These terms and conditions and the purchase contract are concluded in the Czech language.
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as "terms and conditions") of the trading company Vasky trade s.r.o., with registered office at Lhota 279, 763 02 Zlín, identification number: 04779207, registered in the commercial register maintained by the Chamber of Commerce in Brno, section C, insert 91852 (hereinafter referred to as "the seller ") regulate the mutual rights and obligations of the contracting parties in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as "Civil Code") and Act No. 374/2022 Coll., on consumer protection arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the "purchase agreement") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on the website located at the internet address www.botas .cz (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").
1.2. If the purchase contract with the seller is concluded by a buyer who is not a consumer, that is, in accordance with § 419 of the Civil Code, by a person who, outside the scope of his business activity or outside the scope of the independent exercise of his profession, concludes a purchase contract with the seller (hereinafter referred to as the "consumer"), they do not apply to the purchase contract, the provisions of these terms and conditions, which are marked as such directly in the text of the terms and conditions, or the annexes that are part of the terms and conditions.
1.3. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.
2. USER ACCOUNT and REGISTRATION
2.1. When filling out the registration form, the buyer has the option to buy without registration, register or log in to an existing account.
2.2. Based on the buyer's registration on the website, the buyer can access its user interface. The buyer can order goods from his user interface (hereinafter referred to as "user account").
2.3. When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data given in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The buyer is not authorized to allow the use of the user account by third parties.
2.5. The seller can cancel the user account, especially if the buyer does not use his user account for more than 3 years, or if the buyer violates his obligations under the purchase contract (including the terms and conditions).
2.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE AGREEMENT3.1. All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provision of § 1732 paragraph 2 of the Civil Code does not apply.
3.2. The web interface of the store contains information about the goods, including the prices of the individual goods and the costs for returning the goods, if these goods cannot by their nature be returned by the usual postal route. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
3.3. The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:
3.4.1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping basket of the store's web interface),
3.4.2. method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3. information about the costs associated with the delivery of the goods (hereinafter referred to collectively as the "order").
3.4.4. the possibility of ordering with a user account or as a unique customer.
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also taking into account the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the "Pay" button. The data given in the order is considered correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user account or in the order (hereinafter "buyer's electronic address"). In the case of changing the sole or embossing your own initials, this change may not always appear in this type of message for technical reasons on the website.
3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).
3.7. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.
3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself, and these costs do not differ from the basic rate.
3.9. In the case of the purchase of goods on which changes have been made based on the buyer's requirements (especially material change - sole, stamping of initials), the consumer cannot withdraw from the contract for the supply of goods within 14 days from the date of receipt of the goods in accordance with the provisions of §1837 letter d) NOZ and in the given case no exchange is possible.
3.10. The seller is entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In such a case, the price of the goods will be returned to the buyer without undue delay after the withdrawal, and this without cash to the account specified by the buyer.
4. PRICE OF GOODS AND TERMS OF PAYMENT4.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
4.1.1. express checkout with Apple Pay or Google Pay;
4.1.2. payment using a payment gateway;
4.1.3. cash on delivery;
4.1.4. cash on delivery at partner stores.
4.2. The seller reserves the right not to allow the buyer to choose any method of payment for the price of the goods mentioned in paragraph 4.1.
4.3. The chosen method of payment will be specified by the buyer in the order. The chosen method of payment can be changed by the buyer only with the consent of the seller. The proposal to change the method of payment shall be made by the buyer in writing to the seller's address or to the seller's e-mail address.
4.4. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.5. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provision of Article 4.9 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
4.6. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 7 days from the conclusion of the purchase contract.
4.7. If the price is not paid by the buyer when due, the buyer who is a consumer is considered to have withdrawn from the purchase contract, unless he shows a contrary will.
4.8. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119, paragraph 1 of the Civil Code shall not apply.
4.10. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.11. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller issues a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax document – the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT BY THE CONSUMER5.1. In accordance with § 1829 paragraph 1 of the Civil Code, the buyer has the right to withdraw from the purchase contract within fourteen (14) days of taking over the goods, while in the event that the subject of the purchase contract is several types of goods or the delivery of several parts, this period from the date of acceptance of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. The buyer can send a withdrawal from the purchase contract to the seller's e-mail address info@botas.cz . To withdraw from the contract, the buyer can use the sample form for withdrawal from the contract, which is an integral part of the OP as Annex No. 1.
5.2. In accordance with the provisions of § 2165, the customer is entitled to exercise the right from a defect that occurs in the goods within 24 months of receipt (hereinafter referred to as the "Warranty Period"), with the exception of:
5.2.1. Goods sold at a lower price due to a defect for which the lower price was agreed;
5.2.2. If it follows from the nature of the Goods.
5.3. In case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within 14 days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
5.4. In the event of withdrawal from the contract in accordance with Article 5.2 of the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, by transfer to the bank account that the buyer fills in the "Notice of withdrawal from the contract" form . The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller. The Seller will return the purchase price and the amount related to the transport of the goods to the Buyer, but only up to the amount corresponding to the cheapest method of transport offered by the Seller.
