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Footshop a.s. trade company
with registered office at Thámova 166/18, 186 00, Prague 8, Czech Republic
ID: 14027348
registered in the Commercial Register maintained at the Municipal Court in Prague, File No. 26841, Section B for the sale of goods through an online shop at the Internet address www.footshop.eu
Contact information of the Seller:
address U Tabulky 3020, Hala X, Praha, 193 00, Czech Republic
e-mail address [email protected]
telephone +44 2038071459.
These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of the Footshop a.s. trade company, with its registered office at Thámova 166/18, ID: 14027348, registered in the Commercial Register kept at the Municipal Court in Prague, Section 192700, File Number C (hereinafter referred to as the “Seller”), in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the Contracting Parties arising in connection or on the basis of a purchase contract (hereinafter referred to the “Purchase Contract”) concluded between the Seller and another individual (hereinafter referred to the “Buyer”) through the Seller’s online shop. The online shop is operated by the Seller on the Internet website www.footshop.eu/en/ (hereinafter referred to as the “Website”) through the web interface (hereinafter the “Web Interface Business”).
Pre-Contractual Notice for Purchaser-consumer
Introductory Provisions
User Account
Conclusion of the Purchase Contract
Price of Goods and Payment Conditions
Withdrawal from the Purchase Contract
Transport and Delivery of Goods
Rights from Defective Fulfillment
Other Rights and Obligations of the Contracting Parties
Declaration on Privacy Protection
Final Provisions
The cost of long-distance communication is no different than the base rate charged to the Buyer by their carrier/service provider; the Buyer is not forced to communicate with the Seller on lines charged to the Seller.
The Seller requires full payment of the purchase price before delivery of the goods. Payments are made either by bank transfer, cash on delivery, payment by credit card via the Internet, or other methods listed in the PAYMENT section located on the website HERE. When collecting in person at the premises, Buyers pay for the journey to and from the premises. When delivering through a postal service provider, delivery charges are governed by the rates listed in the DELIVERY section located on the website HERE.
For goods modified at the Buyer's request, a deposit of 30% of the final price of the goods is required; the contract for goods modified at the Buyer's request may not be withdrawn from without giving a reason within the time limit according to Article V.2.
The Seller does not conclude contracts subject to recurring performance or contracts for an indefinite period of time. Where it does facilitate such a contract, the shortest period for which the parties will be bound by the contract shall be communicated by the provider of the recurring performance, including the price or the method of determining it for one billing period, which shall always be one month, provided that this price is fixed, and details of taxes, charges, and costs for the delivery of the goods or services.
All prices of goods and services are listed in the web interface of the shop including value-added tax (VAT), prices for shipping are listed in the DELIVERY section located on the website HERE.
The Buyer has the right to withdraw from the concluded contract (unless stated otherwise) within thirty days which is effective when it concerns the following:
Purchase Contract, from the date of receipt of the goods;
Contract whose subject is several types of goods or the delivery of several parts from the date of the last delivery of the goods;
Contract, the subject of which is the regular recurring delivery of goods, from the date of receipt of the first delivery of goods, whereby the withdrawal must be sent to the Seller's delivery address or to the e-mail address: [email protected]. For withdrawal from the Purchase Contract, the Buyer can download the form HERE.
The Consumer cannot withdraw from the Contract in the following cases:
if the provision of services has been fulfilled with the Buyer’s prior consent before the expiry of the withdrawal period from the contract and the Seller has informed the Buyer before concluding the contract that he/she has no right to withdraw from the contract in such a case;
delivery of goods or services whose price depends on financial market fluctuations independent of the Seller's will and which may occur during the withdrawal period;
the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery;
the delivery of goods that have been customized to the Buyer's wishes or for the Buyer's person, to goods produced at the customer's request that are different from the standard clothing;
goods in closed packaging which the Buyer has removed from the packaging and cannot be returned for hygienic reasons;
delivering an audio or video recording or a computer program if its original packaging has been damaged;
delivery of newspapers, periodicals, or magazines;
transport, if the business provides these services within a specified time.
