SHIPPING

FREE PERSONAL PICKUP

After arranging with us, pick up your goods at the Vlny Štvanice boathouse. Detailed information will be sent to your email after completing the order.

FREE COURIER DELIVERY OVER 2500 CZK

Shipping for orders over 2500 CZK is free. Fast and reliable courier service GLS across Europe.

WETSUITS AND SURFBOARDS

Due to the specific nature of these items, we handle their shipping individually. Maybe you want to try on a wetsuit or feel a board. Or perhaps it will be shipped directly from our warehouse in Germany. Write to us so we can find the best delivery method for you. Contact us at support.

GENERAL TERMS AND CONDITIONS

These general terms and conditions ("Conditions") of surficata.s.r.o, with its registered office at Surficata s.r.o., Dukelských hrdinů 971/22, 170 00 Prague - Holešovice, Czech Republic., ID No. 19939639, registered in the commercial register under file No. 19939639, email shop@surficata.om, phone number 604111002, ("We" or "Seller") regulate, in accordance with the provision 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 based on a purchase contract ("Contract") concluded through the E-shop at surficata.com website.

All information about the processing of Your personal data is contained in the Personal Data Processing Policies, which can be found here https://surficata.com/cs/policies/privacy-policy.

The provisions of these Conditions are an integral part of the Contract. The Contract and Conditions are drafted in the Czech language. We may unilaterally change or supplement the wording of the Conditions. This provision does not affect the rights and obligations that arose during the effectiveness of the previous wording of the Conditions.

As you know, we primarily communicate remotely. Therefore, for our Contract, it applies that remote communication means are used, which allow us to agree without the simultaneous physical presence of Us and You, and the Contract is thus concluded remotely in the E-shop environment, through the web interface of the website ("E-shop web interface").

If any part of the Conditions contradicts what we have jointly approved as part of the process of Your purchase in Our E-shop, this specific agreement takes precedence over the Conditions.

SOME DEFINITIONS
Price is the financial amount you will pay for the Goods;
Shipping Price is the financial amount you will pay for the delivery of the Goods, including the price for its packaging;
Total Price is the sum of the Price and the Shipping Price;
VAT is value-added tax according to applicable legal regulations;
Invoice is a tax document issued in accordance with the law on value-added tax for the Total Price;
Order is Your binding proposal to conclude a Contract for the purchase of Goods with Us;
User Account is an account set up based on the information provided by You, which allows storing entered data and keeping a history of ordered Goods and concluded Contracts;
You are the person shopping at Our E-shop, legally referred to as the buyer;
Goods are everything that you can buy at the E-shop.
General Provisions and Instructions
Purchasing Goods is only possible through the web interface of the E-shop.
When purchasing Goods, it is Your obligation to provide Us with all information correctly and truthfully. Therefore, we will consider the information you provided to Us in the Order to be correct and truthful.
On our E-shop, we also provide access to Goods evaluations made by other consumers. We ensure and control the authenticity of such reviews by linking the reviews to specific orders, so in the internal system, we see the connected order ID for each review, and thus we are able to verify and prove that the review comes from a real consumer.
CONCLUSION OF THE CONTRACT
A Contract with Us can be concluded in Czech, English, and German.
The Contract is concluded remotely through the E-shop, with the costs of using remote communication means being borne by You. However, these costs do not differ from the basic rate you pay for using these means (i.e., especially for internet access), so you do not have to expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree that we use remote communication means.
To be able to conclude a Contract, it is necessary that you create an Order on the E-shop. This proposal must contain the following information:
Information about the purchased Goods (on the E-shop, you mark the Goods you are interested in purchasing by clicking the "Add to Cart" button);
Information about the Price, Shipping Price, method of payment of the Total Price, and the requested method of delivery of the Goods; these pieces of information will be entered during the creation of the Order within the user interface of the E-shop, with information about the Price, Shipping Price, and Total Price being automatically stated based on the Goods you choose, the method of their delivery and payment;
Your identification and contact details necessary for us to deliver the Goods, especially your name, surname, delivery address, phone number, and email address.
During the creation of the Order, you can change and check the data until its completion. After checking through the "Order and Pay" button, you will complete the Order. However, before pressing the button, you must also confirm your acquaintance with and consent to these Conditions, otherwise, the Order cannot be completed. To confirm and consent, use the checkbox. After pressing the "Order with payment obligation" button, all filled-in information will be sent directly to Us.
We will confirm Your Order as soon as possible after it is delivered to Us by a message sent to Your email address stated in the Order. The confirmation will include a summary of the Order and these Conditions as an attachment to the email message. The wording of the Conditions effective on the date of the Order, i.e., the wording attached as an attachment to the confirming email message, forms an integral part of the Contract. By confirming the Order, a Contract is concluded between Us and You.
There may also be cases where we cannot confirm Your Order. These are mainly situations when the Goods are not available or cases when you order a larger number of Goods than what is allowed by Us. However, we will always provide you with information about the maximum number of Goods within the E-shop in advance, so it should not be surprising to you. If any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude a Contract in a modified form compared to the Order. In such a case, the Contract is concluded at the moment when you confirm Our offer.
If an obviously incorrect Price is stated on the E-shop or in the Order, we are not obliged to deliver the Goods to you at this Price, even if you have received confirmation of the Order, i.e., the Contract was concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in a modified form compared to the Order. A new Contract is concluded in such a case at the moment when you confirm Our offer. An obvious error in the Price is, for example, when the Price does not correspond to the usual price at other sellers or a digit is missing or extra

