of availability has been given, we will always inform you in the event:

an extraordinary failure in the production of the Goods, and we will always provide you with a new expected period of availability or information that the Goods cannot be delivered;

a delay in delivery of the Goods from Our supplier and We will always tell You the new expected delivery time.

RIGHTS OF LIEN

We warrant that at the time the risk of damage to the Goods passes under Article 7 of the Conditions, the Goods are free from defects, in particular that the Goods:

corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;

it is fit for the purpose for which you require it and to which we agree;

is supplied with the agreed accessories and instructions for use, including instructions for assembly or installation;

is suitable for the purpose for which Goods of this type are normally used;

corresponds in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of Goods of the same kind that you can reasonably expect, even taking into account public statements made by us or any other person in the same contractual chain, in particular advertising or labelling;

is supplied with such accessories, including packaging, assembly instructions and other instructions for use, as you might reasonably expect; and

corresponds in quality or workmanship to the sample or sample provided to you prior to the conclusion of the contract.

The rights and obligations regarding the rights of defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

In the event that the Goods are defective, i.e. in particular if any of the conditions under Article 1 are not fulfilled, you may notify Us of such defect and exercise your rights under the defective performance (i.e. claim the Goods) by sending an e-mail or a letter to Our addresses listed in Our identification data, or in person at Veslařská 1351/26, 624 00 Brno-Komín. You may also use the sample form provided by Us for making a complaint, which is attached as Appendix 1 to the Terms and Conditions. In exercising the right of defective performance, you must choose how you want to resolve the defect, and you cannot subsequently change this choice without Our consent. We will settle the claim in accordance with the defective performance right you have exercised.

If the Goods are defective, you have the following rights:

to remedy the defect by supplying new Goods without the defect, or by supplying the missing part of the Goods; or

to remedy the defect by repairing the Goods,

unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other method, which will be assessed in particular with regard to the significance of the defect, the value the Goods would have without the defect and whether the defect can be removed by the other method without significant difficulty for you.

We shall be entitled to refuse to remedy the defect if it is impossible or unreasonably expensive to do so, having regard in particular to the significance of the defect and the value the Goods would have had without the defect.

You also have the right to:

a reasonable discount on the Price; or

withdrawal from the Contract,

if:

We refuse or fail to remedy the defect in accordance with the law;

the defect manifests itself repeatedly,

the defect is a material breach of the Contract; or

it is apparent from our statement or from the circumstances that the defect will not be remedied within a reasonable time or without substantial inconvenience to you.

There is no right of withdrawal if the defect in the Goods is insignificant.

If you have caused the defect in the Goods yourself, you do not have any rights under the defective performance.

A defect in the Goods is not wear and tear caused by normal use of the Goods or, in the case of used Goods, wear and tear corresponding to the extent of their previous use.

When you make a claim, we will issue you with a written confirmation stating:

the date on which you made the claim;

what the claim is about;

how you want the complaint handled;

Your contact details for the purpose of providing information about the handling of the complaint.

If we do not agree on a longer period of time, we will remedy the defects within 30 days of receipt of the complaint and provide you with information on the handling of the complaint to the contact details provided. If this period expires in vain, you may withdraw from the Contract or demand a reasonable discount.

We will inform you of the settlement of the claim by e-mail and issue you with a confirmation of the date and method of settlement of the claim. If the complaint is justified, you will be entitled to a refund of the costs reasonably incurred. You are obliged to prove these costs, e.g. by receipts or shipping receipts. In the event that the defect has been rectified by delivery of new Goods, it is Your responsibility to return the original Goods to Us, but the cost of such return shall be borne by Us.

In the event that you are a business, it is your responsibility to notify and complain about the defect without undue delay after you may have discovered it, but no later than three days after receipt of the Goods.

If you are a consumer, you have the right to exercise your rights under defective performance for a defect that occurs in consumer Goods within 24 months of receipt of the Goods.

withdrawal

Withdrawal from the Contract, i.e. the termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the ways specified in this Article or in other provisions of the Terms and Conditions in which the possibility of withdrawal is expressly mentioned.

If you are a consumer, i.e. a person purchasing the Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract, or if it is a purchase of goods, then within 14 days from its receipt. In the event that we have concluded a Contract which involves several pieces of Goods or the delivery of several parts of Goods, this period shall commence on the date of delivery of the last piece or part of the Goods, and in the event that we have concluded a Contract under which we will deliver the Goods to you regularly and repeatedly, it shall commence on the date of delivery of the first delivery.

You may withdraw from the Contract by any demonstrable means (in particular by sending an email or letter to Our address as set out in Our identification details). You may also use the sample form provided by Us for withdrawal, which is attached as Schedule 2 to the Terms and Conditions.

However, even as a consumer, you cannot withdraw from the Contract in cases where the subject matter of the Contract is the performance referred to in Section 1837 of the Civil Code.

The withdrawal period pursuant to Article 2 of the Terms and Conditions shall be deemed to have been observed if you send us a notice that you are withdrawing from the Contract during the withdrawal period.

In the event of withdrawal from the Contract pursuant to Article 2 of the Conditions, You are obliged to return the Goods to Us within 14 days of withdrawal and You shall bear the costs of returning the Goods to Us. You, on the other hand, shall be entitled to a refund of the Shipping Charge by Us, but only in the amount corresponding to the cheapest shipping method offered by Us for delivery of the Goods. In the event of cancellation on the grounds that We are in breach of the Contract, We shall also pay the costs of returning the Goods to Us, but again only up to the amount of the Shipping Charge corresponding to the cheapest delivery method offered by Us for delivery of the Goods.