In the event of withdrawal from the contract, the Buyer shall bear the costs of returning the goods and, in the case of a contract concluded by means of distance communication, the costs of returning the goods if the goods cannot be returned by the usual postal route due to their nature. If the Buyer withdraws from the contract, he shall send or hand over the goods he has received to the Seller without undue delay and at the latest within 14 days of withdrawal. The Buyer is obliged to return the goods complete, i.e. including all supplied accessories, with complete documentation, undamaged, clean, including the original packaging, in the condition and value in which the goods were received. In the event that the goods are not returned in their original packaging and/or the original packaging is returned damaged, the Seller shall be entitled to payment for the unreturned and/or damaged original packaging. This reimbursement will be deducted by the Seller from the amount to be refunded to the Buyer due to his withdrawal from the Purchase Contract. The Buyer shall be liable to the Seller for any diminution in the value of the goods in question resulting from the handling of the goods in a manner different from that required by their nature and characteristics.
The Consumer has the right to try the goods in such a way that
that the goods (especially footwear) are tried on a clean and dry surface so that the goods are not contaminated in any way,
and at the same time comply with the basic hygienic requirements of such a test - for example, using a sock (in the case of footwear) or over underwear (in the case of clothing).
The contract is concluded principally in the English language, after the completion of the business case the Seller archives the data. The concluded contract is archived by the Seller for at least five years from the date of its conclusion, but no longer than for the period according to the relevant legal regulations, for the purpose of its successful execution and is not accessible to third parties not involved.
In the event of a complaint not being settled, the Buyer is entitled to complain to the supervisory or state oversight body, which is the Czech Trade Inspection Authority (CTIA). For details, Buyers can, for example, visit the website https://www.coi.cz/informace-o-adr. Buyers are also entitled to resolve the dispute online via the dedicated ODR platform available on the website https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. Mediators, independent mediators of communication between the parties to a conflict, are also involved in out-of-court dispute resolution. A list of these mediators is available at www.justice.cz, where you can search for consumer disputes. Mediators set their terms individually.
By submitting an order, the Buyer confirms that he/she has read these Terms and Conditions and the following documents and information listed in the individual sections of the website before concluding the purchase contract:
information listed in the PAYMENT section located on the website HERE,
information listed in the DELIVERY section located on the website HERE,
information listed in the RETURNS/CLAIMS section located on the website HERE,
document “Protection of personal data - Privacy Policy.“
The Terms and Conditions do not apply in cases where a person intending to buy the goods from the Seller is a legal entity or person who is acting within its business activities when ordering goods or in their independent pursuit of their profession.
The provisions derogating from the Terms and Conditions may be negotiated in the Purchase Contract. Derogation arrangements in the Purchase Contract prevail over the provisions of the Terms and Conditions.
The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the English language. The Terms and Conditions are binding for the Buyer and the Seller from the moment of conclusion of the Purchase Contract.
The Seller may unilaterally change or supplement the wording of the Terms and Conditions and their components in accordance with the law. This provision does not affect the rights and obligations arising for the Buyer before the date of entry into force of the new version of the Terms and Conditions or their components.
The Seller is entitled to deviate from the Terms and Conditions within the scope of its offer listed on the website.
Based on the Buyer's registration made on the web interface of the shop, the Buyer can access his/her user interface. From his user interface, the Buyer can order goods (hereinafter referred to as "User Account").
In case the web interface of the shop allows, the Buyer can also order goods without registration directly from the web interface of the shop.
During registration on the website and ordering the goods, the Buyer is obligated to provide correct and truthful data. The Buyer is obligated to update the data given in the User Account upon any change. The data provided by the Buyer in the User Account and when ordering the goods are considered to be correct by the Seller.
The data provided by the Buyer during registration are divided into mandatory fields and optional fields. The mandatory fields are necessary data for the conclusion and implementation of the Purchase Contract between the Seller and the Buyer. The optional fields can be voluntarily provided to the Seller by the Buyer and these voluntarily provided data may increase the Seller’s comfort during the contract’s fulfillment, or be used to personalize the Buyer for better targeting of business messages.
