FOR TRADE IN THE CZE and abroad
COMPANY Kick The Waves s.r.o.
1 Scope, definition of terms
1.1. For all business cases between Kick The Waves s.r.o. Kick The Waves s.r.o. (hereinafter referred to as the seller) and another person (hereinafter referred to as the buyer) are governed by these Terms and Conditions and the Complaints Procedure of Kick The Waves s.r.o. (hereinafter referred to as OP). The buyer's conditions contradicting or deviating from these OP are recognized by the seller only if he agrees to their validity in writing.
1.2. These OPs apply even if the business case is not based on a written contract or order.
1.3. An integral part of these OPs is the Price List of products and accessories of Kick The Waves s.r.o. (hereinafter referred to as CN).
1.4. Seller's goods are goods (or products) produced by the seller.
1.5. The goods of other companies (third parties) are goods (or products) that are not manufactured or assembled by the seller, but are delivered by the seller for the purpose of its use or resale.
2 Ordering, delivery times
2.1. The order can be delivered in person, by phone, by mail or by e-mail.
2.2. The delivery period will be agreed within the order, but within 90-120 working days at the most. It starts running on the day the order is received at the headquarters of Kick The Waves s.r.o. in Sternberk and ends when production finished.
2.3. In the event of force majeure or other unforeseeable extraordinary circumstances not attributable to us, the delivery period, if this is an obstacle to the timely fulfillment of our obligations, will be extended to a reasonable extent. If the delivery delay lasts longer than 100 working days, the buyer is entitled to withdraw from the order or contract. If the delivery period is extended or if we are released from the obligation to deliver, the buyer cannot derive any claims for compensation from this. For the circumstances specified in this Article 2.3. the seller can only appeal if he has informed the buyer about them without delay.
3.1. Our prices apply ex-work Olomouc, without shipping packaging, which is billed separately.
3.2. Prices are determined by the price offer / price list, these BC&CP, the PRICE AGREEMENT or the PURCHASE CONTRACT.
3.2.1 Price list of products and accessories of Kick The Waves s.r.o.. Retail prices are listed in Price offer.
3.2.2 PRICE AGREEMENT.
Contractually establishes purchase rebates for individual categories of buyers. It is an integral part of these BC&CP. It becomes valid on the date of web order or by signing it, the buyer simultaneously confirms his agreement with these BC&CP. The categories of buyers are WB = wholesale buyer = buyer, mainly engaged in wholesale activity with the purchase of goods from the seller over 400 thousand. € without VAT per year and RC = retail customer = buyer, mainly engaged in retail activity with the purchase of goods from the seller up to 400 thousand. € without VAT per year.
3.2.3 PURCHASE AGREEMENT. If the buyer concludes a Purchase Agreement with the seller at least 8 weeks before the date of shipment and pays an advance payment of 80% of the total price of the ordered goods within 30 days after the Purchase Agreement.
4 Subscription limit
4.1. The seller and buyer, if the buyer purchases goods on invoice, are obliged to agree on the amount of the purchase limit. It is the volume of goods taken that have not yet been paid for, expressed including VAT. The amount of this limit is specified in the Price Agreement.
5 Invoicing, payment terms
5.1. Due date of invoices, late payment.
Invoices are due 0-14 days from the day they are issued, unless otherwise agreed. Late payment of invoices is a serious violation of these BC&CP and entitles the seller to invoice a contractual penalty in the agreed amount of 0.1% of the amount due for each day of delay and interest on late payment in the agreed amount of 0.1% for each day of delay. Any unpaid obligations of the buyer towards the seller, including unpaid penalty invoices, are a serious breach of all contractual relationships between the seller and the buyer. Until their settlement, the seller has the right to suspend the fulfillment of all his obligations towards the buyer, e.g. dispatch of goods deliveries. If the debtor - buyer makes a new order during this period, when he has not properly paid his obligations to the seller, it will not be accepted by the seller. All rights to damages in accordance with the Commercial Code remain unaffected by this.
