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 the "Terms and Conditions") of the company Vasky trade sro, with its registered office at Lhota 279, 763 02 Zlín, identification number: 04779207, entered in the Commercial Register kept by the Commercial Court in Brno, Section C, Insert 91852 (hereinafter referred to as the "Seller") are regulated 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") and Act No. 374/2022 Coll., on Consumer Protection, the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") 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 a website located at the internet address www.botasauthentic.com (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "web interface of the store").

1.2. If the purchase contract with the seller is concluded by a buyer who is not a consumer, i.e. in accordance with Section 419 of the Civil Code, by a person who concludes a purchase contract with the seller outside the scope of his business activity or outside the scope of the independent performance of his profession (hereinafter referred to as the "consumer"), 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, shall not apply to the purchase contract.

1.3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. 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 Czech language. The purchase contract can be concluded in the Czech language.

1.5. The Seller may amend or supplement the text of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity 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 purchase 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 his/her user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as the "User Account").

2.3. When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods is 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 entitled to allow third parties to use the user account.

2.5. The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than 3 years, or if the Buyer breaches his/her 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 the necessary maintenance of the hardware and software equipment of third parties.

 

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. All 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 provisions of Section 1732, paragraph 2 of the Civil Code do not apply.

3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the costs of returning the goods, if the goods cannot be returned by regular mail due to their nature. The prices of the goods are stated including value added tax and all related fees. The prices of the goods remain valid for the period 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 negotiated conditions.

3.3. The web interface of the store also contains information about the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods provided in the web interface of the store applies 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 store's web interface. The order form contains, in particular, information about:

3.4.1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the store's web interface),

3.4.2. method of payment of the purchase price of the goods, information on the requested method of delivery of the ordered goods and

3.4.3. information about the costs associated with the delivery of goods (hereinafter collectively referred to as the "order").

 

3.4.4. the possibility of ordering through 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 with regard to 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 specified in the order are considered correct by the seller. Immediately after receiving the order, the seller confirms 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 referred to as the "buyer's e-mail address"). In the case of a change in the sole or stamping of one's own initials, this change may not always be displayed 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 telephone).

3.7. The contractual relationship between the seller and the buyer arises upon delivery of the order receipt (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.

3.8. The Buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the Buyer when using distance communication means in connection with concluding the purchase contract (internet connection costs, telephone call costs) are borne by the Buyer himself, and these costs do not differ from the basic rate.

3.9. In the case of purchasing goods on which changes have been made based on the buyer's requirements (in particular, a change in material - sole, stamping of initials), the consumer cannot withdraw from the contract for the delivery of goods within 14 days from the date of receipt of the goods pursuant to the provisions of Section 1837 letter d) of the Civil Code and in this case, an exchange is not 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 Seller will refund the price of the goods to the Buyer without undue delay after withdrawal, by bank transfer to the account designated by the Buyer.

 

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The buyer may pay the seller the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:

4.1.1. express checkout using Apple Pay or Google Pay;

4.1.2. payment via a payment gateway;

4.1.3. cash on delivery upon receipt;

4.1.4. cash on delivery upon receipt 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 specified in paragraph 4.1.

4.3. The selected payment method shall be stated by the buyer in the order. The selected payment method may be changed by the buyer only with the seller's consent. The buyer shall submit a proposal to change the payment method in writing to the seller's address or to the seller's e-mail address.

4.4. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.

4.5. In the event of individual requirements for the delivery of goods by the buyer, in particular the division of the order due to different delivery times for individual goods, the buyer is aware of the costs associated with the delivery of each individual good.

4.6. The Seller does not require a deposit or other similar payment from the Buyer. This does not affect the provisions of Article 4.9 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.8. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of concluding the purchase contract.

4.9. If the price is not paid by the buyer when due, it is considered that the buyer, who is a consumer, has withdrawn from the purchase contract, unless he expresses his will to the contrary.

4.10. The Seller is entitled, especially in the event that 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 Section 2119, paragraph 1 of the Civil Code shall not apply.

4.11. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.12. If it is customary in business transactions or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - invoice to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's electronic address.

 

5. WITHDRAWAL FROM THE PURCHASE CONTRACT BY THE CONSUMER

5.1. In accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, the Buyer has the right to withdraw from the purchase contract within fourteen (14) days from the receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt 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 may send the withdrawal from the purchase contract to the Seller's e-mail address info@botas.cz . To withdraw from the contract, the Buyer may use the sample withdrawal form, which is an integral part of the OP as Appendix No. 1.