5.5. The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods or other monetary claims against the buyer's claim for a refund of the purchase price.
5.6. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the discontinuing condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the goods to the seller together with gift given.
6. GIFT VOUCHERS6.1. Gift vouchers are sold in the following values: CZK 500, CZK 1,500, CZK 2,500, CZK 3,000, CZK 3,500, CZK 4,000.
6.2. The voucher is valid for one year from the date of purchase.
6.3. It is possible to use the voucher in full, it is not possible to use the voucher in parts.
6.4. Vouchers for our goods can be purchased directly in the store or on the store's website.
6.5. It is forbidden to intentionally damage or falsify the voucher. Voucher forgery is a crime.
6.6. The gift voucher contains the amount, the voucher code and the box for the recipient of the voucher.
6.7. To recognize the voucher, we recommend that you have proof of payment with you, preferably in the form of a receipt or receipt.
6.8. To redeem the voucher on the website, you must fill in the field in the Cart section, where you enter the unique voucher code.
6.9. To use the voucher in the store, you must present the gift voucher or the voucher code number.
7. CARRIAGE AND DELIVERY OF GOODS7.1. The seller allows the following methods of delivery of goods:
7.1.1. Balíkovna: collection in the Balíkovna network with fast clearance;
7.1.2. Post Office: collection at the Post Office drop-off points;
7.1.3. Česká pošta: by delivering a parcel to any address using the Česká pošta service – parcel to hand.
7.1.4. at selected Vaska partner stores.
7.2. The costs associated with the delivery of goods are listed on the website. The costs associated with the delivery of goods are valid for the period during which they are displayed on the website.
7.3. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
7.4. If the method of delivery by shipment is agreed upon, the seller fulfills his obligation to hand over the goods to the buyer by handing them over to the first carrier. However, if the buyer is a consumer, the seller fulfills his obligation to hand over the goods to him at the moment when the buyer takes physical possession of the goods.
7.5. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
7.6. In case of delivery of goods according to 7.1.4, the buyer is obliged to take over the goods within 10 working days from the day when the seller is informed that the goods are ready for acceptance; the seller will notify the buyer about this at the e-mail address specified by the buyer in the order. In the event that the website contains different acceptance conditions for delivery to a certain collection point, the acceptance conditions stated on the website or in the information provided to the buyer by the collection point operator shall apply.
7.7. The seller, carrier or operator of the collection point is entitled to demand the presentation of an identification card (citizen card or passport) before handing over the goods. Without presenting any of these documents, the seller, carrier or operator of the collection point may refuse to release the goods.
7.8. In the case of cash on delivery upon delivery of the goods, the seller is obliged to deliver the goods and allow the buyer to dispose of them within 15 days from the conclusion of the purchase contract at the latest, unless he specifies a different delivery period for individual goods. If the goods are marked as "in stock", the seller will send the goods no later than 5 days from the date of conclusion of the purchase contract.
7.9. In the case of non-cash payment, the seller is obliged to deliver the goods to the buyer no later than 15 days after the buyer's obligation to pay the price has been fulfilled, unless he specifies a different delivery deadline for individual goods. If the goods are marked as "in stock", the Seller will send the goods no later than 5 days from the date of fulfillment of the buyer's obligation to pay the price.
7.10. If the seller does not fulfill his obligation regarding the delivery of the goods in the time according to paragraph 7.8 or 7.9, the buyer will invite him to deliver within an additional period corresponding to the given circumstances. If the seller does not deliver the goods within this additional period, the buyer as a consumer is entitled to withdraw from the purchase contract.
7.11. The seller sends the goods documents, especially the tax document, to the buyer together with the goods.
7.12. The seller is not responsible in the case of bindingly agreed deadlines for delays in the delivery of goods due to force majeure and events that make deliveries considerably more difficult or impossible for the seller and for which the seller is not at fault. In particular, epidemics, mobilization, war, rebellion, strike, lockout, official regulations, or other unforeseeable obstacles are considered to be cases of force majeure, even if they occur with the seller's suppliers and their subcontractors. Such facts entitle the seller to postpone the delivery for the duration of the obstacle and the reasonable time necessary to ensure the delivery after the obstacle is removed. If the delivery of the goods becomes impossible or unfeasible for the seller as a result of the above-mentioned facts, the seller is entitled to withdraw from the purchase contract.
7.13. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
7.14. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
7.15. Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller.