In the event of withdrawal from the Contract, the Price will be refunded to You within 14 days of the effective date of withdrawal to the account from which it was credited or to the account selected by the withdrawal. However, the amount will not be refunded until We have received the Goods or You have proved to Us that they have been returned to Us. Please return the Goods to Us clean, including the original packaging where possible.

However, in the event of withdrawal from the Contract pursuant to Article 2 of the Terms and Conditions, You shall be liable to Us for any diminution in the value of the Goods resulting from handling the Goods in a manner other than that necessary for You to familiarise Yourself with the nature, features and functionality of the Goods, i.e. in the manner in which You would familiarise Yourself with the Goods in a bricks-and-mortar shop. In the event that we have not yet refunded the Price to you, we shall be entitled to set off the claim for costs against your claim for reimbursement of the Price.

We shall be entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (in particular, reasons on the part of third parties or reasons based on the nature of the Goods), even before the expiry of the period specified in Article 1 of the Conditions. We may also withdraw from the Contract if it is clear that you have deliberately provided incorrect information in the Order. If you are purchasing goods in the course of your business, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

Consumer Dispute Resolution

We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.

We handle consumer complaints via the electronic address info@kayak-shop.eu. We will send information about the handling of the complaint to the buyer's electronic address.

The Czech Trade Inspection Authority, with registered office at Štěpánská 796/44, 110 00 Prague 1, ID: 000 20 869, internet address:http://www.coi.cz. The online dispute resolution platform located athttp://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.

European Consumer Centre Czech Republic, with registered office at Štěpánská 796/44, 110 00 Prague 1, internet address:http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

Final provisions

If our legal relationship with you has an international element (e.g. we send goods outside the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your rights under the law are not affected by this agreement.

All written correspondence with you will be delivered by electronic mail. Our email address is listed next to Our identifying information. We will deliver correspondence to Your email address provided in the Agreement, in Your User Account or through which You have contacted Us.

The Agreement may only be amended by written agreement between us. However, we shall be entitled to amend these Terms and Conditions, but such amendment shall not affect Contracts already entered into, but only Contracts entered into after the effective date of such amendment. However, we will only inform you of the change if you have created a User Account (so that you have this information in case you order new Goods, but the change does not give rise to a right of termination as we do not have an existing Contract that can be terminated) or we are to supply you with Goods on a regular and recurring basis under the Contract. We will send you information about the change to your email address at least 14 days before the change takes effect. If we do not receive notice from you within 14 days of sending you the information about the change, the new terms and conditions will become part of our Contract and will apply to the next delivery of Goods following the effective date of the change. The notice period in the event that you give notice is 2 months.

In case of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, failures of subcontractors, etc.), we shall not be liable for damages caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, we and you shall have the right to withdraw from the Contract.

A sample claim form and a sample withdrawal form are attached to the Terms and Conditions.

The Contract, including the Terms and Conditions, is archived electronically with us but is not accessible to you. However, You will always receive these Terms and Conditions and the Order Confirmation with a summary of the Order by email and will therefore always have access to the Contract without Our involvement. We recommend that you always save the Order Confirmation and the Terms and Conditions.

These Terms and Conditions take effect 4. 2024

Annex 1 - Complaint Form

Addressee: Water Element, s.r.o.
Veslařská 1351/26, 624 00 Brno Czech Republic

Making a claim

Date of conclusion of the Contract:

Name and surname:

Address:

E-mail address:

Document number/invoice

Goods that are claimed:

Description of defects Goods:

Suggested method for handling the complaint:

At the same time, I request a confirmation of the claim stating when I exercised this right, what is the content of the claim, what method of claim settlement I require, together with my contact details for the purpose of providing information on claim settlement.

Date: Signature:

Annex No. 2 - Withdrawal Form

Addressee: Water Element, s.r.o.
Veslařská 1351/26, 624 00 Brno Czech Republic

I hereby declare that I withdraw from the Contract:

Date of conclusion of the Contract:

Name and surname:

Address:

E-mail address:

Document number/invoice

Specification of the Goods to which the Contract relates:

The method for reimbursement of the funds received, including, where applicable, the bank account number:

If the buyer is a consumer, he/she has the right to withdraw from the already concluded purchase contract within 14 days from the date of conclusion of the contract, or if it is a purchase of goods, then within 14 days from its receipt, in case he/she ordered the goods through the e-shop of Water Element, s.r.o. ("Company") or other means of distance communication, except for the cases referred to in § 1837 of Act No. 89/2012 Coll., the Civil Code, as amended. In the case of a contract involving several items of goods or the delivery of several parts of goods, this period shall not begin until the date of delivery of the last item or part of the goods and, in the case of a contract under which goods are to be delivered regularly and repeatedly, from the date of delivery of the first delivery.

The Buyer shall notify the Company of such cancellation in writing to the Company's business address or electronically to the e-mail address indicated on the specimen form.

If the buyer, who is a consumer, withdraws from the purchase contract, he/she shall send or hand over the goods received from the Company without undue delay, not later than 14 days from the withdrawal from the purchase contract.

If the consumer purchaser withdraws from the purchase contract, the Company shall reimburse the consumer, without undue delay and no later than 14 days after the withdrawal from the purchase contract, all monies (the purchase price of the goods delivered), including delivery costs, received from the consumer under the purchase contract in the same manner. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Company, the Company shall reimburse the Buyer for the cost of delivery only in the amount corresponding to the cheapest method of delivery offered. The Company shall not be obliged to return any monies received to the Buyer until the Buyer has received the goods back or the Buyer proves that he has dispatched the goods to the Company.

Date: Signature:

This document has been translated by Deepl. It may contain inaccuracies due to automatic machine translation. Only the document in the Czech language is valid.

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