5.2. In accordance with the provisions of Section 2165, the customer is entitled to exercise the right to a defect that occurs in the goods within 24 months from 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 results from the nature of the Goods.

 

5.3. In the event of withdrawal from the purchase contract according to Article 5.2 of the Terms and Conditions, the purchase contract is cancelled 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 in the case where the goods cannot be returned by regular mail due to their nature.

5.4. In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the purchase contract, by transfer to a 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 upon return of the goods by the Buyer or in another manner, if the Buyer agrees to this 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 funds received to the Buyer before the Buyer returns the goods or proves that he has sent the goods to the Seller. The Seller shall return to the Buyer the purchase price and the amount related to the transport of the goods, 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 offset 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 agreement between the seller and the buyer is concluded with a termination condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift loses its effectiveness and the buyer is obliged to return the gift provided to the seller together with the goods.

 

6. GIFT VOUCHERS

6.1. Gift vouchers are sold in values: 500 CZK, 1,500 CZK, 2,500 CZK, 3,000 CZK, 3,500 CZK, 4,000 CZK.

6.2. The voucher is valid for one year from the date of purchase.

6.3. The voucher can be used in full; it is not possible to use the voucher in parts.

6.4. Vouchers for our goods can be purchased directly at the store or on the store's website.

6.5. It is prohibited to intentionally damage or falsify a voucher. Forging a voucher is a criminal offense.

6.6. The gift voucher contains the amount, voucher code and a box for the recipient of the voucher.

6.7. To validate the voucher, we recommend that you bring proof of payment, preferably in the form of a receipt or receipt.

6.8. To redeem a voucher on the website, it is necessary to fill in the field in the Cart section, where you will enter the unique voucher code.

6.9. To redeem a voucher in store, it is necessary to present a gift voucher or voucher code number.

 

7. TRANSPORTATION AND DELIVERY OF GOODS

7.1. The Seller allows the following methods of delivery of goods:

7.1.1. Parcel shop: collection in the Parcel shop network with fast check-in;

7.1.2. Zásilkovna: collection at Zásilkovna delivery points;

7.1.3. Czech Post: by delivering the shipment to any address using the Czech Post – parcel in hand service.

7.1.4. at selected Vaska partner stores.

7.2. The costs associated with the delivery of the goods are stated on the website. The costs associated with the delivery of the goods are valid for the period during which they are displayed on the website.

7.3. In the event that the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

7.4. If the method of delivery is agreed by sending, the seller shall fulfill 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 shall fulfill his obligation to hand over the goods to him at the moment when the buyer acquires physical possession of the goods.

7.5. If the seller is obliged under the purchase contract to deliver the goods to the location specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

7.6. In the 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 date on which the seller notifies him that the goods are ready for collection; the seller notifies the buyer of this at the e-mail address specified by the buyer in the order. In the event that the website contains different terms of collection for delivery to a specific collection point, the terms of collection specified on the website or in the information provided to the buyer by the collection point operator shall apply.

7.7. The seller, carrier or collection point operator is entitled to request the presentation of an identification document (ID card or passport) before handing over the goods. Without the presentation of any of these documents, the seller, carrier or collection point operator may refuse to release the goods.

7.8. In the case of payment by cash on delivery of the goods, the seller is obliged to deliver the goods and enable the buyer to dispose of them no later than 15 days from the date of conclusion of the purchase contract, unless a different delivery period is specified for the individual goods. If the goods are stated as "in stock", the seller shall dispatch 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 from the date of fulfillment of the Buyer's obligation to pay the price, unless a different delivery period is specified for the individual goods. If the goods are stated as "in stock", the Seller shall dispatch 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 fails to fulfill its obligation to deliver the goods within the time specified in paragraph 7.8 or 7.9, the Buyer shall request the Seller to deliver within an additional period appropriate to the circumstances. If the Seller fails to deliver the goods within this additional period, the Buyer, as a consumer, shall be entitled to withdraw from the purchase contract.

7.11. The seller will send the documents for the goods, in particular the tax document, to the buyer together with the goods.

7.12. In the case of bindingly agreed deadlines, the Seller is not liable for delays in the delivery of goods due to force majeure and events that make deliveries significantly more difficult or impossible for the Seller and for which the Seller is not responsible. Cases of force majeure are considered to be, in particular, epidemics, mobilization, war, uprising, strike, lockout, official regulations, or other unforeseen obstacles, even if they occur with the Seller's suppliers and their subcontractors. Such facts entitle the Seller to postpone the delivery by the duration of the obstacle and a reasonable period necessary to ensure delivery after the obstacle has disappeared. If the delivery of 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 manner than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

7.14. When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, immediately notify the carrier. If the packaging is found to be damaged indicating unauthorized entry 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 transport of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.

