Terms & conditions

I. Basic provisions

1. These Terms and Conditions are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll. Civil Code, as amended (hereinafter referred to as the “Civil Code”)

     Kitesport, s.r.o.

    ID: 283 79 713

    VAT No .: CZ 283 79 713

    registered office: S. K. Neumanna 986/15, Libeň, 182 00 Prague 8 registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 137417

    represented by: Ing. Petr Beneš, Managing Director

    E-mail: info@kitesport.cz

    phone: +420 775 563 740

    web: www.airush.cz

 

    (hereinafter referred to as “Seller”)

 

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and the natural person who concludes the Purchase Agreement outside its business as a consumer or in the course of its business (hereinafter referred to as the “Buyer”) through a web interface located on www.airush.cz, (hereinafter referred to as the "Internet Shop").

3. The provisions of the Terms and Conditions form an integral part of the purchase contract. Divergent provisions in the sales contract shall take precedence over the provisions of these terms and conditions.

 

II. Product information and prices

1. Information about the goods, including the prices of the individual goods and its main characteristics, is given for the individual goods in the online store catalog. The prices of the goods are inclusive of value added tax, all related fees and the cost of returning the goods, if such goods cannot by their nature be returned by the normal postal route. The prices of the goods remain valid for as long as they are displayed in the online store.

2. All presentations of goods placed in the catalog of the e-shop are of informative character and the Seller is not obliged to conclude a purchase contract regarding these goods.

3. Information on the cost of packaging and delivery of goods is published in the online shop. This applies only in cases where the goods are delivered within the territory of the Czech Republic.

 

III. Order and conclusion of the purchase contract

The Buyer orders goods in the following ways:

through his / her customer account if he / she has previously registered in the online store,

filling in the order form without registration.

2. When placing an order, the Buyer selects the goods, the number of items, the method of payment and delivery.

3. Upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the e-mail address entered by the Buyer upon ordering. This confirmation shall be deemed to have been concluded. Attached to the confirmation are the current business conditions of the Seller.

4. In the event that any of the requirements specified in the order cannot be met by the Seller, the Buyer will send to the e-mail address a modified offer, which is considered a new draft purchase agreement and the purchase agreement is in such a case its email address listed in these Terms and Conditions.

5. All orders received by the Seller are binding. The Buyer may cancel the order until the Seller receives the order receipt by telephone to the Seller's telephone number or e-mail address specified in these Terms and Conditions.

 

IV. Payment terms and delivery of goods

1. The price of goods and any costs associated with the delivery of goods according to the purchase contract may be paid by the Buyer in following ways:

via the ComGate payment gateway,

in cash for personal pick-up at a store or demonstration,

Cash on delivery when handing over the goods.

2. Pursuant to the Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received revenue with the tax administrator online.

3. Method of delivery:

mail,

personal pickup,

test before buy.

4. The choice of delivery method is made when ordering the goods.

5. In the case of delivery of goods on delivery, the date of dispatch of the goods is given for each type and brand. Goods are delivered only in the Czech Republic. The price of postage varies according to the total price of the order and is stated in the order. Goods are shipped only on business days and the deadline specified on the website applies to those days. For calculation the estimated time of delivery must be added to the date of dispatch (dispatch) of the consignment by the time of transport (about 3 days). In the event that some goods cannot be delivered within the set deadline, the Seller will inform the Buyer as soon as possible.

6. If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the Buyer is obliged to pay the costs of repeated delivery of the goods, respectively costs associated with other delivery methods.

7. When receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of goods and in case of any defects notify the carrier immediately. In the event of a violation of the packaging, which indicates unauthorized entry into the shipment, the Buyer need not take the shipment from the carrier.

8. The Seller shall issue to the Buyer a tax document - an invoice. The tax document is sent to the Buyer's e-mail address or it is enclosed with the delivered goods.

9. The Buyer acquires the title to the goods by paying the full purchase price for the goods, including delivery costs, but at the earliest by accepting the goods.

10. Liability for accidental destruction, damage or loss of goods shall pass to the Buyer at the moment when the Buyer was obliged to take over the goods, but did not do so contrary to the Purchase Agreement.

 

V. Data protection

The Supplier undertakes not to misuse the Customer Data entrusted to him and to disseminate it.

For more information on privacy, see - link to GDPR.

 

VI. Order cancellation by the Buyer

The Buyer has the right to cancel the order both by phone and by e-mail if the goods have not been dispatched. If the order is canceled later, the Seller is entitled to reimbursement of the costs associated with the dispatch of the goods. The same claim arises even if the Buyer does not take over the goods ordered properly.

 

VII. Order cancellation by the Seller

In the event that the goods ordered by the buyer in the Seller's online store ceases to produce or deliver to the Czech market, the order will be canceled and the buyer will be immediately informed.

 

VIII. Withdrawal from the contract according to the provisions of § 1829 et seq. of the Civil Code

1. The Buyer has the right to withdraw from the contract within 14 days of receipt of the goods. Withdrawal from the contract must be sent to the Seller within the period specified in the previous sentence by telephone to the seller's telephone number or e-mail address specified in these terms and conditions.

2. If the Buyer withdraws from the Contract, he shall send or hand over the goods received from him to the Seller without undue delay, no later than fourteen days from the withdrawal from the Contract.

3. If the Buyer withdraws from the Contract, the Seller shall return to him, without undue delay, no later than fourteen days after the withdrawal, all funds including delivery costs received by him under the Contract in the same manner, provided the goods are returned to the Seller's address in the original packaging with all labels from the manufacturer, together with a copy of proof of purchase in the Seller's online store with no signs of wear.

4. In the event that the Buyer purchases goods in the course of their business or business activities (identification number on the order), the right to withdraw from the contract does not arise. Civil law does not mention this possibility.

 

IX Goods replacement

If the wrong size of goods is selected, the Seller offers the exchange of goods for another size. The exchange can take place no later than 5 days after receiving the goods by the Buyer. The goods must not show any signs of wear and must be returned by registered parcel (not cash on delivery) in the original packaging with all the labels from the manufacturer together with a copy of the proof of purchase. The costs associated with the exchange (delivery) of the goods shall be borne in full by the Buyer.

 

X. Complaints and exchange of goods

1. The Buyer is obliged to claim the quantity defects immediately upon receipt of the goods from the Seller.

2. Quality defects must be claimed without delay after their discovery, however, at the latest within the meaning of Section 2165 of the Civil Code, within twenty-four months of receipt of the goods, eventually, if the Seller provides a warranty for the goods, then by the end of the warranty period.

3. In the event of a quality defect, the Buyer is entitled to a replacement of defective goods of his choice or to a discount from the price. Replacement of defective goods for faultless goods will be made by the Seller within 3 weeks of receipt of the claimed product by the Seller (the condition is the return of the goods in intact condition and in the original packaging undamaged). Claims must be lodged with the Seller by telephone to the telephone number or e-mail specified in these terms and conditions. For identification, the Buyer is obliged to provide the name, surname, type of goods and order number.

4. The Seller shall inform the Buyer in writing of the result of the claim.

5. The rights and obligations of the contracting parties in respect of rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. on Consumer Protection, as amended.

 

XI. Delivery

The Parties may transmit all correspondence to each other by electronic mail.

The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver the correspondence to the Buyer to the e-mail address specified in his customer account or order.

 

XII. Final Provisions

1. All agreements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic.

2. The purchase contract, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.

3. The Seller may change or supplement the wording of the Terms and Conditions. This provision is without prejudice to rights and obligations arising during the effective date of the previous version of the Terms and Conditions.

4. These Terms and Conditions come into effect on 01.02.2020