General Terms and Conditions
for the sale of goods through the online store at www.kayak-shop.eu
Effective from: August 27, 2025 • Version: 1.1

ARTICLE 1 — INTRODUCTORY PROVISIONS AND DEFINITIONS

1.1 Seller: Water Element, s.r.o., with its registered office at Veslařská 1351/26, 624 00 Brno, ID No: 28345312, VAT ID: CZ28345312, registered in the Commercial Register maintained by the Regional Court in Brno, file no. C 62707.
Business premises / delivery address: Veslařská 1351/26, 624 00 Brno-Komín • E-mail: info@kayak-shop.eu • Tel.: +420 737 332 892

1.2 Scope and Legal Framework. These terms and conditions ("Terms") govern, in accordance with § 1751 para. 1 of the Civil Code (Act No. 89/2012 Coll.), the mutual rights and obligations between the Seller and the Buyer when concluding purchase contracts remotely in the e-shop www.kayak-shop.eu ("E-shop").

1.3 Definitions. "Buyer" is a person concluding a contract with the Seller; "Consumer" is a person acting outside the scope of their business; "Business Entity" is a person acting within the scope of their business (a person who provides their ID number during purchase is also considered a Business Entity). "Goods" are the products offered on the E-shop. "Price" is the price of the Goods including VAT and all taxes. "Shipping Cost" includes shipping and any packaging costs. "Total Price" = Price + Shipping Cost. "Contract" is a purchase contract concluded at a distance. "User Account" is the Buyer's account on the E-shop.

1.4 Language, Law, and Good Morals. The contract is concluded in the Czech language. Legal relations are governed by the law of the Czech Republic; for a Consumer with a habitual residence in another EU member state, their mandatory rights under the law of their state are not affected. The Seller acts honestly, in accordance with business customs and good morals.

1.5 Changes to the Terms. The Seller may change the Terms; the new version will apply to contracts concluded after its publication. The Buyer will receive the version effective on the date of the order by e-mail with the order confirmation.

1.6 Codes of Conduct. The Seller is not bound by any code of conduct.

ARTICLE 2 — INFORMATION PROVIDED BEFORE CONCLUDING THE CONTRACT

2.1 Basic Information. The main characteristics of the Goods, available shipping and payment options, and the final Total Price (including all taxes and fees) are always displayed in the shopping cart before submitting the order. The costs of distance communication do not differ from the Buyer's provider's standard rate. The contract is stored electronically and is not publicly accessible; its summary and these Terms are sent by e-mail.

2.2 Discounts and "Lowest Price". When announcing a discount, the Seller also states the lowest price at which the product was offered in the last 30 days before the discount; for a progressively increased discount, the lowest price before the first discount is stated.

2.3 Reviews. The Seller displays reviews of the Goods and ensures their authenticity by allowing reviews to be submitted only through a unique link sent to the customer's e-mail after order delivery; reviews are paired with an internal order ID. The Seller does not publish unverified reviews.

2.4 Price Personalization. Prices on the E-shop are not individualized by automated decision-making. If personalization were to occur, the Buyer would be clearly informed before concluding the Contract.

2.5 ADR (Alternative Dispute Resolution). The Czech Trade Inspection Authority (ČOI), Štěpánská 796/44, 110 00 Prague 1, www.coi.cz/adr, is competent for the out-of-court settlement of consumer disputes.

ARTICLE 3 — USER ACCOUNT

3.1 Registration is voluntary. The Buyer is obliged to provide true and current data and to protect their access credentials.

3.2 The Seller may cancel the account (e.g., after 2 years of inactivity or in case of a breach of the Contract).

3.3 Account availability may be limited due to maintenance.

ARTICLE 4 — ORDER AND CONCLUSION OF THE CONTRACT

4.1 The display of Goods on the E-shop is informative; § 1732 para. 2 of the Civil Code does not apply.

4.2 The proposal to conclude the Contract is the submitted order. Before submitting, the Buyer can check and change the data; the order is sent by clicking "Order with obligation to pay".

4.3 The Contract is concluded only by an e-mail in which the Seller explicitly accepts the order ("order confirmation").

4.4 Obvious Error in Price. In the case of an obvious error in the price, the Seller is not obliged to deliver the Goods at the incorrect price, even after order confirmation. An obvious error is, in particular: (a) an incorrect currency conversion; (b) an error in automated repricing; (c) a clearly disproportionate price not corresponding to the usual price level. The Seller will contact the Buyer without delay, explain the error, and submit a new offer with the correct price; in such a case, the Contract is concluded only upon acceptance of the new offer. If the incorrect price has already been paid, the Seller will refund it without delay.