 

 

8. TRANSITION OF DANGER

8.1. If the method of delivery of the goods is personal collection at the selected collection point, the risk of damage to the goods passes to the buyer at the moment of collection of the goods, or at the moment when the buyer was obliged to take over the goods and the seller allowed him to do so, but the buyer did not take over the goods.

8.2. If the method of delivery of the goods is determined to be sending by a carrier, the risk passes to the buyer when the goods are handed over by the seller to the first carrier for transport to the buyer in accordance with the purchase contract. However, if the buyer is a consumer, the risk passes to him at the moment when the consumer acquires physical possession of the goods; this does not apply if the consumer has entrusted the transport to a carrier not offered by the seller.

8.3. Loss of or damage to the goods occurring after the risk has passed to the buyer shall not relieve the buyer of the obligation to pay the price of the goods, unless the loss or damage was caused by the act or omission of the seller.

 

9. RIGHTS FROM DEFECTIVE PERFORMANCE

9.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 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 arising 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 PARTIES

10.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

10.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826, paragraph 1, letter e) of the Civil Code.

10.3. The seller ensures the out-of-court settlement of consumer complaints via the electronic address info@botas.cz . The seller will send information about the settlement of the buyer's complaint to the buyer's electronic address.

10.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, company ID: 000 20 869, internet address: https://adr.coi.cz/cs , is responsible for the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase contract.

10.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes)

10.6. The Seller is entitled to sell goods on the basis of a trade license. Trade license inspection is carried out within its scope by the relevant trade license office. Supervision of the area of ​​personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, supervises, among other things, compliance with Act No. 374/2022 Coll., as amended. The Buyer is entitled to file a complaint with the above-mentioned supervisory or state supervisory authorities.

 

11. COMMUNICATION

11.1. Unless another specific method of communication is agreed between the parties, any communication based on the purchase contract will be carried out 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 will notify each other in writing, shall be considered effective.

11.2. Correctly addressed postal notifications are deemed to have been delivered:

11.2.1. the date of physical delivery of the notice, if the notice is sent by courier or postal service operator (except for sending by registered mail) or delivered in person; or

11.2.2. the date of delivery confirmed on the delivery receipt, if the notice is sent by registered mail and is actually delivered; or

11.2.3. if the period of 5 days from the date of deposit of the notice at the relevant post office fails to be delivered or if the receipt of the notice is refused.

 

11.3. A message addressed via electronic mail is deemed to be delivered at the moment the message is sent via electronic mail, unless the addressee of the message proves that the message did not reach him/her.

 

12. LEGAL LIABILITY

12.1. In the event of the buyer's delay in paying the price of the goods, the seller is entitled to demand payment of a contractual penalty in the amount of 0.05% of the amount owed for each day of delay, including any days that have already begun. This provision does not apply if the buyer is a consumer.

12.2. The claim or payment of a contractual penalty does not affect the right of the entitled party to compensation for damages in full.

 

13. PROTECTION OF PERSONAL DATA

13.1. 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 " Principles of Personal Data Processing " is not part of the purchase contract or these Terms and Conditions.

 

14. HEUREKA VERIFIED BY CUSTOMERS

14.1. We determine your satisfaction with your purchase through e-mail questionnaires as part of the Verified by Customers program, in which our e-shop is involved. We send these to you every time you make a purchase from us, unless you refuse to receive them pursuant to Section 7(3) of Act No. 480/2004 Coll. on certain information society services. We process personal data for the purposes of sending questionnaires as part of the Verified by Customers program based on our legitimate interest, which consists of determining your satisfaction with your purchase from us. To send questionnaires, evaluate your feedback and analyze our market position, we use a processor, which is the operator of the Heureka.cz portal; for these purposes, we may provide it with information about the purchased goods and your e-mail address. When sending e-mail questionnaires, your personal data is not provided to any third party for its own purposes. You can object to receiving email surveys as part of the Verified by Customers program at any time by opting out of further surveys using the link in the survey email. If you object, we will not send you any more surveys.

 

15. FINAL PROVISIONS

15.1. 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 arising from generally binding legal regulations of the law applicable to the given contractual relationship.

15.2. 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 comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall 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 consumer buyer upon his written request.

15.4. The appendix to the terms and conditions consists of a sample form for withdrawal from the purchase contract and a complaint procedure.

a. Complaints procedure
b. Form for withdrawal from the purchase contract

16.5. Seller's contact details: 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. 8. 2024