5.2. Invoices will be sent to the buyer by post, email, or delivered in person.
6 Delivery of goods
6.1 The goods are dispatched from the factory in Sternberk. Shipping packaging and shipping fees are not included in the price of the goods and are the responsibility of the buyer if the returnable packaging is not returned.
6.2 The transport of the goods to the buyer can be ensured by the supplier with a transport service based on the agreement. If the conditions of the transporter allow it, the transport buyer will make the payment upon receipt of the goods. Otherwise, the shipping amount will be invoiced to the buyer.
6.3 Conditions for sending goods by transport service.
6.3.1 Goods ordered and confirmed on a working day by 11:00 a.m. will be delivered the following days to the destination(estimate delivery day will be discused by mail or phone). The order and the place of unloading must be confirmed by the employee of our company who processes the order.
6.3.2 Parameters of the transported package: Weight - up to 30 kg, length - up to 1.8 m, sum of circumference and length up to 3 m.
6.3.3 Complaints about shipments delivered by the carrier - see Complaints Procedure Article 7.7.
6.4 Passing of risk.
The risk of accidental destruction or accidental damage to the shipped goods passes to the buyer when the goods are handed over, but no later than when the goods leave the factory in Sternberk. If the buyer does not take over the goods at the factory in Sternberk and the agreement stipulates that the seller will ensure the transport to the place of delivery, the risk of accidental destruction or accidental damage passes to the buyer from the time of leaving the factory in Sternberk until the time of receipt of the goods by the buyer. For this purpose, with clear and sufficient labeling of the shipment for the buyer, a legible and indelible description of each shipping package with the name and address of the buyer is established. The exact designation and price of the goods will be indicated on the invoice.
7 Complaints Procedure
7.1 General Provisions.
7.1.1 This complaint regulation regulates the mutual rights and obligations of the contracting parties when carrying out warranty and post-warranty repairs.
7.1.2 The buyer undertakes to familiarize himself with these BC&CP, including the complaint procedure, before taking goods from the seller.
7.1.3 Complaints with the seller are always made by the buyer.
7.2 Warranty Period.
7.2.1 The warranty period of the seller's goods is:
24 months for the end customer and starts running on the day the end customer takes over the goods directly from the seller or subsequently from the buyer, but a maximum of 30 months from the day the goods are taken over by the buyer who has these goods for further distribution and is not the end customer at the same time.
7.2.2 The warranty period for the goods of other companies is determined by the terms and conditions of these companies and is stated in the commercial documentation of the given goods.
7.2.3 The warranty period is extended by the period during which the goods were under warranty repair.
7.3 Entitlement to claim warranty.
7.3.1 The buyer has the right to apply the warranty only for goods that show defects, are covered by the warranty and were purchased from the seller.
7.3.2 The goods are defective if the production, assembly or distribution procedures at the seller were not followed incorrectly and as a result it cannot fulfill its purpose,
for which it was made. E.g. misunderstanding of the assembly instructions, surface damage and abrasions caused by use, etc. cannot be considered as defects.
7.4 The right to claim the warranty expires.
7.4.1 If the warranty period has expired for the claimed goods.
7.4.2 Damage to goods during transport - must be resolved with the carrier - see Article 7.7.
7.4.3 By mechanical damage to the goods, performing unqualified intervention or changing parameters.
7.4.4 By using the goods in a way that does not correspond to the instructions for using the products - see Article 8.
7.4.5 Incorrect assembly, incorrect handling, incorrect service or care of the goods, including the cargo transported on the goods.
7.4.6 If the claimed goods are not complete.
7.4.7 Damage due to excessive load.
7.4.8 Damage caused by the elements.
7.4.9 If the buyer was notified of defects by the seller at the time of collection of the goods and thus collected the goods.
7.5 Method of making a complaint.
7.5.1 Goods must always be claimed where they were purchased. The seller will accept the claimed goods for the complaint procedure only from the buyer.
7.5.2 The buyer fills out the Complaint Protocol and immediately hands it over (sends) to the seller together with the claimed goods, including assembly instructions, which contain the date of manufacture and the worker's brand. A copy of the Complaint Log form is included in these OPs or is available at www.kickthewaves.com as a downloadable file.