ARTICLE 5 — PRICE, CURRENCY, PAYMENTS, INVOICING, AND RETENTION OF TITLE

5.1 Prices and Currencies. Prices are contractual, stated in CZK; for delivery within the EU, the E-shop may also display EUR. Prices include VAT unless stated otherwise.

5.2 Payments. Bank transfer, online card (payment gateway), cash on delivery (if available), cash on personal collection.

5.3 Payment Surcharges. The Seller does not charge a fee exceeding the actual costs of the chosen payment method.

5.4 Invoice. The tax document is sent electronically (the Buyer agrees to e-invoicing) and is also available in the User Account.

5.5 Retention of Title. The Goods remain the property of the Seller until the Total Price is fully paid and the Goods are accepted.

ARTICLE 6 — DELIVERY, ACCEPTANCE, AND RISK OF DAMAGE

6.1 Delivery methods and shipping costs are listed in the shopping cart; the Buyer chooses in the order.

6.2 Oversized Goods. For atypical and oversized Goods (e.g., rigid kayaks, paddles over 1.5 m), the final Shipping Cost is calculated based on dimensions, weight, and address and is always displayed in the cart before submitting the order.

6.3 Delivery Times. Unless stated otherwise, the Seller will deliver the Goods within 30 days of order confirmation; for bank transfer payments, the period starts from the crediting of the amount.

6.4 Inspection upon Acceptance (Guide). The Buyer is obliged to inspect the packaging upon receipt; visible damage should be reported to the carrier. Failure to create a damage report or to note "accepted with reservations" does not limit the Buyer's statutory rights from defects. The recommended procedure is described in Appendix No. 3 (Guide for Accepting a Kayak/Canoe).

6.5 Non-Acceptance. Unjustified non-acceptance gives the Seller the right to compensation for costs and the option to withdraw from the Contract.

6.6 Transfer of Risk. The risk of damage passes to the Buyer upon acceptance of the Goods.

ARTICLE 7 — RIGHTS FROM DEFECTIVE PERFORMANCE (COMPLAINTS)

7.1 The Seller is responsible that the Goods are free from defects upon receipt, have the agreed properties, are suitable for the usual purpose, correspond to the sample/model, and are delivered with accessories and instructions.

7.2 Consumer. A defect can be claimed within 24 months of receipt; if a defect appears within 1 year, it is presumed to have existed at the time of receipt (unless the nature of the item excludes this).

7.3 Filing a Complaint. A complaint can be filed at the business premises or by e-mail at info@kayak-shop.eu. The form in Appendix 1 can be used.

7.4 Choice of Remedy. The Consumer may request repair or delivery of a new item without defect (if the requested method is not impossible or disproportionate); if not fulfilled or if the defect recurs, they have the right to a discount or withdrawal. Withdrawal is not possible if the defect is insignificant.

7.5 Deadlines. The Seller will decide on the complaint without delay, in complex cases within 3 working days; it will be resolved no later than 30 days, unless otherwise agreed with the Buyer.

7.6 Costs. In the case of a justified complaint, the Buyer is entitled to reimbursement of reasonably incurred costs.

ARTICLE 8 — WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER (14 DAYS)

8.1 The Consumer may withdraw within 14 days of receiving the Goods; if the delivery consists of several parts, from the receipt of the last part.

8.2 Withdrawal can be made by any clear statement (letter/e-mail); the form in Appendix 2 can be used. The deadline is met if the notice is sent in time.

8.3 The Consumer will send/hand over the Goods without undue delay, no later than 14 days after withdrawal; the Consumer bears the costs. For reference: for oversized items, the return cost within the Czech Republic can be 800–3,500 CZK depending on dimensions and pickup location (we will provide the specific amount on request in advance).

8.4 The Seller will refund all payments received, including delivery costs (up to the amount of the cheapest offered delivery method), within 14 days of withdrawal, but not before receiving the Goods or proof of their dispatch.

8.5 The Consumer is liable for any diminished value of the Goods resulting from handling them in a manner other than what is necessary to establish their nature and properties; the Seller is entitled to set off a corresponding amount against the refunded price.