.
If a Contract is concluded, you are obliged to pay the Total Price.
If you have a User Account, you can make an Order through it. Even in such a case, however, you have an obligation to check the correctness, truthfulness, and completeness of the pre-filled data. However, the method of creating an Order is identical to that of a buyer without a User Account, with the advantage that it is not necessary to repeatedly fill in your identification data.
In some cases, we allow a discount for purchasing Goods. To provide a discount, you need to fill in the details of this discount in the designated field within the Order proposal. If you do so, the Goods will be provided with a discount.
User Account
Based on your registration within the E-shop, you can access your User Account.
When registering a User Account, it is your obligation to provide all entered data correctly and truthfully and update them in case of change.
Access to the User Account is secured by a username and password. Regarding these access data, it is your obligation to maintain confidentiality and not to provide these details to anyone. If they are misused, we bear no responsibility.
The User Account is personal, and therefore you are not authorized to allow its use by third parties.
We may cancel your User Account, especially if you do not use it for more than a year or if you violate your obligations under the Contract.
The User Account may not be available continuously, especially considering the necessary maintenance of hardware and software equipment.
PRICE AND PAYMENT CONDITIONS, RESERVATION OF OWNERSHIP RIGHTS
The Price is always stated within the E-shop, in the Order proposal, and of course, in the Contract. In case 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 applies, which will always be identical to the price in the Contract. The Shipping Price, including the conditions when shipping is free, is also stated in the Order proposal.
The Total Price is stated including VAT and all fees determined by law.
We will require payment of the Total Price from you after concluding the Contract and before handing over the Goods. You can make the payment of the Total Price in the following ways:
Bank transfer. We will send you information for making the payment as part of the Order confirmation. In case of payment by bank transfer, the Total Price is payable within 7 days
Online card. In this case, payment is made through the Shopify payments gateway, with payment being subject to the conditions of this payment gateway, which are available at: shopify.com. In case of payment by card online, the Total Price is payable immediately
Cash on delivery. In this case, payment is made against the delivery of the Goods. In case of payment by cash on delivery, the Total Price is payable upon receipt of the Goods.
Cash at personal pickup. Cash can be used to pay for the Goods in case of collection at Our facility. In case of payment in cash at personal pickup, the Total Price is payable upon receipt of the Goods.
The invoice will be issued in electronic form after the payment of the Total Price and sent to your email address.
Ownership rights to the Goods pass to you only after you pay the Total Price and take over the Goods. In case of payment by bank transfer, the Total Price is paid by crediting Our account, in other cases it is paid at the moment of payment.
DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO GOODS
The Goods will be delivered to you no later than within 30 days in the way of your choice, where you can choose from the following options:
Personal pickup at Our facility listed in the list of facilities;
Personal pickup at the Vlny Štvanice boathouse;
Delivery via GLS transportation companies;
The delivery time of the Goods always depends on its availability and 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 Conditions is only indicative and may differ from the actual delivery time. In the case of personal pickup at the facility, we will always inform you about the possibility of collecting the Goods via email.
After receiving the Goods from the carrier, it is your obligation to check the integrity of the Goods' packaging and immediately report any defects to the carrier and Us. If there is damage to the packaging that indicates unauthorized manipulation and entry into the shipment, you are not obliged to accept the Goods from the carrier.
If you fail to fulfill your obligation to accept the Goods, except for cases according to Art. 6.4 of the Conditions, it does not result in a breach of Our obligation to deliver the Goods to you. Also, the fact that you do not accept the Goods is not a withdrawal from the Contract between Us and you. However, in such a case, we have the right to withdraw from the Contract due to your significant breach of the Contract, or to store the Goods, for which we are entitled to compensation from you. If we decide to withdraw from the Contract, the withdrawal is effective on the day we deliver the withdrawal to you. Withdrawal from the Contract does not affect the claim for the Shipping Price, or the claim for compensation for damages if incurred.
If for reasons arising on your side, the Goods are delivered repeatedly or in a different way than agreed in the Contract, it is your obligation to reimburse Us for the costs associated with this repeated delivery. We will send you payment details for these costs to your email address stated in the Contract, payable within 14 days of the email delivery.
The risk of damage to the Goods passes to you at the moment you accept it. In case you do not accept the Goods, except for cases according to Art. 6.4 of the Conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to accept it, but due to reasons on your side, it did not happen. The transfer of the risk of damage to the Goods means that from this moment you bear all consequences associated with the loss, destruction, damage, or any depreciation of the Goods.
In case the Goods were not listed as in stock in the E-shop and the indicative availability time was stated, we will always inform you in case of:
extraordinary outage in the production of Goods, while we will always inform you of the new expected availability time or information that it will not be possible to deliver the Goods;
delay in delivering the Goods from Our supplier, while we will always inform you of the new expected delivery time.

