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VIII.

JETSURF WARRANTY Terms & Conditions,

Rights from Defective Performance,

Complaints Handling Procedure

Procedures for defects in Goods and for claims relating to defects in Goods are described in the JETSURF WARRANTY Terms & Conditions, which constitute an annex to these GTC.
If the JETSURF WARRANTY Terms & Conditions do not regulate any rights related to defective performance, the following provisions of these GTC will apply and, in the case of a Consumer, the relevant provisions of Act No 89/2012, the Civil Code.
If a defective performance constitutes a material breach of contract, the Buyer has the right:
1. to have the defect removed through the supply of a new Good without defect or the supply of a missing Good;
2. to have the defect removed through repair of the Good;
3. to a reasonable discount on the purchase price; or
4. to withdraw from the contract.
The Buyer will inform the Seller of the right they have selected in the notice of the defect, or without undue delay after notification of the defect. The Buyer may not subsequently change such selected right without the Seller’s consent, unless the Buyer requests the repair of a defect which proves to be irreparable. If the Seller fails to remedy a defect within a reasonable period of time or notifies the Buyer that it will not remedy such defect, the Buyer may demand a reasonable reduction in the purchase price in lieu of remedy or may withdraw from the contract.
If the Buyer does not choose such right in a timely manner, they will have the rights as in the case of a non-material breach of contract (see paragraph 6).
If the defective performance is a non-material breach of contract, the Buyer is entitled to have the defect removed or a reasonable discount on the purchase price.
Until the Buyer exercises their right to a discount on the purchase price or to withdraw from the contract, the Seller may supply what is missing or remedy the legal defect. The Seller may remedy other defects at its option by repairing the Good or by supplying a new Good, while such choice may not cause unreasonable costs to the Buyer.
If the Seller fails or refuses to remedy a defect in a timely manner, the Buyer may request a reduction in the purchase price or may withdraw from the contract. The Buyer cannot change the choice made without the Seller’s consent.
The Buyer may not withdraw from a contract or request delivery of a new Good if the Good cannot be returned in the condition in which the Buyer received it. This does not apply if
1. there has been a change in its condition as a result of an inspection to ascertain a defect in a Good;
2. the Buyer used the Good before the defect was discovered;
3. the Buyer did not cause the impossibility of returning the Good in its unaltered condition by an act or omission; or
4. the Buyer sold, consumed or altered the Good in the course of normal use before the defect was discovered; if this happened only in part, the Buyer will return to the Seller what it can still return and will compensate the Seller to the extent to which the Buyer benefited from the use of the Good.
If the Buyer fails to provide notification of a defect in time, they will lose the right to withdraw from the contract.
Complaints will be handled by the Seller without undue delay, but no later than 30 days from the date of the complaint, unless otherwise agreed with the Buyer. The date of the complaint is the date on which the Seller received the defective Goods from the Buyer.
The Buyer is not entitled to the rights from defective performance if the Buyer knew about the defect before accepting the Goods, or the defect was caused by the Buyer or by a third party other than the Seller and through no fault of the Seller.

IX.

Withdrawal from a Distance Contract by a Consumer

A Consumer has the right to withdraw from a purchase contract for Goods concluded under these GTC in the event of a material breach of contractual obligations by the Seller, or if the law, these GTC or arrangements with the Seller differing from these GTC allow(s) it (as a right from defective performance).
In the event of withdrawal, the purchase contract is cancelled ex tunc. The Goods must be returned to the Seller within 14 business days after the withdrawal notice has been sent to the Seller. If a Consumer withdraws from a purchase contract, the Consumer will bear the costs of returning the Goods to the Seller. The Goods returned to the Seller must be complete and undamaged, except for ordinary wear and tear.
The withdrawal must be made in writing through a unilateral act addressed to the Seller. The use of e-mail is also considered to be written form if the parties have notified or will notify each other of their e-mail addresses.
If a Consumer withdraws from a contract, the Seller will return to the Consumer without undue delay but no later than 14 days after such withdrawal, the funds, including delivery costs, received from the Consumer under the contract, in the same manner in which it received them, if technically possible. The funds may be returned by other means only if the Consumer agrees and if they will not incur any additional costs. The Seller is not obliged to return the funds received to the Consumer until the Consumer has handed over (returned) the Goods to the Seller or proved that the Goods have been sent to the Seller.
Withdrawal from a contract is not possible if the Goods concerned cannot be returned for hygiene reasons. This applies to accessories specified in these GTC, such as clothing (in particular swimwear).
The Consumer acknowledges that if the Goods returned to the Seller are damaged in excess of normal wear and tear, the Seller will be entitled to compensation from the Consumer for the damage incurred. The Seller is entitled to unilaterally set off a claim for damage against a claim of the Consumer for a refund of the purchase price.