Access to the User Account is secured by a username and password. The Buyer is required to maintain confidentiality regarding the information necessary to access his/her user account.
The Buyer is not authorized to allow the use of the user account to third parties.
The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than 2 years, or if the Buyer violates his/her obligations under the Purchase Contract (including the Terms and Conditions) or if the Seller changes the technology so that it is incompatible with the previous system.
The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, the maintenance of the hardware and software equipment of third parties.
The Seller is not liable for the functionality of the User Account and reserves the right to change the functionality of the user account without prior notice.
The Seller is not responsible for any misuse of the User Account by third parties.
All presentations of the goods on the web interface of the shop are informative and the Seller is not obliged to conclude a Purchase Contract for these goods.
The web interface of the shop contains information about the goods, including the indication of the prices of the individual goods and the costs of returning the goods if these goods cannot be returned by their normal postal route. The prices of goods are specified including value-added tax and all related fees. The prices of goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not restrict the Seller’s ability to conclude a Purchase Contract for individually negotiated conditions.
The shop’s web interface includes information on the cost of packaging and delivering the goods.
To order goods, the Buyer fills in the order form on the web interface of the shop, in which he/she provides his/her identification data. The order form contains in particular information about:
The Buyer is entitled to check and change the data before placing the order.
The Order is sent by the Buyer to the Seller by clicking on the “Confirm the order” button. The data specified in the order are deemed correct by the Seller. The Seller will confirm immediately upon receipt of the order to the Buyer through e-mail, specifically to the Buyer’s e-mail address specified in the User Account or in the order (hereinafter referred to as the “Buyer’s email address”).
The Seller is always entitled to ask the Buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated costs for transport).
The contractual relationship between the Seller and the Buyer arises from the delivery of the confirmation of the order (acceptance), which is sent to the Buyer’s e-mail address via e-mail.
The Buyer consents to use remote means of communication when concluding the Purchase Contract. The costs incurred by the Buyer when using remote means of communication associated with the conclusion of the Purchase Contract (costs of Internet connection, costs of telephone call) are borne by the Buyer him/herself, which does not differ from the basic rate.
The Seller reserves the right to cancel an order for goods sold at less than 10% of the usual price or sold at a price lower than 1,2 € (the transport price is not considered to be the price of the goods).
The Seller reserves the right to cancel the order of goods for which multiple coupons other than one have been applied.
The price of the goods and any costs associated with the delivery of the goods according to the Purchase Contract may be paid by the Buyer to the Seller in the manner offered to him/her at the completion of the order. The price of the goods will always be payable by bank transfer, cash on delivery, or at least one of the other online payment methods, based on current availability.
Along with the purchase price, the Buyer is also required to pay the Seller the costs associated with the packaging and delivery of the goods at the agreed rate. Unless otherwise specified, it is further understood that the purchase price also includes the costs associated with the delivery of the goods.
The Seller does not require from the Buyer a deposit or other similar payment. This does not affect the provisions of Article IV.6. of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
In the case of payment with cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 5 business days of concluding the Purchase Contract.
In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
The Seller is entitled, especially in the event that the Buyer does not provide additional confirmation of the order (Article III.6.), to demand payment of the full purchase price before sending the goods to the Buyer.
Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
The Seller shall issue a tax document - an invoice to the Buyer in respect of payments made under the Purchase Contract. The Seller is a payer of value-added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in the electronic form to the Buyer's e-mail address.
According to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer, except when the purchase price is paid by a non-cash transfer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest.
The Buyer acknowledges that under applicable law, it is not possible to withdraw from, inter alia, a contract for the delivery of goods that have been modified according to the Buyer's wishes or for the Buyer's person, from a contract for the supply of perishable goods, as well as goods, from a contract for the supply of goods which have been irretrievably mixed with other goods after the delivery, from a contract for the supply of goods in sealed packaging which the Buyer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of a sound or visual recording or a computer program if the original packaging has been damaged.