Here's the translation into English:

**Rights from Defective Performance**
We guarantee that at the time of the transfer of the risk of damage to the Goods according to Article 6.7 of the Terms and Conditions, the Goods are without defects, in particular, that the Goods:
- correspond to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed characteristics;
- are suitable for the purpose for which you request them and with which we agree;
- are delivered with agreed accessories and instructions for use, including assembly or installation instructions;
- are suitable for the purpose for which goods of this type are normally used;
- in terms of quantity, quality, and other properties, including the lifespan, functionality, compatibility, and safety, correspond to the usual properties of goods of the same type that you can reasonably expect, taking into account public statements made by us or another person in the same contractual chain, especially in advertising or labeling;
- are delivered with accessories, including packaging, assembly instructions, and other instructions for use that you can reasonably expect; and
- correspond in quality or execution to the sample or model provided to you before the conclusion of the contract.

Rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of § 2099 to 2117 and § 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).

If the Goods have a defect, especially if one of the conditions according to Article 7.1 is not met, you can notify us of such a defect and claim rights from defective performance (i.e., claim the Goods) by sending an email or letter to our addresses stated in our identification details. You can also use a sample form provided by us, which constitutes Appendix No. 1 of the Terms and Conditions. In exercising the right from defective performance, it is necessary to choose how you want the defect to be resolved, and this choice cannot be changed subsequently without our consent. We will handle the claim in accordance with the right from defective performance claimed by you.

If the Goods have a defect, you have the following rights:
- to eliminate the defect by delivering new Goods without defects, or by delivering the missing part of the Goods; or
- to eliminate the defect by repairing the Goods,
unless the chosen method of eliminating the defect is impossible or disproportionately costly compared to the other method, which is assessed particularly in terms of the significance of the defect, the value the Goods would have without the defect, and whether the other method can eliminate the defect without significant difficulty for you.

We are entitled to refuse to eliminate the defect if it is impossible or disproportionately costly, especially in view of the significance of the defect and the value the Goods would have without the defect.

You also have the right to:
- a reasonable discount on the Price; or
- withdrawal from the Contract,
if:
- we refuse to eliminate the defect or do not eliminate it in accordance with legal regulations;
- the defect occurs repeatedly,
- the defect is a substantial breach of the Contract; or
- it is apparent from our statement or the circumstances that the defect will not be eliminated within a reasonable time or without significant difficulty for You.

The right to withdraw from the Contract does not apply if the defect in the Goods is insignificant.

If you caused the defect in the Goods yourself, you are not entitled to rights from defective performance.

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

When making a claim, we will issue a written confirmation stating:
- the date you made the claim;
- the content of the claim;
- the method of handling the claim you request;
- your contact details for the purpose of providing information on handling the claim.

If we do not agree on a longer period, within 30 days of receiving the claim, we will eliminate the defects and provide you with information on handling the claim at the contact details provided. If this period elapses in vain, you can withdraw from the Contract or demand a reasonable discount.

