Terms and conditions

I. General Provisions

1. These general business terms and conditions (hereinafter referred to as the "Business Terms and Conditions") are issued in accordance with Sections 1751 et seq. of Act No. 89/2012 Sb., the Civil Code (hereinafter referred to as the "Civil Code").

Realfoot Shoes s.r.o. Warehouse address: Mail Step (Realfoot Shoes), Do Čertous 2760/10, 193 00 Prague, Horní Počernice, Czech Republic IČ: 17303001 DIČ: CZ17303001 registered office: Záhřebská 562/41, Prague 2, 120 00, Czech Republic (do not send goods to this address) contact details: email: info@realfoot.cz www.realfoot.cz bank account: 2602264571/2010 Warehouse address: Mail Step (Realfoot Shoes), Do Čertous 2760/10, 193 00 Prague, Horní Počernice, Czech Republic

(hereinafter referred to as the "Seller")

2. These Business Terms and Conditions govern the mutual rights and obligations of the Seller and an individual who enters into a purchase agreement outside of his or her business activities as a consumer, or within the scope of his or her business activities (hereinafter referred to as the "Buyer") through the website located at www.zalozkodenik.cz (hereinafter referred to as the "Online Store").

3. The provisions of the Business Terms and Conditions are an integral part of the Purchase Agreement. Any deviating provisions in the Purchase Agreement shall take precedence over the provisions of these Business Terms and Conditions.

4. These Business Terms and Conditions and the Purchase Agreement shall be concluded in the Czech language.

II. Information about Goods and Prices

1. Information about goods, including the prices of individual goods and their main characteristics, is given for each good in the catalog of the Online Store. The prices of goods are stated including value added tax, all related fees and costs for returning goods, if such goods cannot be returned by ordinary mail due to their nature. The prices of goods remain valid for the period during which they are displayed in the Online Store. This provision does not preclude the conclusion of a Purchase Agreement under individually agreed conditions.

2. All goods presentations placed in the catalog of the Online Store are of an informative nature and the Seller is not obliged to conclude a Purchase Agreement for such goods.

3. Information about the costs associated with packing and delivery of goods is published in the Online Store. The information on the costs associated with packing and delivery of goods given in the Online Store applies only in cases where the goods are delivered within the territory of the Czech Republic.

4. Any discounts from the purchase price of goods may not be combined with each other, unless otherwise agreed between the Seller and the Buyer.

III. Order and Conclusion of the Purchase Agreement

1. The costs incurred by the Buyer in connection with the use of distance communication means in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself. These costs do not differ from the basic rate.
2. The Buyer places an order for goods in the following ways:
   • through his or her customer account, if he or she has previously registered in the Online Store,
   • by filling in the order form without registration.
3. When placing an order, the Buyer selects the goods, the number of items, the method of payment and delivery.
4. Before submitting the order, the Buyer is allowed to check and change the data entered in the order. The Buyer sends the order to the Seller by clicking on the "Send Order" button. The data stated in the order are considered to be correct by the Seller. A condition for the validity of the order is the filling in of all mandatory data in the order form and the Buyer's confirmation that he or she has become acquainted with these Business Terms and Conditions.
5. Immediately after receiving the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address specified by the Buyer when ordering. This confirmation is automatic and does not constitute the conclusion of a contract. An attachment to the confirmation is the Seller's current Business Terms and Conditions. The Purchase Agreement is concluded only after the acceptance of the order by the Seller. The notice of acceptance of the order is sent to the Buyer's email address.
6. In the event that the Seller is unable to fulfill any of the requirements specified in the order, the Seller shall send the Buyer a revised offer to the Buyer's email address. The revised offer shall be considered a new proposal for a Purchase Agreement and the Purchase Agreement shall be concluded in such case by the Buyer's confirmation of acceptance of this offer to the Seller's email address specified in these Business Terms and Conditions.
7. All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer is notified of the acceptance of the order by the Seller. The Buyer may cancel the order by phone to the Seller's phone number or email address specified in these Business Terms and Conditions.
8. In the event of an obvious technical error on the Seller's side in stating the price of the goods in the Online Store or in the course of ordering, the Seller is not obliged to deliver the goods to the Buyer for such obviously erroneous price even if the Buyer was sent an automatic confirmation of receipt of the order according to these Business Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer a revised offer to the Buyer's email address. The revised offer shall be considered a new proposal for a Purchase Agreement and the Purchase Agreement shall be concluded in such case by the Buyer's confirmation of acceptance to the Seller's email address.

V. Payment Terms and Delivery of Goods

1. The Buyer may pay the price of the goods and any related delivery costs under the Purchase Agreement in the following ways:

• by bank transfer to the Seller's bank account No. 2302020575/2010, held at Fio banka.
• by credit card by bank transfer to the Seller's account through a payment gateway,
• by cash on delivery upon receipt of the goods, in cash or by credit card upon personal collection at the store in cash
• or by credit card upon personal collection at the parcel collection point.

