TERMS AND CONDITIONS
Entrepreneurial natural person Botao Barefoot s.r.o., with registered office at Fráni šrámka 5, 70900, Ostrava, ID No.: 08720967, for the sale of goods through an online store located at the website www.tarasandals.com
I. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of Botao Barefoot s.r.o., with registered office at Fráni šrámka 5, 70900, Ostrava, ID No.: 08720967, (hereinafter referred to as the “Seller”), regulate in accordance with the provisions of Section 1751 (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 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 online store of the Seller. The online store is operated by the Seller on a website located at the address www.tarasandals.com (hereinafter referred to as the “Website”), through the interface of the Website (hereinafter referred to as the “Online Store Web Interface”).
1.2. The Terms and Conditions shall not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or a person who acts when ordering goods in the course of their business or in the exercise of their independent profession.
1.3. Deviations from the Terms and Conditions may be agreed upon in the Purchase Contract. Deviating provisions in the Purchase Contract shall 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 English language. The Purchase Contract may be concluded in the English language.
1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the validity of the previous wording of the Terms and Conditions.
II. USER ACCOUNT
2.1. Based on the registration of the buyer on the website, the buyer can access their user interface. From their user interface, the buyer can place orders (hereinafter referred to as “user account”). If the online store interface allows it, the buyer can also place orders directly from the online store without registration.
2.2. When registering on the website and when ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the information provided in the user account at any time of their change. The information 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 their user account.
2.4. The buyer is not authorized to enable the use of their user account by third parties.
2.5. The seller may cancel the user account, especially if the buyer has not used their user account for more than two years, or if the buyer violates their obligations under the purchase agreement (including 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 hardware and software equipment of the seller, or the necessary maintenance of the hardware and software equipment of third parties.
III. CLOSING OF PURCHASE AGREEMENT
3.1. All presentations of goods placed in the store’s web interface are informative, and the seller is not obliged to conclude a purchase agreement regarding this merchandise. The provisions of Section 1732(2) of the Civil Code shall not apply.
3.2. The store’s web interface contains information about goods, including the prices of individual items. The prices of the merchandise are final. The prices of the merchandise remain valid for as long as they are displayed in the store’s web interface. This provision does not limit the seller’s ability to conclude a purchase agreement under individually negotiated conditions.
3.3. The store’s web interface also contains information about the costs associated with packing and delivering the merchandise. The information about the costs associated with delivering the merchandise listed in the store’s web interface applies only in cases where the merchandise is delivered within the territory of the Czech Republic and Slovakia.
3.4. The buyer shall place an order for the merchandise in the e-shop’s ordering system on the website www.tarasandals.com, where the buyer will provide, in particular, information about:
3.4.1. the ordered merchandise (the buyer shall “place” the ordered merchandise into the electronic shopping cart of the store’s web interface),
3.4.2. the method of payment of the purchase price of the merchandise, information about the desired method of delivering the ordered merchandise,
3.4.3. information about the costs associated with delivering the merchandise (hereinafter collectively referred to as the “order”).
3.5. Before sending the order to the seller, the buyer shall be allowed to check and change the information that the buyer has included in the order, taking into account the buyer’s ability to identify and correct errors that may have arisen when entering data into the order. The buyer shall send the order to the seller by clicking the “order” button. The information provided in the order shall be deemed correct by the seller.
3.6. The sending of the order is considered an act by the buyer that unmistakably identifies the ordered merchandise, purchase price, buyer, method of payment of the purchase price, and is a binding proposal for the contracting parties to enter into a purchase agreement. A prerequisite for the validity of the order is the completion of all mandatory data in the order form, the buyer’s familiarity with these terms and conditions on the website, and the buyer’s confirmation that the buyer has read and agrees to these terms and conditions.
3.7. The seller shall promptly confirm receipt of the order to the buyer by electronic mail, sent to the buyer’s electronic mail address listed in the user interface or in the order (hereinafter referred to as the “buyer’s electronic mail address”).
3.8. The seller is always entitled to adjust the price of the ordered merchandise or to ask the buyer for additional confirmation of the order (such as in cases where the quantity of the merchandise ordered is large, the purchase price is high, etc.). In such cases, the order shall not be binding until the buyer has confirmed it in writing to the seller.
IV. PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of goods and any costs associated with the delivery of goods under the purchase agreement can be paid by the buyer to the seller in advance by bank transfer to the seller’s account No. 2201729462/2010 held with Fio banka, a.s. (hereinafter referred to as the “seller’s account”);
4.2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price includes the costs associated with the delivery of goods.
4.3. The seller does not require a deposit or any similar payment from the buyer.
4.4. The purchase price is due within 7 days of the conclusion of the purchase agreement.
4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable symbol of the payment. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the corresponding amount to the seller’s account.
