Terms and Conditions [EU]
TERMS AND CONDITIONS
Oru Kayak Inc. (“Oru Kayak”, “we”, “us”, “our/ours”) sells Oru Kayak outdoor products (“Products”) through its website eu.orukayak.com, including the respective local domains, as well as other controlled social media pages such as Facebook and Instagram (collectively the “Site”). Please read the following terms and conditions (“Terms”) carefully before purchasing any Product from the Site.
The Terms apply for every agreement between you as a customer (“Customer”, “you”, “your”, “yours”) and Oru Kayak for the purchase of our Products concluded through the Site (“Purchase Contract”), provided that you have agreed to be bound by these Terms within the purchase process on the Site.
These Terms are directed towards consumers, i.e. a natural person who purchases our Product/s solely or predominantly for his/her private purposes.
1. CONTRACT CONCLUSION; SAVING THESE TERMS
1.1 The presentation of our Products on the Site does not constitute a legally binding offer, but merely an invitation for you to order those Products.
1.2 By concluding the order process on our Site, you submit a binding offer for
purchasing your selected Products. The Purchase Contract between you and us will be formed when you receive our formal order confirmation by e-mail (“Order
Confirmation”) following Your order made through the Site (“Order”). We will
inform you in case we cannot accept your Order.
1.3 Prior to concluding your Order on the Site, we provide you with the option to
check your information and to correct any errors, as once your Order is submitted,
we will begin processing it immediately.
1.4 You can print out or save this version of the Terms using the corresponding
functions of your browser or download it as a “pdf” and save it on your device. You will also receive the contractual provisions together with information on the
Products and the withdrawal right instruction by e-mail upon your Order
Confirmation. We do not store the contractual provisions for you.
2. PRODUCT PRICES, PAYMENT
2.1 All prices stated on our Site are in EUR, Pounds, or CHF including VAT. The prices apply that are set out on the Site at the time of your Order.
2.2 If applicable, we will set out delivery charges separately during the order process before you submit your Order.
2.3 We accept the following payment methods: Credit card (VISA, MasterCard,
American Express, Discover), PayPal, Google Pay, Apple Pay, direct bank transfer,
iDEAL, Giropay, Sofortüberweisung, SEPA Direct Debit, EPS, Klarna, Bancontact,
Carte Bancaire Przelewy24 (P24), Multibanco, Trustly, Post Finance, Blik, Diners,
JCB Union Pay. Invoices are due and payable immediately.
3. NO PURCHASE FOR RESALE
This Site is intended for sale of products from Oru Kayak directly to consumers.
Purchase for resale is strictly prohibited. If Oru Kayak has sufficient factual
indications to prove that you are involved in purchases for resale it reserves the
right to take any action against you, including without limitation, restrict sales to
you, cancel your orders, and/or suspend or close your account. If you wish to
purchase Oru Kayak product for resale please contact Oru Kayak.
4. DELIVERY, RETENTION OF TITLE
4.1 Risk of loss of product shall pass to you upon delivery of the ordered Product from Oru Kayak to you. Delivery times vary depending on the product ordered and the delivery location.
4.2 The delivered Products shall remain our property until complete receipt of your payment and handover to you.
5.1 Your statutory warranty rights for defects in the Products shall remain unaffected; any claims for damages will be subject to the liability disclaimers set out in these Terms.
5.2 In addition to and without limiting your statutory warranty rights, we offer you a warranty under the conditions set out on our Site.
6. LIMITATION OF LIABILITY
6.1 Subject to the provisions in Section 6.2, our statutory liability for damages shall be limited as follows:
(i) we shall be liable only up to the amount of damages as typically foreseeable
at the time of entering into the Purchase Contract in respect of damages
caused by a slightly negligent breach of a material contractual obligation
(i.e. a contractual duty the fulfilment of which is essential for the proper
execution of the contract, the breach of which endangers the purpose of the
Purchase Contract and on the fulfilment of which you regularly rely);
(ii) we shall not be liable for damages caused by a slightly negligent breach of a
non-material contractual obligation.
6.2 The aforesaid limitation of liability shall not apply to any mandatory statutory
liability (in particular to liability under the German Product Liability Act), liability
for assuming a specific guarantee or liability for damages caused by wilful
misconduct or gross negligence, or any kind of wilfully or negligently caused
6.3 To the extent our liability is limited or excluded, the same shall apply in respect of any personal liability of our legal representative, employees and vicarious agents.
7. WITHDRAWAL RIGHT
As a consumer you have a right of withdrawal in accordance with the following provisions.
WITHDRAWAL RIGHT INSTRUCTION
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without
The withdrawal period will expire fourteen days from the date of conclusion of
In order to exercise your right of withdrawal, you must inform Oru Kayak,
Geyssendorfferweg 15, Unit DC2, 3088GJ, Rotterdam, Netherlands, Tel:[X], e-
mail: [insert Oru email] by means of a clear statement to Customer Service (via
email or our customer service line) of your decision to withdraw from this
contract. You may use the attached model withdrawal form, which is not
To meet the withdrawal deadline, it is sufficient for you to send your
communication concerning your exercise of the right of withdrawal before the
withdrawal period has expired.
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments
received from you, including the costs of delivery (with the exception of the
supplementary costs resulting from your choice of a type of delivery other than
the least expensive type of standard delivery offered by us) without undue delay
and in any event not later than 14 days from the day on which we are informed
about your decision to withdraw from this contract as long as we have not yet
shipped your product to you or received it back from you. We will carry out such
reimbursement using the same means of payment as you used for the initial
transaction, unless you have expressly agreed otherwise; in any event, you will
not incur any fees as a result of such reimbursement. We may refuse repayment
until we have received the product back or until you have provided proof that you
have returned the products, whichever is the earlier.