Withdrawal from a Contract by a Buyer that is not a Consumer

A Buyer that is not a Consumer does not have the right to withdraw from a contract without giving a reason within 14 days after the receipt of the Goods or later.
A Buyer that is not a Consumer may apply its right to withdraw from a contract only as a right from defective performance, if such defective performance constitutes a material breach of the contract.

XI.

Other Provisions

Unless otherwise agreed, all correspondence relating to a purchase contract must be delivered to the other party in writing by electronic mail, in person or by registered mail via a postal service provider.
The Seller is not liable for injury to persons or damage to property or the Goods caused by unprofessional handling of the Goods or their handling in contravention of their purpose, in contravention of the applicable manual, in contravention of the waiver (if these documents are intended for the specific Goods and any variant thereof), or caused by misuse of the Goods or negligence. The details are provided in the applicable waiver, which is signed by the Buyer upon acceptance of the Goods and which the Buyer was familiarised with before they submitted an enquiry for Goods on the Website. The waiver for each type of Goods constitutes an annex and an integral part of these GTC.
The Buyer hereby assumes the risk of change of circumstances.

XII.

Closing Provisions

According to the agreement of the Seller and the Buyer, the legal relations between them arising from a purchase contract in conjunction with these GTC will be governed by the law of the Czech Republic, provided that the parties expressly exclude the application of the Vienna Convention to their legal relations in accordance with Article 6 of the Vienna Convention (Act No 160/1991). If the agreement on the governing law is held to be invalid or ineffective, the Seller declares that its registered office is in the Czech Republic and, pursuant to Regulation (EC) No 593/2008, the legal relationship established by a purchase contract is governed by the law of the Czech Republic, in particular Act No 89/2012, the Civil Code. This is without prejudice to consumer rights under generally binding legislation.
The Seller is not bound by any codes of conduct in relation to the Buyer.
In the event of out-of-court dispute resolution, the entity that will handle the Buyer’s complaint is the Czech Trade Inspection Authority, ID No: 000 20 869, registered office Štěpánská 567/15, 120 00 Prague 2, established by Act No 64/1986, on the Czech Trade Inspection Authority, as amended, which can be contacted via the CTIA website: http://www.coi.cz. Disputes can also be resolved online via the dedicated ODR platform available at https://webgate.ec.europa.eu/odr/. The Seller recommends that the Buyer first contact the Seller to resolve the situation before initiating dispute resolution. The Buyer is also entitled to contact the local authority for resolving disputes between sellers and buyers/consumers to resolve a complaint.
These General Terms & Conditions may not be deviated from unless the parties give their mutual consent and agree on the new content. In the event that a deviation from these General Terms & Conditions arises unilaterally from one of the parties without the other party’s acceptance, the procedure will be in accordance with these GTC.
The Seller may change or amend these GTC always in compliance with the applicable laws of the Czech Republic. However, this will not affect the rights and obligations arising during the period of validity of the original version of these GTC. The Buyer’s rights and obligations will always be governed by the version of these GTC under which they arose.
If any provision of these GTC is or becomes invalid or ineffective, the invalid provision will be replaced with a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision will not affect the validity of the other provisions. Amendments and supplements to a purchase contract or the General Terms & Conditions will be made in writing.
The annexes to these GTC include:
1. WAIVER JETSURF PETROL (Annex 1)
2. WAIVER JETSURF ELECTRIC (Annex 2)
3. WAIVER JETSURF SKATEBOARD (Annex 3)
4. JETSURF WARRANTY (Annex 4)
5. Personal Data Processing (Annex 5)
These GTC come into force and effect on 12 September 2022.

Annex 1

WAIVER

JETSURF PETROL

(hereinafter the “JetSurf“ or the “Product”)

The manufacturer, importer and seller are not liable for damage caused by the use, maintenance or service of the Product performed in violation of this user manual. At the same time, the manufacturer, importer and seller are not liable for damage caused by the Product in the event of a breach of the commitments and obligations set out below.

I agree NOT to undertake any of the following actions and I understand that doing so will void and nullify the JetSurf WARRANTY.