If this is not the case referred to in Article V.1. or in any other case where the Purchase Contract cannot be withdrawn from, the Buyer has the right to withdraw from the Purchase Contract within thirty (30) days of receipt of the goods. In the event that the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. If the subject of the Purchase Contract is a regular repeated delivery of goods, this period shall run from the date of receipt of the first delivery of goods. The Seller shall grant the Buyer an extended period for withdrawal from the Purchase Contract.
Withdrawal from the Purchase Contract must be sent to the Seller in writing within the time limits specified in Article V.2. For withdrawal from the Purchase Contract, the Buyer may use the form available for download HERE. The Buyer may send the withdrawal from the Purchase Contract to the Seller's delivery address or to the Seller's e-mail address [email protected].
In the event of withdrawal from the Purchase Contract, the Purchase Contract is canceled from the outset. The goods must be returned to the Seller’s return address within fourteen (14) days from the date of sending the withdrawal to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned due to their nature by normal postal means.
The Buyer is obliged to return the goods complete, i.e. including all supplied accessories, with complete documentation, undamaged, clean, including the original packaging, in the condition and value in which the goods were received. In the event that the goods are not returned in their original packaging and/or the original packaging is returned damaged, the Seller shall be entitled to payment for the unreturned and/or damaged original packaging. This reimbursement will be deducted by the Seller from the amount to be refunded to the Buyer due to his withdrawal from the Purchase Contract.
The Buyer is liable to the Seller for the reduction in the value of the goods in question, which has arisen as a result of the handling of these goods in a manner different from that which is necessary with regard to their nature and characteristics.
If the Buyer withdraws from the Purchase Contract, the Seller shall return all funds to the Buyer without undue delay, including the cost of delivery of the goods, which the Seller has received from the Buyer on the basis of the Purchase Contract, in the same manner, but no later than fourteen days after the withdrawal from the Purchase Contract. The Seller shall only return the funds received to the Buyer by other means if the Buyer has agreed to this and if no further costs are incurred. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods to the Seller or proves that he has sent the goods to the Seller. If the Seller is entitled to compensation for diminution in value of the goods, this shall be set off against the Buyer's claim for reimbursement of the purchase price.
In cases where the Buyer has the right to withdraw from the Purchase Contract, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer takes over the goods. In the case of payment in advance, the Seller shall refund the purchase price paid or part thereof to the Buyer in the same manner as it was received. The Seller shall be entitled to apply the procedure under this Article in particular in the event of an obvious error in the price of the goods.
If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift contract with respect to such gift ceases to be effective and the Buyer is obliged to return the gift together with the goods to the Seller. If the return of the gift is not possible, the Seller is entitled to monetary compensation in the amount of the usual price of the gift.
The Seller reserves the right to cancel the order of goods for which multiple discount coupons have been applied instead of one, or if more than a 20% discount is applied to already discounted goods.
The Buyer may also purchase for the selected specific goods (order) a service consisting in the extension of the possibility to withdraw from the Purchase Contract (extension of thirty (30) days compared to the time limit specified in Article V.2), where after the purchase of this service the Buyer will be entitled to withdraw from the Purchase Contract within sixty (60) days of receipt of the goods.
The service is non-transferable. It can only be exercised once for any of the goods in the respective order, and only by the person of the Buyer.
The price of the service is listed on the Seller's website HERE. Payment of the price of this service is made in the same way as payment of the purchase price of the purchased goods to which this service relates.
The service can only be purchased at the same time as the purchase of the goods, the service cannot be purchased retrospectively.
Failure to use the service does not entitle the Buyer to a refund of the price paid for the service. Also, the use of withdrawal from the Purchase Contract by the Buyer for any other reason or within thirty (30) days of receipt of the goods does not entitle the Buyer to a refund of the price paid for this service.
Due to the nature of the service, by purchasing the service, the Buyer expressly requests and agrees that the Seller commences the performance of the service and that the service is performed. At the request of the Buyer, the provision of the service is already started at the moment of the conclusion of the Purchase Contract, when the Seller starts the processes necessary to ensure the Buyer's ability to use the service. The Buyer, therefore, acknowledges that he/she does not have the right to withdraw from the service contract consisting of the extension of the option to withdraw from the Purchase Contract.