7.5.3 If it is a defect that can be removed, the seller will repair or replace the defective part within the legal period, or of the entire product per piece without defects. It depends
at the seller's discretion. Exchange of parts or whole goods is subject to their physical condition in stock.
7.5.4 If it is a defect that cannot be removed so that the goods can be used properly, the seller will exchange the goods for other functionally identical or
better technical parameters or closes the claim by issuing a credit note for defective goods.
7.5.5 Claimed goods sent without prior agreement by the buyer at the seller's expense or to a location other than the seller's headquarters (e.g. ČD railway station),
will not be accepted but will be returned at the buyer's expense.
7.6 Prices for repairs and complaints procedures.
7.6.1 All rightfully claimed warranty repairs are borne by the seller, including the costs of transporting the claimed goods. However, the seller has the right to choose the most suitable type of transport.
7.6.2 In the event of an unauthorized claim, all associated costs shall be borne by the buyer according to the valid price offer.
7.6.3 Out of warranty repairs will be charged according to the valid price list.
7.7 Claims for damage to goods during transport.
7.7.1 The recipient of the shipment is obliged to inspect the shipment upon receipt and in case of obvious and noticeable damage, or in case of partial loss of the shipment, document the type, size and extent of damage (record everything in the CMR form when delivered by the carrier), immediately inform the seller - the sender - the company - Kick The Waves s.r.o., but no later than 48 hours from the day of delivery of the shipment, for the reason of making a claim at the carrier. It will not be possible, according to the carrier's Complaints Regulations, to take into account the later application of the complaint.
8 Instructions for using Kick The Waves s.r.o. products
8.1 Boats are manufactured using the vacuum method from epoxy resins with subsequent heat treatment.
8.2 Nevertheless, it is advisable to protect the surface of the boat from direct sunlight (especially in combination with the use of products in salt water). The sun can have a negative effect on the paint surface and cause premature aging and thus the surface layer may crack. In order to minimize damage to goods from sunlight, we use materials with a high UV factor during production.
8.3 Ships are not built for long-term exposure to salt water. The boat must always be washed with fresh water after every ride in salt water.
8.4 Individual types of ships are based on the composition of the material, which gives the ship more or less rigidity.
8.4.1 When choosing, choose the appropriate type according to the degree of difficulty of the rivers on which you want to use your boat.
8.4.2 Cheaper versions are designed for less difficult terrain, while the TOP version, on the other hand, is designed for high loads on the bottom and deck.
8.5 Our boats are intended only for sporting purposes - for downhill racing.
8.6 The sandwich construction of our ships guarantees their maximum rigidity, but not unbreakability
8.7 Defects in boats of all types and designs, caused by inappropriate use, cannot be grounds for a complaint.
9 Final Provisions
9.1 The place of performance for all obligations arising from these BC&CP is the plant of Kick The Waves s.r.o., Prumyslova 2, 785 01 Sternberk.
9.2 Legal relations between the seller and the buyer not regulated by these BC&CP are governed by the relevant provisions of the Commercial Code.
9.3 All disputes that could arise from this contract and in connection with it, excluding the jurisdiction of general courts, will be decided with finality in arbitration proceedings at the Arbitration Court of the Economic Chamber of the Czech Republic and the Agrarian Chamber of the Czech Republic according to its Rules by three arbitrators (or if there is an interest in a really fast course of proceedings - by one arbitrator appointed by the chairman of the Arbitration Court) established according to these Rules. The parties undertake to fulfill all obligations imposed on them in the arbitration award within the time limits specified therein.
9.4 The buyer becomes the owner of the goods only after full payment of the purchase price.
9.5 The buyer undertakes to spread the good name of the seller.
9.6 The buyer acknowledges that the data about his company are stored in the documentation and memory of the seller's computer technology and, where appropriate, on the publicly accessible internet home page of the seller. The seller undertakes that this data will be handled in accordance with the Personal Data Protection Act No. 101/2000 Coll.
9.7 These OPs come into force on the day they are signed.