I WILL NOT:

enter the water WITHOUT checking the board for integrity, scratches and holes in the hull, and will not use the JetSurf in the event of any of the damage mentioned above;
enter the water WITHOUT checking for water and corrosion in the motor compartment;
enter the water WITHOUT checking that balancing valve is dry;
enter the water WITHOUT checking that the motor cover is properly tightened;
enter the water WITHOUT 100% battery level;
enter the water WITHOUT reading the manual and if I, as the user, do not understand anything, I will contact an authorized JetSurf dealer;
enter the water WITHOUT checking that the JetSurf works according to my expectations and the description in the manual;
leave any dirt on the board after taking the board out of the water;
store the board WITHOUT cleaning the cooling system with fresh water;
store the board WITHOUT checking the balancing valve, and making sure the balancing valve is dry;
store the board WITHOUT checking the water level inside the motor compartment, and if there is water in the motor compartment, I will remove it according to the manual;
store the board WITHOUT checking the outlet screws and for water between the outside and inside of the float;
store the board in direct sunlight;
leave the battery unattended while charging;
leave the connector on the battery pack uncovered, and will always make sure to put the delivered cover on the battery pack connector;
transport the battery pack fully charged, and will discharge the battery to at least 30% before transportation;
use Safe Return mode for other purposes than safe return back to the shore.

Annex 2

WAIVER

JETSURF ELECTRIC

(hereinafter the “JetSurf” or the “Product”)

I agree NOT to undertake any of the following actions and I understand that doing so will void and nullify the JETSURF WARRANTY:

I WILL NOT:

transport the JetSurf with the battery connected;
store the JetSurf with the battery connected;
enter the water WITHOUT checking the board for integrity, scratches and holes in the hull, and will not use the JetSurf in the event of any of the damage mentioned above;
enter the water WITHOUT checking for water and corrosion in the motor compartment;
enter the water WITHOUT checking that balancing valve is dry;
enter the water WITHOUT checking that the motor cover is properly tightened;
enter the water with a battery charged to less than 100%;
enter the water WITHOUT reading the manual and if I, as the user, do not understand anything, I will contact an authorized JetSurf dealer;
enter the water WITHOUT checking that the JetSurf works according to my expectations and the description in the manual;
store the board without checking and, if necessary, drying out the battery compartment;
leave any dirt on the board and will immediately disconnect the battery from the board after taking the board out of the water;
leave the battery pack socket uncovered, and will always make sure to put the cover delivered with the board on the battery pack socket;
leave the connector on the battery pack uncovered, and will always make sure to put the delivered cover on the battery pack connector;
store the board WITHOUT purging the cooling system with fresh water;
leave the board WITHOUT checking the balancing valve, and will make sure that the balancing valve is dry;
leave the board WITHOUT checking the water level inside the motor compartment, and if there is water in the motor compartment I will contact an authorized JetSurf dealer;
store the board WITHOUT checking the outlet screws and for water between the outside and inside of the float;
leave the battery pack socket unclean, and will remove any dirt and lubricate the socket;
store the battery pack outside the Battery Pack Travel Bag in temperatures other than between 10°C and 30°C;
store the board in direct sunlight;
store the battery pack in an environment exposed to freezing temperatures;
end a riding session without putting the battery pack to the Battery Pack Travel Bag to avoid any mechanical damage;
use a battery pack that shows signs of mechanical damage (cracks, scratches, damaged connector pins etc.);
try to charge the battery pack immediately after a ride, and to ensure a longer battery lifetime, I will let the battery cool down before charging;
charge the battery in hot conditions or in direct sunlight;
charge the battery close to flammable objects, and will always make sure it is at least 2m away from such object;
leave the battery unattended while charging;
leave the connector on the battery pack uncovered, and will always make sure to put the delivered cover on the battery pack connector;
transport the battery pack fully charged, and will discharge the battery to at least 30% before transportation;
use Safe Return mode for other purposes than safe return back to the shore.