8. PASSING OF RISK8.1. If the method of delivery of the goods is personal collection at the chosen collection point, the risk of damage to the goods passes to the buyer at the moment of taking over the goods, or at the moment when the buyer had the obligation to take over the goods and the seller allowed him to take them over, but the buyer did not take over the goods.
8.2. If shipping via a carrier is specified as the method of delivery of the goods, the risk passes to the buyer when the goods are handed over by the seller to the first carrier for transport to the buyer according to the purchase contract. However, if the buyer is a consumer, the risk passes to him at the moment when the consumer takes physical possession of the goods; this does not apply if the consumer entrusted the transport to a carrier that the seller did not offer.
8.3. Loss or damage to the goods that occurred after the risk has passed to the buyer does not release the buyer from the obligation to pay the price of the goods, unless the loss or damage was caused by an act or omission of the seller.
9. RIGHTS FROM DEFECTIVE PERFORMANCE9.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 374/2022 Coll., on consumer protection, as amended).
9.2. The rights and obligations of the contracting parties regarding rights from defective performance are regulated in the complaints procedure , which is an integral part and annex to these terms and conditions and which is available on the website.
10. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES10.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
10.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
10.3. Out-of-court handling of consumer complaints is ensured by the seller via the electronic address info@botas.cz . The seller will send information about handling the buyer's complaint to the buyer's email address.
10.4. Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs . The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
10.5. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 of May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution)
10.6. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 374/2022 Coll., as amended. The buyer is entitled to address his complaint to the above-mentioned supervisory or state supervision authorities.
11. COMMUNICATION11.1. If no other special method of communication is agreed between the parties, any communication based on the purchase contract will take place in accordance with this article of the terms and conditions. In addition to other methods of communication agreed between the parties, personal delivery, delivery by registered mail, courier service or electronic mail, to the addresses of the parties, which the parties notify each other in writing, are considered effective.
11.2. Mail notifications correctly addressed are deemed to have been delivered:
11.2.1. on the day of physical delivery of the notice, if the notice is sent by courier or postal service operator (with the exception of sending by registered mail) or delivered personally; or
11.2.2. on the day of delivery confirmed on the delivery note, if the notice is sent by registered post and if it is actually delivered; or
11.2.3. by the futile expiration of the period of 5 days from the filing of the notification at the relevant post office branch, if the notification sent by the postal service operator fails to be delivered or if acceptance of the notification is refused.
11.3. A message addressed via e-mail is deemed to have been delivered at the moment the message is sent via e-mail, unless the addressee of the message proves that the message did not reach his disposal.
12. LEGAL LIABILITY12.1. In the event of the buyer's delay in paying the price of the goods, the seller is entitled to demand the payment of a contractual penalty in the amount of 0.05% of the owed amount for each day of the delay, including the beginning. This provision does not apply if the buyer is a consumer.
12.2. Claiming or paying a contractual penalty does not affect the entitled party's right to compensation in full.
13. PROTECTION OF PERSONAL DATA13.1. Information on the processing and protection of the buyer's personal data is provided in the document "Principles of personal data processing", which is available on the website. For the avoidance of doubt, it is stated that the document " Personal Data Processing Policy " is not part of the purchase contract or these terms and conditions.
14. EUREKA VERIFIED BY CUSTOMERS14.1. We determine your satisfaction with the purchase through e-mail questionnaires as part of the Verified by customers program, in which our e-shop is involved. We send them to you every time you make a purchase from us, if in the sense of § 7 paragraph 3 of Act No. 480/2004 Coll. about some services of the information society, you do not refuse their sending. We process personal data for the purpose of sending questionnaires as part of the Verified by customers program on the basis of our legitimate interest, which consists in ascertaining your satisfaction with your purchase from us. For sending questionnaires, evaluating your feedback and analyzing our market position, we use a processor that is the operator of the Heureka.cz portal; for these purposes, we may pass on information about the purchased goods and your e-mail address. When sending e-mail questionnaires, your personal data is not passed on to any third party for its own purposes. You can object to the sending of e-mail questionnaires as part of the Customer Verified program at any time by opting out of further questionnaires using the link in the e-mail with the questionnaire. In case of your objection, we will not send you the questionnaire any further.
15. FINAL PROVISIONS15.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. At the same time, the application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. This does not affect the consumer's rights resulting from generally binding legal regulations of the law that applies to the given contractual relationship.
15.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
15.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible. The seller will make the purchase contract available to the buyer-consumer based on his written request.
15.4. The annex to the terms and conditions consists of a model form for withdrawing from the purchase contract and the complaint procedure.
a. Complaints Procedure
b. Form for withdrawing from the purchase contract
16.5. Contact details of the seller: delivery address Vasky trade sro, Lhota 279, 763 02 Zlín, e-mail address info@botas.cz, telephone +420 731 653 825.
In Zlín on 1 May 2024