8.6 Exceptions (§ 1837 of the Civil Code). In particular, goods made to the Consumer's specifications; goods in a sealed package that are not suitable for return for hygiene reasons after opening; digital content not supplied on a tangible medium after performance has begun with the Consumer's consent, etc.

ARTICLE 9 — SPECIAL PROVISIONS FOR BUSINESS ENTITIES (ID NO.) AND VAT ID

9.1 Identification and Verification. The Business Entity Buyer is obliged to provide the correct ID/VAT ID and delivery details when ordering. For shipments with special tax regimes, the Seller may require additional documents (e.g., proof of transport, carrier's name, CMR, declaration of receipt).

9.2 Domestic (Czech Republic). Domestic delivery of Goods is normally invoiced with Czech VAT. The reverse charge mechanism will only be applied if stipulated by law; the Buyer will be informed in advance.

9.3 Intra-EU Delivery (B2B). If Goods are sent from the Czech Republic to another EU member state and the recipient is a person registered for VAT in another member state, the delivery may be exempt from VAT if all conditions are met: valid VAT ID (verifiable in VIES), actual transport to another state, and proof of transport. If the conditions are not met, the delivery will be taxed with Czech VAT; the Buyer is obliged to pay any VAT surcharge based on a corrective tax document.

9.4 Correction of Documents and Cooperation. If the provided VAT ID proves to be invalid/incorrect or if conditions affecting the tax rate or exemption change, the Buyer is obliged to cooperate in the correction and pay the difference (including any penalties) within 14 days of receiving the corrected document.

9.5 B2B Warranty and Complaint Regime. For a Business Entity Buyer, the provisions of § 2099 et seq. of the Civil Code apply; the Business Entity is obliged to inspect the Goods as soon as possible after receipt and to report defects without undue delay. The right to withdraw within 14 days without giving a reason does not apply to Business Entities.

ARTICLE 10 — DATA PROTECTION AND COMMERCIAL COMMUNICATIONS

10.1 The Seller is the controller. It primarily processes identification and contact data for the performance of the Contract, legal obligations (accounting/tax), and legitimate interests (protection of rights, fraud prevention).

10.2 Details are provided in the Privacy Policy document available on the E-shop.

10.3 The E-shop uses cookies; details can be found in the Cookie Policy.

10.4 Commercial communications about similar products may be sent by e-mail; unsubscribing is possible at any time. The point bonus for subscribing to the newsletter is conditional on voluntary consent; its withdrawal does not retroactively affect already credited points.

ARTICLE 11 — ALTERNATIVE DISPUTE RESOLUTION AND SUPERVISION

11.1 Consumer disputes can be resolved with the Czech Trade Inspection Authority (www.coi.cz/adr).

11.2 Supervision over consumer protection is carried out by the ČOI; over data protection by the ÚOOÚ.

ARTICLE 12 — FINAL PROVISIONS

12.1 Amendments to the Contract. The Contract can only be amended by agreement of the parties.

12.2 Force Majeure. A party is not liable for delay caused by circumstances excluding liability.

12.3 Severability. If any provision is invalid/ineffective, it will be replaced by a provision with the closest meaning; the rest remains unaffected.

12.4 Archiving. The Contract, including these Terms, is archived by the Seller in electronic form; the Buyer will receive their wording by e-mail.

ARTICLE 13 — KAYAK SHOP LOYALTY / BONUS PROGRAM (voluntary program)

Terms valid from February 24, 2025

13.1 Basis. The program is intended for registered customers and allows them to collect points for purchases and selected activities. Participation is voluntary and free of charge.

13.2 Earning Points (accrual currency = "points").
(a) Purchases:
– for every 100 CZK spent on goods (after discounts, excluding shipping), you get 8 points;
– for every 10 EUR spent on goods (after discounts, excluding shipping), you get 20 points.
– if the purchase is made without VAT under the reverse charge mechanism, points are calculated only from the price without VAT.
Points are credited only after the order is fully paid; for bank transfers, crediting may take several working days. Rounding is done down to the nearest whole point.
(b) Account Registration: a one-time bonus of 50 points after account activation.
(c) Newsletter Subscription: a one-time bonus of 50 points after giving consent (consent can be revoked at any time without affecting already credited points).
(d) Retroactive Crediting: if you register later, you can request points for a purchase made within the last 30 days by emailing info@kayak-shop.eu (please provide the order number).