Annex 3

WAIVER

JETSURF SKATEBOARD

(hereinafter the “Skateboard” or the “Product”)

I agree NOT to undertake any of the following actions and I understand that doing so will void and nullify the JetSurf WARRANTY:

I WILL NOT:

start riding the Skateboard WITHOUT basic protective equipment, especially a helmet and knee and elbow pads;
start riding the Skateboard WITHOUT checking the integrity of the board, axles and wheels of the Skateboard, or start riding WITHOUT properly tightening the wheels and axles of the Skateboard, and in the event of any damage to the aforementioned or large clearances or insufficient tightening of key supporting parts, I will not use the Skateboard;
use the Skateboard in or on water, in rain or other adverse weather conditions, and if water could have entered into the Skateboard for any reason, I will contact an authorized Skateboard dealer;
start using the Skateboard WITHOUT reading the manual and if I, as a user, do not understand anything, I will contact an authorized Skateboard dealer;
start riding the Skateboard WITHOUT checking that the Skateboard works according to my expectations and the description in the manual;
leave the battery pack connector unclean;
store a Skateboard with integrated battery pack in temperatures other than between 10°C and 30°C;
store the Skateboard in direct sunlight;
store the Skateboard in environment exposed to freezing temperatures;
use a battery pack with mechanical damage (cracks, scratches, damaged connector pins, etc.);
try to charge the battery pack immediately after a ride, and will leave the battery to cool down before charging to ensure longer battery lifetime;
charge the battery in hot conditions and/or in direct sunlight;
charge the battery close to flammable objects, and will always make sure it is at least 2m away from such object;
leave the battery unattended while charging;
transport the battery pack fully charged, and will discharge the battery to at least 30% before transportation.

Annex 4

JETSURF WARRANTY

Section 1. WARRANTY PARAMETERS, SCOPE

The manufacturer provides the Customer with a warranty for 1 (one) year in those countries in which the manufacturer’s liability for product defects occurring after the sale of the product is not guaranteed by law (hereinafter the “JetSurf Warranty“).

The JetSurf Warranty is a quality warranty, through which the manufacturer declares that the product (hereinafter the “JetSurf”) will be fit for its usual purpose or that it will retain its usual features for the duration of the warranty. ‘Usual purpose’ and ‘usual features’ mean such purpose and such features declared by the manufacturer in the official presentations of its products. They do not include features declared for the product by third parties other than the manufacturer and features which cannot normally be expected from the product, such as emotions, feelings, impressions or other subjective perceptions of the product, regardless of whether they are declared by the manufacturer or by a third party other than the manufacturer.

The JetSurf Warranty is provided for construction materials and their processing during the production of the JetSurf or its motor. The warranty does not apply to the battery pack for JetSurf ELECTRIC, which is covered by a separate 6-month warranty from the battery manufacturer.

The JetSurf Warranty is provided for products that are properly maintained and properly cared for, used reasonably and in accordance with the instructions provided for in the manual and any other materials provided or issued by the manufacturer, and when maintenance and repairs (whether regular or enforced) are performed by the manufacturer or authorized resellers (dealers or other authorized parties) or authorized JetSurf service points. If this condition is breached, only defects covered by legal liability for defects under the laws of the respective countries and defects which can in no way be attributed to service or maintenance carried out by persons/entities other than those authorized for this purpose will be recognised.

The JetSurf Warranty is not provided for emissions and their intensity, and the manufacturer is only responsible for the quality, respectively emission rate on the day of the sale of the JetSurf to the customer. The JetSurf manufacturer provides a warranty for emission-related components, including those that could cause an increase in evaporative emissions, for 12 consecutive months from the date on which the JetSurf is first put into service.

The JetSurf Warranty grants rights, the exercise of which, to the extent not covered by these warranty conditions, may differ in different countries depending on different legal regulations.

The JetSurf Warranty begins when the Customer receives their JetSurf.

Section 2. EXERCISE OF THE WARRANTY AND CONDITIONS

If you discover a defect in your JetSurf that justifies the exercise of this warranty, please contact the authorized dealer from which you purchased your JetSurf without undue delay, but no later than 30 days from the date of discovery of the defect. Deliver your JetSurf to the authorized JetSurf dealer from which you purchased the JetSurf, but note that you are responsible for the costs of transporting the JetSurf to the place of purchase, unless the JetSurf was delivered to you in a different way and the transport costs were arranged otherwise.

The manufacturer will assess the alleged defect (complaint) within 90 days from the date of delivery of the JetSurf to it, and will notify you of the result either itself or through the authorized dealer from whom you purchased the JetSurf.

If the manufacturer finds that the complaint is justified, it will remove the defect primarily by repairing or replacing the defective part or component of the JetSurf. All warranty repairs performed by the manufacturer or authorized parties will be performed using new or re-built spare parts at the manufacturer’s sole discretion. The manufacturer or an authorized party may, at their discretion, repair a JetSurf with spare parts that have similar or higher performance characteristics and qualities if no other spare parts are available.

