Communication before concluding the Purchase Contract to the Buyer, who is a Consumer

III.1.   In accordance with Part Four, Title I, Act. No. 89/2012 Coll., the Civil Code, in its effective text (hereinafter referred to as the “CC”), the following information will be communicated to the Seller before the conclusion of the Contract:

III.2.   The delivery address for defective goods and sending goods purchased from the Seller’s web interface is the address U tabulky, hala X, 193 00, Praha 20, Czech Republic. The legal effects applicable to the defects of the goods remain in force even when delivered to the billing address. The billing address of the Seller is identical to the address of the registered office of the company specified in the header of these Terms and Conditions. The complaints form is available for download HERE

III.3.   The Seller sells the goods to the Buyer at the quality preconceived by Act No. 2161 of the CC, thus

III.4..   In case the goods fail to meet these requirements upon purchase, the Buyer has the right to receive new non-defective goods if it is not unreasonable due to the nature of the item. If the defect relates only to parts of the item, the Buyer may only require replacement parts; if this is not possible, he/she can withdraw from the contract. If, due to the nature of the defect, it is disproportionate, especially if the defect can be amended without undue delay, the Buyer has the right to amending the defect free-of-charge. 

III.5.   If the Buyer does not withdraw from the Contract or if he/she does not exercise the right to the delivery of new non-defective goods, the replacement of parts or repair, he/she may request a reasonable discount on the purchase price.

III.6.   The Buyer has the right to a reasonable discount even if the Seller can not deliver new non-defective goods, replace their parts or repair the goods, and if the Seller fails to amend the goods within a reasonable time or if the repair would cause serious difficulties for the consumer.

III.7.   If a defect occurs within 6 (six) months of the takeover, the item is considered to have been defective already at takeover by the Consumer.

III.8.   Unless expressly stated otherwise for the goods, the Buyer is entitled to claim the rights of defective performance 24 months from the date of receipt of the goods by the Consumer.

III.9.   The Seller is not responsible for defects if: 

    1. the item was defective at the time of the takeover and a discount on the purchase price was agreed for such a defect;

    2. the goods are used and the defect corresponds to the degree of use or wear and tear of the goods when the goods were taken over by the Buyer;

    3. the defect is caused by the wear and tear resulting from normal use or by the nature of the item (e.g. by the end of its utility life);

    4. the defect was caused by the Buyer and arose from improper use, storage, improper maintenance by the Buyer’s intervention or mechanical damage;

    5. the defect arises as the result of an external event outside the Seller’s influence.

 

III.10.   The Seller is not responsible for defects in goods exposed to conditions - increased temperature, dustiness, humidity, chemical, and mechanical effects - not suitable for normal use. The warranty also does not apply to defects caused by the normal wear and tear of the goods (or their parts) as a result of usage.  A shorter lifetime cannot be considered a defect in this case or complained about.

III.11.   The Seller also communicates the following information to consumers before the Purchase Contract is remotely concluded:

    1. The cost of remote communication does not differ from the basic rate charged to the consumer by his/her operator/service provider; the consumer is not forced to communicate with the Seller on the lines charged in favor of the Seller.

    2. The Seller requires the full payment of the purchase price before the goods are taken over. Payments are executed either by bank transfer, cash on delivery, online payment through a payment card via the Internet, or by other means specified in the “Payment and Delivery” document. In the case of personal pick-up at the company premises, the consumer pays the transit to the premises and back. When delivering through a postal service provider, the delivery charges are governed according to the rates in the “Payment and Delivery” document. 

    3. For goods custom-made for the customer, a deposit of 30% of the final price of the goods is required; a Purchase Contract modified according to the consumer’s wish cannot be withdrawn from without giving a reason within 14 days according to article VI.3. or VI. 4.

    4. The Seller does not conclude contracts that are subject to repeated performance or contracts of indefinite duration. In case of such a Contract, the shortest period for which the Contracting Parties will undertake the Contract will be communicated by the provider of the repeated performance, including the price or method of determining it for a single billing period, which is always one month if this price is fixed, further data on taxes, fees and costs of delivering goods or services.