4.6. The seller is not a value added tax payer. The invoice will be issued by the seller to the buyer after the price of the goods has been paid, and upon request of the buyer, it will be sent in electronic form to the buyer’s electronic address.
V. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The buyer acknowledges that pursuant to Section 1837 of the Civil Code, among other things, it is not possible to withdraw from the purchase agreement:
5.1.1. for the delivery of goods that have been modified according to the buyer’s wishes or for his person.
5.2. If it is not a case under Article 5.1 or another case where it is not possible to withdraw from the purchase agreement, the buyer has the right to withdraw from the purchase agreement in accordance with Section 1829 paragraph 1 of the Civil Code, within fourteen (14) days of taking over the goods, and in the case of the subject matter of the purchase agreement being several types of goods or the delivery of several parts, this period runs from the day of taking over the last delivery of goods. Withdrawal from the purchase agreement must be sent to the seller within the period specified in the preceding sentence.
5.3. The buyer may use the model withdrawal form provided by the seller to withdraw from the purchase agreement. The withdrawal from the purchase agreement can be sent by the buyer electronically to the email address email@example.com or in writing to the address of the seller’s establishment. The provisions of Article 11 of these Terms and Conditions apply to the delivery of withdrawal from the agreement. The entrepreneur shall confirm to the consumer its receipt without undue delay in text form.
5.4. In case of withdrawal from the purchase agreement according to Article 5.2 of the Terms and Conditions, the purchase agreement is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days from the withdrawal from the agreement by the buyer. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular mail due to their nature.
5.5. In case of withdrawal from the agreement according to Article 5.2 of the Terms and Conditions, the seller shall return the funds received from the buyer within fourteen (14) days from the withdrawal from the purchase agreement by the buyer, in the same manner in which the seller received them from the buyer. The seller is also entitled to return the performance provided to the buyer already upon returning the goods to the buyer or in another way, if the buyer agrees to this and no additional costs arise for the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the funds received from the buyer before the buyer returns the goods or proves that the goods have been sent to the seller.
5.6. The seller is entitled to unilaterally set off the claim for damages incurred on the goods against the buyer’s claim for the refund of the purchase price.
5.7. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase agreement at any time. In such case, the seller shall refund the purchase price to the buyer without undue delay, by non-cash transfer to the account designated by the buyer.
5.8. If a gift is provided to the buyer together with the goods, a gift agreement is concluded between the seller and the buyer with a condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such gift shall lose its effectiveness and the buyer is obliged to return the provided gift together with the goods to the seller.
VI. TRANSPORTATION AND DELIVERY OF GOODS
6.1. If the method of transportation is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transportation.
6.2. 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.
6.3. If, due to reasons on the buyer’s side, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with the different way of delivery.
6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and to immediately report any defects to the carrier. In the case of finding damage to the packaging indicating unauthorized entry into the shipment, the buyer is not obliged to accept the shipment from the carrier.
VII. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding the rights from defective performance are governed by the relevant generally binding regulations (in particular, provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code).
7.2. The seller is liable to the buyer that the goods do not have defects at the time of takeover. In particular, the seller is liable to the buyer that at the time of takeover:
7.2.1. the goods have the properties that the parties agreed upon, and if there is no agreement, have such properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and based on the advertising they conducted,
7.2.2. the goods are suitable for the purpose for which the seller indicates their use or for which goods of this kind are usually used,
7.2.3. the goods correspond to the quality or performance agreed upon according to the agreed sample or model, if the quality or performance was determined according to the agreed sample or model,
7.2.4. the goods are in the appropriate quantity, measure, or weight, and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions set out in Article 7.2 of the terms and conditions do not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear caused by its normal use, to used goods for defects corresponding to the extent of use or wear and tear that the goods had at the time of takeover by the buyer, or if this is evident from the nature of the goods.
7.4. The buyer exercises their rights from defective performance with the seller at the address of their establishment where the complaint can be accepted with regard to the range of goods sold. The moment of complaint is considered to be the moment when the seller received the complained goods from the buyer.
7.5. Other rights and obligations of the parties related to the seller’s liability for defects are regulated by the seller’s complaint procedure, which is an integral part of these terms and conditions.
VIII. ADDITIONAL RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. By paying the full purchase price of the goods, the Buyer acquires ownership of the goods.
8.2. The Seller is not bound by any codes of conduct towards the Buyer within the meaning of Section 1826 (1) (e) of the Civil Code.
8.3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from a sales contract.
8.4. The Seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
8.5. By accepting the goods, the Buyer assumes the risk of a change in circumstances within the meaning of Section 1765 (2) of the Civil Code.