If the repair of the product is not possible, the manufacturer will provide you with a different JetSurf, or the authorized dealer from whom you purchased the JetSurf (or the manufacturer itself if you purchased it directly) will refund the purchase price, taking into account any excessive wear of the defective JetSurf. The choice between these ways of dealing with an irreparable defect is at the manufacturer’s discretion unless the legislation in the relevant country provides otherwise.

If the manufacturer concludes that the complaint is not justified, it will return your JetSurf to you, either itself or through the authorized dealer from which you purchased the JetSurf, while the costs of returning (transporting) the JetSurf to you will be borne by you.

If you are a natural person not engaged in business, and therefore a Consumer, the application of the warranty and its procedures are governed by specific legal regulations governing consumer rights relating to defects in goods.

Please note that authorized stores and service centres are operated by independent parties and are generally not owned by the manufacturer. Therefore, the manufacturer cannot affect the course of service work or its scheduling.

Section 3. WARRANTY EXCLUSIONS AND LIMITATIONS

The JetSurf Warranty does not apply to:
common components and materials necessary for maintenance required by the JetSurf Warranty;
normal wear and tear of any component, motor or motorized surfboard;
damage caused by defects in materials, components or parts supplied by other manufacturers;
damage or necessary modifications caused by items that are added, changed or altered after the JetSurf is no longer owned by the manufacturer, as well as any modifications, alterations, unauthorized repairs or replacements of components, the motor or the JetSurf after ownership transfers to the retailer;
damage caused by an accident (including impacts and collisions with any objects) due to negligence, mishandling, misuse or incorrect use or modification, including any damage caused during the transport of the JetSurf;
damage caused by heat, fire, explosion or freezing temperatures (including failure to perform the correct winterization method or preparations for storage);
damage resulting from vandalism;
damage caused by lightning, hail, rain, wind, sand, flood or other environmental and natural conditions or natural disasters;
damage caused by cleaning agents not expressly approved by the manufacturer;
damage caused by insufficient or incorrect maintenance;
damage resulting from leakage or spillage of fluid, including, but not limited to, fuel and powertrain fluids;
damage and defects resulting from the use of the JetSurf for purposes other than recreational;
damage or injury resulting from non-compliance with the manufacturer’s recommendation, request or communication regarding the need to repair the JetSurf or replace any part or component of the JetSurf;
failure to properly maintain and care for the JetSurf and its components in accordance with the instructions in the manual.

No party, including resellers, distributors, dealers and other JetSurf suppliers, may provide or guarantee a warranty other than as contained in these conditions, or increase or change the scope of this JetSurf Warranty in any manner whatsoever.

Section 4. LOCAL WARRANTY SPECIFICATIONS

In the event of a conflict between these warranty conditions and local legislation that does not allow an agreement between the parties or other contractual freedom of the manufacturer in relation to the provision of a warranty and the handling of complaints, the local legislation will prevail. Every authorized JetSurf dealer is entitled to provide you with information on local warranty specifications if such information is available.

Section 5. DISPUTES

All disputes arising in relation to rights from the JetSurf Warranty should be settled out of court as a matter of priority. Contact us and let us know what you are not satisfied with in regard to the warranty solution. If you are not satisfied with our response, contact your local commercial or other arbitration or conciliation body for the resolution of warranty disputes between the manufacturer and consumers or other end customers. If you are an entrepreneur and there is no arbitration service for resolving a dispute in the state where you purchased your JetSurf, please try to resolve any warranty disputes with an authorized dealer first by amicable means, then contact us directly in the same spirit.

Please keep in mind that your satisfaction is our priority. Therefore, do not hesitate to contact your authorized dealer, but if you remain unsatisfied please contact us directly to verify the procedure taken by the authorized dealer in accordance with these warranty conditions.

Section 6. CONTACT DETAILS

For an overview of authorized dealers and authorized service centres, as well as for any additional information:

www.jetsurf.com

Call: +420 774 60 27 01

Monday to Friday: 8:00 – 18:00 CET

Mailing address:

MSR Engines s.r.o.

Company ID number: 26968215

Registered office: Krásného 3857/7, 636 00 Brno, Czech Republic

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Section 2. EXERCISE OF THE WARRANTY AND CONDITIONS

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