    5. all prices of goods and services are included in the web interface of the shop including VAT, transport costs listed in the “Payment and Delivery” document;

    6. the consumer has the right to withdraw from the concluded contract (unless stated otherwise) within the fourteen days which is effective when it concerns the following:

      1. Purchase Contract, from the date of receipt of the goods; 

      2. a Contract whose subject is several types of goods or the delivery of several parts from the date of the last delivery of the goods;

      3. a Contract whose subject is the regular repeated delivery of goods from the date of the first delivery of the goods, whose withdrawal must be sent to the Seller’s delivery address or to the e-mail address: help@footshop.eu.

 

    1. The Consumer cannot withdraw from the Contract in the following cases: 

      1. if the provision of services has been fulfilled with the Consumer’s prior express consent before the expiry of the withdrawal period from the Contract and the Seller has informed the consumer before concluding the contract that he/she has no right to withdraw from the Contract in such a case;

      2. the supply of goods or services, whose prices depend on financial market fluctuations, independent of the Seller’s will, and which may occur during the withdrawal period from the Contract;

      3. the supply of goods subject to quick perishing and goods that were irreversibly mixed with other goods after delivery;

      4. the supply of goods that have been modified according to the wishes of the Consumer or for his/her person, to goods produced differently from standard clothing at the customer’s request;

      5. goods in closed packaging which the consumer has removed from the packaging and cannot be returned for hygienic reasons;

      6. delivering an audio or video recording or a computer program if its original packaging has been damaged 

      7. delivery of newspapers, periodicals or magazines 

      8. transport is the business provides these services within a specified time

 

    1. In the case of cancellation, the consumer will bear the cost of returning the goods and, in the case of a contract concluded through means of remote communication, the cost of returning the goods if such goods cannot be returned by their normal postal means. If the consumer withdraws from the contract, he/she will send or hand over to the Seller the goods he/she has received without undue delay within 14 days of withdrawal from the Contract.

    2. Upon withdrawal from the Contract within the statutory period of 14 days (Article VI.3. of the Terms and Conditions), the goods must be unworn, undamaged, and in their original packaging, including all supplied accessories, with complete documentation.

      The Consumer has the right to try the goods in such a way that

      - that the goods (especially footwear) are tested 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).

      If the consumer does not comply with the hygiene conditions laid down, these will be goods which, by virtue of Directive 97/7 / ES on the protection of consumers, cannot be returned for their nature by means of distance contracts.

      In this case, the seller's claims are as follows:

state of goods

the claim of the seller

missing original packaging (box)

flat-rate compensation of 10 €

severely damaged original packaging (box)

flat-rate compensation of 10 €

dirty goods

according to the type of dirtiness - price may be reduced by 10% 

missing documentation

flat-rate compensation of 2 €

missing accessories

the usual price of accessories

Other returned goods, not specified above, are always assessed individually and the costs actually incurred for restoring the goods to their original condition will be notified to the Consumer in writing.

The Seller is entitled to reduce the amount of the returned purchase price for the goods to the Consumer by the above claims.

In the event of non-compliance with the conditions of the condition of the returned goods, in the event of withdrawal from the contract within 14 days, the Seller is entitled to reimbursement of the costs actually incurred in connection with the restoration of the goods to their original condition.

    1. With the possibility of contractual withdrawal from the Contract (Article VI.4. of the Terms and Conditions), the returned goods must be unworn, undamaged, and packed in the original packaging, including all supplied accessories, with complete documentation.

      In the event of non-compliance with the conditions of the condition of the returned goods in the event of this contractual withdrawal from the contract, the Seller has the right to refuse to withdraw from the Purchase Contract and send the returned goods back to the Consumer.

    2. The contract is concluded in the English language, after the completion of the business case, the Seller archives the data about it. The concluded contract is archived by the Seller for a period of 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 fulfillment and is not accessible to third non-participating parties.

In the event of non-settlement of the complaint, the consumer is entitled to file a complaint with the supervisory or state supervision body, which is the Czech Trade Inspection (CTI). Details can be found, for example, on the website https://www.coi.cz/informace-o-adr. Out-of-court settlement of disputes is also dealt with by mediators, independent mediators of communication between the parties to the conflict. Their list is available at www.justice.cz, where you can enter a focus on consumer disputes in the search engine. The conditions are set by the mediators individually.