You must return or hand over the products to us without delay and in any case no
later than fourteen days from the day on which you notify us of the withdrawal of
this contract. The deadline is met if you send the products before the expiry of
the period of fourteen days.
You shall bear the costs of returning the products.
END OF WITHDRAWAL RIGHT INSTRUCTION
Model Withdrawal Form
(If you wish to cancel the agreement, please complete and return this form.)
To: Oru Kayak Geyssendorfferweg 15, Unit DC2, 3088GJ, Rotterdam,
Netherlands, E-mail address: email@example.com.
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of
the following products (*)/the provision of the following service (*)
Ordered on / received on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer:
(*) Delete as applicable
8. OUR RIGHTS TO RESCIND FROM THE PURCHASE CONTRACT
8.1 We shall be entitled to rescind from the Purchase Contract with you at any time by writing to you in text form if:
(i) you do not make any payment to us when it is due;
(ii) we have factual indications at hand to prove that you are a reseller;
(iii) within a reasonable time of asking for it, you fail to provide us with
information that is necessary for us to deliver the Products, for example, a
delivery address; or
8.2 We will refund any money you have paid in advance for the Products we have not delivered in case we rescind in accordance with this Section.
9. TERMS REGARDING THE USE OF THE SITE
9.1 The Site is not directed to persons under the age of 13. If you are under 13 years of age, please discontinue use of this Site.
9.2 You may use the Site without creating an account. By creating an account with Oru Kayak, you confirm that the information you have provided is true and not to be used for any ulterior motive or unlawful reason. You may not share your account information with, or allow access to your account by, any third-party. You will be responsible for all activity that occurs under your access credentials.
9.3 If it is determined by Oru Kayak that you have provided false or misleading
information or have violated these Terms, or other abuses have occurred, Oru
Kayak reserves the right to cancel your account without notice.
9.4 When using the Site you are prohibited from:
(i) attempting to interfere with, harm, reverse engineer, steal from, or gain
unauthorized access to the Site, user accounts, or the technology and
equipment supporting the Site; linking to the Site without permission;
(ii) using data mining, robots, or other data gathering devices on or through
(iii) posting incomplete, false, misleading or objectionable information or
(iv) disclosing personal information about another person;
(v) advertising or marketing non-Oru Kayak products on the Site;
(vi) using the Site in an illegal way or to commit an illegal act in relation to the
Site or that otherwise results in fines, penalties, or other liability to Oru Kayak
10. INTELLECTUAL PROPERTY
10.1 We grant you a limited non-exclusive license to use the Site for personal use only. All content on the Site, including any images, illustrations, graphics, design, icons, photographs, videos and written and other materials, including the compilation of this Site, is the property of Oru Kayak and protected under applicable copyright, trademark, and other intellectual property laws. Any copying, republication, or distribution of this Site and/or its content is prohibited unless done with prior written consent from Oru Kayak.
10.2 If you post content, including images, to the Site (specifically social media sites), you grant Oru Kayak unrestricted, nonexclusive, royalty-free, perpetual,
irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt,
publish, translate, distribute and display such material (including derivative
works) throughout the world in any media without providing attribution or
obtaining additional consent. Similarly, all suggestions, ideas, notes, concepts,
content, artwork, product reviews and other information you may from time to
time share with Oru Kayak shall be deemed to be Oru Kayak’s property. You
further agree that Oru Kayak and its affiliates are free to use any ideas, concepts,
or know-how that you share.
10.3 If you believe in good faith that materials posted on the Site infringe your
copyright, you may send Oru Kayak notification requesting that the material be
removed, or access to it blocked. The notice must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work(s) alleged to have been infringed;
- Identification of the specific material alleged to be infringing or the subject of infringing activity;
- Your name, address, telephone number, and e-mail address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
11. CHOICE OF LAW, VENUE
11.1 These Terms and the Purchase Contract will be governed and construed in
accordance with the laws of Germany with the exception of the United Nations
Convention on the International Sale of Goods (CISG).
11.2 As a consumer habitually residing in a EU Member State, you can choose to bring legal proceedings in respect of these Terms in the EU Member State in which you are domiciled or in another EU Member State, but if we bring legal
proceedings, we may only do so in the EU Member State in which you are domiciled. As a consumer, if you are habitually residing in the European Union,
you will benefit from any mandatory provisions of the law of the country in which
you are resident. Nothing in these Terms affects your rights as consumer to rely on
such mandatory provisions of local law.
12. NOTICES AND COMMUNICATIONS
Except as explicitly stated otherwise and depending on the statutory form
requirements of your notice, all notices you send to Oru Kayak shall be sent by
mail to Oru Kayak Attn: Legal, Geyssendorfferweg 15, Unit DC2, 3088GJ,
Rotterdam, Netherlands or by e-mail to firstname.lastname@example.org.
13. CONTACT DETAILS, CUSTOMER SUPPORT
Your views are very important to us as we strive to ensure that all our Customers
receive the best possible shopping experience. However, if you are unsatisfied with your experience then please contact us under
Our representatives are available Monday - Friday between  am and [6:30] pm
to, inter alia, understand which categories of personal data we process for which
purposes and your related data subject rights.
15. EU ONLINE DISPUTE RESOLUTION
In addition, in accordance with European law, you are informed that the European
Commission's online dispute review platform is also available, which is accessible on the following link: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are neither obliged nor willing to participate in online dispute resolution.