8.6. The Buyer is obliged to try on the shoes with a hygienic paper through the insole. The skin that comes into contact with the insole becomes immediately contaminated with sweat, fungi, and bacteria from the human foot. If the Buyer tries on the shoes without socks or without a hygienic paper, the right to return/withdraw from the contract without stating a reason cannot be exercised, as this constitutes use of the shoes. Contaminated skin on the insole of the shoes shows signs of sweat and footprints.
8.7. The Buyer is obliged to try on the shoes in a clean home environment and cannot use the shoes outside or on a hard, rough surface that could damage the sole or the knot that forms the tie of the sandal. If the Buyer does so and the sandal shows signs of abrasions and wear on the knot, this constitutes use of the goods, and the right to return/withdraw from the contract cannot be exercised.
8.8. The Buyer agrees that the sandal is a simple minimalist construction and requires regular maintenance. It is necessary to re-tie a new knot under the shoe, which forms the tie of the sandal, once in a while. This is a classic knot that is generally known to residents of the European continent. The leather knot can be tightened better with pliers when wet. The synthetic cord knot can be reinforced by melting it with a lighter or over a gas stove.
IX. DATA PROTECTION
9.1. The protection of the personal data of a buyer who is a natural person is provided by Act No. 101/2000 Coll., on Personal Data Protection, as amended.
9.2. The buyer agrees to the processing of their personal data: name, address, email address, phone number (collectively referred to as “personal data”).
9.3. The buyer agrees to the processing of their personal data by the seller for the purposes of fulfilling the rights and obligations under the purchase agreement and for the purpose of maintaining the user account. Unless the buyer chooses another option, the buyer also agrees to the processing of their personal data by the seller for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in accordance with this article is not a condition that would itself prevent the conclusion of a purchase agreement.
9.4. The buyer acknowledges that they are obliged to provide their personal data (when registering, in their user account, when placing an order through the e-shop interface) correctly and truthfully and that they are obliged to inform the seller of any changes in their personal data without undue delay.
9.5. The seller may entrust a third party as a processor to process the personal data of the buyer. Personal data will not be transferred to third parties by the seller without the prior consent of the buyer, except for persons transporting goods.
9.6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7. The buyer confirms that the provided personal data are accurate and that they have been informed that the provision of personal data is voluntary.
9.8. If the buyer believes that the seller or processor (Art. 9.5) is processing their personal data in violation of their privacy or personal life or in violation of the law, in particular if personal data is inaccurate with regard to the purpose of its processing, the buyer may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remedy the situation.
9.9. If the buyer requests information about the processing of their personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable fee not exceeding the costs necessary to provide the information for providing the information in accordance with the previous sentence.
X. SENDING OF COMMERCIAL MESSAGES AND COOKIE STORAGE
10.1. The Buyer agrees to receive information related to the goods, services or business of the Seller to the Buyer’s electronic address, and further agrees to receive commercial messages from the Seller to the Buyer’s electronic address.
10.2. The Buyer agrees to the storage of so-called “cookies” on their computer. If it is possible to make a purchase on the website without storing cookies on the Buyer’s computer and fulfill the Seller’s obligations under the purchase agreement, the Buyer may revoke their consent to such storage at any time.
11.1. Notices regarding the relationship between the Seller and the Buyer, particularly regarding withdrawal from the purchase agreement, must be delivered by registered mail or electronically to the email address firstname.lastname@example.org unless otherwise specified in the purchase agreement. Notices are delivered to the relevant contact address of the other party and are considered delivered and effective at the moment of their delivery by post, except for notices of withdrawal from the agreement made by the Buyer, which is effective if the notice is sent by the Buyer within the withdrawal period.
11.2. Notices are also considered delivered if their receipt was refused by the addressee, not collected within the storage period, or returned as undeliverable.
11.3. The parties may deliver routine correspondence to each other by email, to the email address provided in the Buyer’s user account or in the order, or to the address provided on the Seller’s website.
XII. FINAL PROVISIONS
12.1. If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of the consumer arising from generally binding legal regulations.
12.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the provision that comes closest in meaning to the invalid provision shall apply instead. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase agreement or terms and conditions require written form.
12.3. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form.
12.4. Contact details of the seller: delivery address David Šuška, Na Rohuli 71, 747 64 Velká Polom, email address email@example.com, phone +420 724 51 31 32.
In Velká Polom on June 30, 2016.
I. General provisions
The Complaints Procedure is an integral part of the terms and conditions of sale of Botao Barefoot s.r.o., with its registered office at Fráni šrámka 5, 70900, Ostrava, ID: 08720967 (hereinafter referred to as the “Seller”), and describes the procedure for handling complaints about goods.