The Buyer's and Seller's other rights and obligations under this service shall be governed by the provisions of Article V and applicable law relating to the option to withdraw from the Contract within fourteen (14) days of receipt of the Goods.
In case the transport method is agreed upon on the basis of the Buyer’s special request, the Buyer bears the risk and any additional costs associated with this method of transport.
If the Buyer does not take delivery of the goods, the Seller is further entitled to place the Buyer on its list of unreliable buyers (hereinafter referred to as the "blacklist"), whereby all persons on the Seller's blacklist are obliged to pay for the ordered goods prior to their shipment in the event of a further purchase. This list of unreliable buyers is maintained by the Seller, is for the Seller's internal use only, and is not published in any way.
In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods or the costs associated with a different method of delivery.
Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of the packaging indicating unauthorized intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
Further rights and obligations of the parties in the carriage of the goods may be regulated by the Seller's special delivery conditions if issued by the Seller. For shipping rates and other information, see: https://www.footshop.eu/en/delivery
The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations.
The Seller is responsible to the Buyer for non-defective goods. The Seller is mainly responsible to the Buyer for the following at the period the Buyer takes over the goods:
The provisions referred to in Article VII.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the level of use or wear and tear that the goods had when taken over by the Buyer, or if this results from the nature of the goods.
If a defect appears within six months of receipt, the goods shall be deemed to have been defective upon receipt. The Buyer is entitled to assert the right to claim for a defect that occurs in consumer goods within twenty-four months of receipt.
The rights from defective performance shall be asserted by the Buyer at the Seller at the address of the Seller's establishment where the acceptance of the claim is possible with regard to the range of goods sold, possibly also at the registered office or place of business.
Further rights and obligations of the parties related to the seller's liability for defects can be found here: https://www.footshop.eu/en/claims
The Buyer acquires the ownership of the goods by paying the full purchase price of the goods.
The Seller is not bound by any codes of conduct in relation to the Buyer.
Out-of-court settlements of consumer disputes arising from the Purchase Contract corresponds to Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: http://www.coi.cz.
The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., on Consumer Protection, as amended.
Any disputes between the Seller and the Buyer can also be resolved out of court. In such a case, the Buyer may contact an out-of-court dispute resolution body, such as the Czech Trade Inspection Authority. For details, Buyers can, for example, visit the website https://www.coi.cz/informace-o-adr. Buyers are also entitled to resolve the dispute online via the dedicated ODR platform available on the website https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. Mediators, independent mediators of communication between the parties to a conflict, are also involved in out-of-court dispute resolution. A list of these mediators is available at www.justice.cz, where you can search for consumer disputes. Mediators set their terms individually.
The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the competent trade office.
Supervision of personal data protection is carried out by the Office for Personal Data Protection.
The Buyer hereby assumes the risk of changing circumstances.
https://www.footshop.eu/en/consent/privacy-policy
The relationship established by the Purchase Contract is governed by Czech law even if it contains an international (foreign) element in the form of the person of the Buyer. This is without prejudice to the rights of the consumer under generally binding legislation.
If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
Relations and any disputes arising under the Purchase Contract shall be resolved exclusively under the law of the Czech Republic.
The contract is concluded in the English language. If a translation of the text of the contract is created for the Buyer's needs, the interpretation of the contract in the Czech language shall apply in the event of a dispute over the interpretation of the Terms and Conditions. The contract is stored in electronic form and the Seller does not allow access to it.
With regard to the protection and processing of the Buyer's personal data by the Seller, the following Privacy Policy available here: https://www.footshop.eu/en/consent/privacy-policy shall apply.
These Terms and Conditions, including their components, are valid and effective from 5 May 2022 and supersede the previous version of the Terms and Conditions, including its components, and are available at the Seller's registered office and premises or electronically at www.footshop.eu.
In Prague on 5 May 2022.