13.3 Value and Redemption of Points.
(a) Credit (discount) on your next purchase: 2 points = 1 CZK (i.e., 1 point = 0.5 CZK) or 1 point = 0.02 EUR for orders in EUR. Points are intended solely for use on subsequent purchases and cannot be exchanged for cash. Redemption takes place in the 3rd step of the shopping cart after logging in.
(b) Gifts from the catalog: points can also be exchanged for gifts according to the current program offer.

13.4 Combination of Discounts and Restrictions.
(a) It is not possible to apply both point credit and a discount coupon or other promotional offer in a single order.
(b) When redeeming credits, other vouchers cannot be used, nor can they be combined with other benefits.
(c) The use of a combination of multiple benefits (e.g., credit + special discount + coupon) is possible only by individual agreement between the customer and the Seller; the decision is always at the Seller's discretion.

13.5 Validity, Management, and Balance.
(a) Points are valid for 365 days from the date they are credited; they expire afterward.
(b) The point balance is available in the My Account section.
(c) When goods are returned / an order is canceled, the corresponding points are deducted; if they have already been used, a negative balance may arise, which will be offset by future points or the refunded amount may be reduced to the extent permitted by law.

13.6 Legal Framework and Consumer Protection.
(a) Points have no monetary value and are not convertible to cash; they represent a contractual benefit according to these rules.
(b) The program is an internal discount mechanism of the Seller; it is not a payment service or electronic money.
(c) The Seller may modify or terminate the program; changes will be announced on the E-shop with reasonable advance notice. Changes will not affect credit that has already been duly applied; unused points are subject to the validity and expiration rules of this article.
(d) Detected misuse (e.g., duplicate accounts, fraudulent transactions) may lead to exclusion from the program and cancellation of unlawfully obtained points.

13.7 Tax and Accounting Notes. Redeemed point credit reduces the price of goods (tax base) at the time of redemption; points are not credited for shipping, amounts paid with credit/coupons, or amounts representing taxes and fees.

APPENDIX 1 — Sample Complaint Form

Addressee: Water Element, s.r.o., Veslařská 1351/26, 624 00 Brno • E-mail: info@kayak-shop.eu

Filing a Complaint

Name and Surname: …………………

Address: …………………

Phone / E-mail: …………………

Order / Invoice Number: …………………

Date of Purchase (Receipt): …………………

Complained Goods: …………………

Description of Defect: …………………

Requested Resolution (Repair / Exchange / Discount / Withdrawal): …………………

In ………………… on …………………

Buyer's Signature: …………………

APPENDIX 2 — Sample Withdrawal Form (Consumer only)

Addressee: Water Element, s.r.o., Veslařská 1351/26, 624 00 Brno • E-mail: info@kayak-shop.eu

Notice of Withdrawal from Purchase Contract

I hereby give notice that I withdraw from the purchase contract.

Name and Surname: …………………

Address: …………………

Phone / E-mail: …………………

Order / Invoice Number: …………………

Date of Order: ………………… • Date of Receipt: …………………

Specification of Returned Goods: …………………

Bank Account Number (IBAN) for Refund: …………………

In ………………… on …………………

Consumer's Signature: …………………

APPENDIX 3 — Guide for Accepting Your Kayak/Canoe (Informative)

This guide is a recommended procedure for a smooth acceptance and proper documentation of any potential damage. It does not limit your statutory rights from defective performance.

Important: Perform the initial inspection in the presence of the carrier. You have the right to a thorough inspection, even if the driver is in a hurry.

STEP 1 — Inspection Before Signing for Acceptance (Shipment Packaging)

• Inspect the packaging: scratches, tears in the foil/cardboard, dents on the bow/stern/sides, visible damage to the boat.
• For even the slightest damage, note "ACCEPTED WITH RESERVATIONS" on the delivery protocol and a brief description (e.g., "tear in foil at the bow").
• Take photos (detail + whole package + shipping label).

STEP 2 — Decision Based on the Shipment's Condition

Scenario A: No visible damage

• Sign for acceptance. After the driver leaves, carefully unpack and inspect the entire kayak (surface, cracks, deformations, accessories).
• Document any hidden damage and contact us ideally within 2-3 days (your statutory rights are not affected).

Scenario B: Visible damage

• Inform the carrier, fill out a Damage Report, and keep "ACCEPTED WITH RESERVATIONS" on the protocol.
• Take photos of the detail and the whole package; you can refuse the shipment if the damage is extensive.
• After the driver leaves, unpack and check for any hidden defects, take more photos, and contact us as soon as possible.