The Buyer is obliged to familiarize themselves with the Complaints Procedure and the Terms and Conditions (“TCs”) before ordering goods. At the same time, the Buyer acknowledges that they are obliged to provide the necessary cooperation required to process the complaint.
By concluding a purchase agreement and taking possession of the goods from the Seller, the Buyer agrees to this Complaints Procedure.
The definitions contained in this Complaints Procedure take precedence over those in the TCs. If this Complaints Procedure does not define a term, it shall be understood in the meaning defined in the TCs. If it is not defined there either, it shall be understood in the meaning in which it is used in legal regulations.
II. Quality Guarantee
The guarantee for the quality of the goods is 24 months.
As proof of the guarantee, the Seller issues a purchase receipt (invoice) with the legally required information necessary for claiming the guarantee (including the name of the goods, length of the guarantee, price, quantity) for each purchased item.
Quality upon receipt
The Seller guarantees to the Buyer that the goods are free from defects upon receipt. In particular, the Seller guarantees to the Buyer that at the time the Buyer took possession of the goods,
the goods have the properties that the parties agreed on, and if there is no such agreement, the properties that the Seller or the manufacturer described or that the Buyer expected based on the nature of the goods and the advertising carried out by them. the goods are suitable for the purpose for which the Seller indicates they are intended or for which the goods of this kind are commonly used. the goods are in the appropriate quantity, degree, or weight. the goods comply with the requirements of legal regulations.
III. Warranty Terms
Inspection of Goods upon Receipt
When the buyer personally picks up the goods from the seller, they shall check the received goods, their completeness, and the undamaged condition of the packaging.
When the buyer receives the goods from the carrier, they shall properly and carefully check the condition of the shipment (especially the number of packages, the intactness or damage of the packaging).
Furthermore, the buyer shall check the completeness of the goods on the day of receipt, particularly that the packaging contains everything it should contain.
Any discrepancies must be reported to the seller on the spot when picking up in person, or must be marked in the delivery protocol of the carrier when receiving the shipment. Alternatively, the buyer can refuse to receive the shipment, or it is always possible to report any discrepancies via email to firstname.lastname@example.org
In case of a defect occurring during the warranty period, depending on the nature of the defect, the buyer has the following rights when claiming the warranty:
In case of a remediable defect:
- The right to free, proper, and timely removal of the defect
- The right to exchange the defective goods or defective part, unless it is disproportionate due to the nature of the defect
- If procedures a) and b) are impossible, the right to a reasonable discount off the purchase price, or to withdraw from the purchase contract.
In case of an irremediable defect:
- The right to exchange the defective goods or to withdraw from the purchase contract
- In case of a remediable defect, if the buyer cannot use the item properly due to the recurring defect after repair (i.e., the item has already been claimed for the same defect three times) or due to a greater number of defects, the right to exchange the defective goods or to withdraw from the purchase contract
- If it concerns other irremediable defects, and the consumer does not require a replacement:
- The right to a reasonable discount off the purchase price or to withdraw from the purchase contract.
Claims do not apply to cases where:
- The defect or damage has demonstrably arisen from improper use, in violation of the instructions for use, or other improper actions of the buyer
- Demonstrably unauthorized interventions in the goods have been made
- To defects caused by the influence of natural disasters.
- For defects caused by the normal wear and tear of consumer goods within the specified period of use according to special legal regulations.
- If such a claim is made after the expiration of this period.
A complaint can be made to the seller, in all of their stores.
The buyer can use the form provided by the seller to make a complaint, which can be sent electronically to the email address email@example.com or in printed form along with the claimed goods.
IV. Complaint Handling
- Buyer – Consumer
In accordance with Section 2 (1) (a) of Act No. 634/1992 Coll., On Consumer Protection, as amended, a consumer is a natural person who does not act within the scope of their business or self-employment.
If the buyer is a consumer, the seller will decide on the complaint immediately, in complex cases within three working days. The period necessary for a professional assessment of the defect shall not be included in this period, depending on the type of product or service.
The complaint, including the removal of the defect, will be resolved by the buyer without undue delay, no later than 30 days from the date of the complaint. The 30-day period may be extended by agreement with the consumer – such an extension must not be for an indefinite or unreasonably long period. After the expiry of the period or the extended period, it shall be deemed that the defect in the matter actually existed, and the consumer shall have the same rights as if it were a defect that cannot be remedied.
- Buyer – Entrepreneur
If the buyer is an entrepreneur, the seller undertakes to decide on the complaint within 30 days from the date of the complaint. The buyer entrepreneur will be informed of this decision by contact email.
VI. Final provisions
The rights of the buyer arising from the law are not affected by this Complaints Procedure.
This Complaints Procedure is valid from 1.8.2016.