We will inform you about the handling of the claim by email and issue a confirmation of the date and method of handling the claim. If the claim is justified, you are entitled to reimbursement of reasonably incurred costs. You are required to prove these costs, e.g., with receipts or confirmations of the price for shipping. If the defect was eliminated by delivering new Goods, it is your duty to return the original Goods to us, but we will bear the costs of this return.

If you are an entrepreneur, it is your duty to report and point out the defect without undue delay after you could have discovered it, but no later than three days after receiving the Goods.

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

**Withdrawal from the Contract**
Withdrawal from the Contract, i.e., the termination of the contractual relationship between Us and You from its beginning, can occur for reasons and in ways stated in this article, or in other provisions of the Terms and Conditions where the possibility of withdrawal is expressly stated.

If you are a consumer, i.e., a person buying Goods outside the scope of your business activities, you have the right under §1829 of the Civil Code to withdraw from the Contract without giving a reason within 14 days from the date of conclusion of the Contract, or, if it involves the purchase of goods, then within fourteen days of their receipt. If we have concluded a Contract whose subject is several pieces of Goods or the delivery of several parts of Goods, this period starts to run from the day of delivery of the last piece or part of the Goods, and in the case of a Contract under which Goods are to be delivered regularly and repeatedly, from the day of the first delivery.

You can withdraw from the Contract in any provable way (especially by sending an email or letter to Our addresses stated in Our identification details). For withdrawal, you can also use a sample form provided by us, which constitutes Appendix No. 2 of the Terms and Conditions.

However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is the performance stated in § 1837 of the Civil Code.

The deadline for withdrawal according to Article 8.2 of the Terms and Conditions is considered met if you send us a notification that you are withdrawing from the Contract during its course.

In the event of withdrawal from the Contract according to Article 8.2 of the Terms and Conditions, you are obliged to send the Goods to us within 14 days of the withdrawal and bear the costs associated with returning the goods to us. Conversely, you are entitled to us returning the Price for shipping, but only to the extent corresponding to the cheapest offered method of delivery of the Goods that we offered for the delivery of the Goods. In the event of withdrawal for the reason that we breached the concluded Contract, we also bear the costs associated with returning the goods to us, again only up to the Price for shipping corresponding to the cheapest offered method of delivery of the Goods that we offered when delivering the Goods.

Here's the translation into English:

**Recipient: shop@Surficata.com**

**Claim Application**

Date of Contract Conclusion:

Name and Surname:

Address:

Email Address:

Goods being claimed:

Description of the defects of the Goods:

Proposed method for handling the claim:

I also request a confirmation of the claim application indicating when I exercised this right, the content of the claim, the method of claim resolution I am requesting, along with my contact details for providing information about the resolution of the claim.

Date:

Signature:

**Annex No. 2 - Form for Withdrawal from the Contract**

Recipient: shop@Surficata.com

I hereby declare that I withdraw from the Contract:

Date of Contract Conclusion:

Name and Surname:

Address:

Email Address:

Specification of the Goods covered by the Contract:

Method for the return of received funds, or specify the bank account number:

If the buyer is a consumer, they have the right, in case they ordered goods through the e-shop of surficata s.r.o. ("Company") or any other means of distance communication, except for the cases listed in § 1837 of Act No. 89/2012 Coll., Civil Code, as amended, to withdraw from the already concluded purchase contract within 14 days from the date of the contract conclusion, or, if it concerns the purchase of goods, then within fourteen days of their receipt. In the case of a contract whose subject is several pieces of goods or the delivery of several parts of goods, this period starts running from the day of delivery of the last piece or part of the goods, and in the case of a contract based on which the goods are to be delivered regularly and repeatedly, from the day of the first delivery.

This withdrawal is to be announced by the buyer to the Company in writing to the address of the Company's premises or electronically to the email specified on the sample form.

If the buyer, who is a consumer, withdraws from the purchase contract, they shall send or hand over the goods received from the Company without undue delay, no later than 14 days from the withdrawal from the purchase contract.

If the buyer, who is a consumer, withdraws from the purchase contract, the Company shall return to them without undue delay, no later than 14 days from the withdrawal from the purchase contract, all financial resources (purchase price of the delivered goods) including delivery costs that it received from them based on the purchase contract, in the same way. If the buyer chose a different, more expensive method of delivery than the cheapest one offered by the Company, the Company will refund the buyer only the costs corresponding to the cheapest offered method of delivery. The Company is not obliged to return the received funds to the buyer earlier than it receives the goods back or until the buyer proves that they have sent the goods back to the Company.

Date:

Signature:

[Enter the ID number of your Company]