2. In addition to the purchase price, the Buyer is obliged to pay the Seller the costs associated with packing and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with delivery of the goods.

3. In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 7 days of the conclusion of the Purchase Agreement.

4. In the case of payment through a payment gateway, the Buyer shall proceed in accordance with the instructions of the respective provider of electronic payments.

5. In the case of cashless payment, the Buyer's obligation to pay the purchase price shall be fulfilled at the moment the respective amount is credited to the Seller's bank account.

6. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before the goods are shipped is not a deposit.

7. According to the Act on the Registration of Sales, the Seller is obliged to issue an invoice to the Buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, in case of a technical failure, then no later than within 48 hours.

8. The goods shall be delivered to the Buyer:

• to the address specified by the Buyer i
• n the order through a parcel collection point to the address of the collection point specified by the Buyer,
• by personal collection at the Seller's premises

9. The choice of delivery method is made during the ordering of goods.

10. The costs of delivery of goods depending on the method of dispatch and receipt of goods are stated in the Buyer's order and in the Seller's confirmation of the order. If the method of transport is agreed upon on the basis of a special request from the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

11. If the Seller is obliged under the Purchase Agreement 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. In the event that, due to reasons on the Buyer's side, the goods must be delivered repeatedly or in a different manner than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with a different method of delivery.

12. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to report this to the carrier immediately. If the packaging is found to be damaged, indicating unauthorized access to the consignment, the Buyer may refuse to accept the consignment from the carrier.

13. The Seller shall issue a tax document - invoice to the Buyer. The tax document is sent to the Buyer's email address./The tax document is attached to the delivered goods.

14. The Buyer acquires ownership of the goods by paying the entire purchase price for the goods, including delivery costs, but at the earliest upon receipt of the goods. Responsibility for accidental destruction, damage or loss of the goods shall pass to the Buyer at the moment of receipt of the goods or at the moment when the Buyer was obliged to take over the goods, but did not do so in breach of the Purchase Agreement.

VI. Withdrawal from the Contract

1. The Buyer who has concluded a Purchase Agreement outside his or her business activities as a consumer has the right to withdraw from the Purchase Agreement.

2. The withdrawal period is 14 days

• from the date of receipt of the goods,
• from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts
• from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.

3. The Buyer may not withdraw from the Purchase Agreement, among other things:

• provision of services, if they have been fulfilled with his or her prior express consent before the withdrawal period has expired and the Seller has informed the Buyer before the conclusion of the contract that he or she does not have the right to withdraw from the contract in such case,
• the supply of goods or services, the price of which depends on fluctuations in the financial market independent of the Seller's will and which may occur during the withdrawal period,
• the supply of alcoholic beverages, which may be delivered only after thirty days and the price of which depends on fluctuations in the financial market independent of the Seller's will,
• the supply of goods that have been customized according to the Buyer's wishes or for his or her person,
• the supply of goods that are liable to rapid deterioration, as well as goods that have been irrevocably mixed with other goods after delivery,
• the supply of goods in sealed packaging that the Buyer has removed from the packaging and which cannot be returned for hygienic reasons,
• the supply of audio or video recordings or computer programs, if the Buyer has broken their original packaging,
• the supply of newspapers, periodicals or magazines,
• the supply of digital content, if it was not delivered on a physical carrier and was delivered with the Buyer's prior express consent before the withdrawal period expired and the Seller informed the Buyer before the conclusion of the contract that he or she does not have the right to withdraw from the contract in such case,
• in other cases specified in § 1837 of the Civil Code.

4. In order to comply with the withdrawal period, the Buyer must send a withdrawal statement within the withdrawal period.

5. To withdraw from the Purchase Agreement, the Buyer may use the model withdrawal form provided by the Seller. The Buyer shall send the withdrawal from the Purchase Agreement to the Seller's email or delivery address specified in these Business Terms and Conditions. The Seller shall confirm receipt of the form to the Buyer without delay.

6. The Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawing from the contract to the Seller. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by ordinary mail due to their nature.

The Buyer shall send the goods for return to the address of the logistics center: Mail Step (Realfoot Shoes), Do Čertous 2760/10, 193 00 Prague, Horní Počernice, Czech Republic tel. +420 284 816 211, support@mailstep.cz

7. If the Buyer withdraws from the contract, the Seller shall return to the Buyer without delay, but no later than 14 days from the withdrawal from the contract, all funds including delivery costs received from the Buyer, in the same manner. The Seller shall return the received funds to the Buyer in a different manner only if the Buyer agrees to this and if this does not cause the Buyer any additional costs.

8. If the consumer withdraws from the Purchase Agreement after the specified period, such withdrawal shall not be valid and the Seller shall not be obliged to accept the goods returned by the consumer or to return the costs of delivery of the goods. The acceptance of unauthorizedly returned goods shall result in a contract of deposit of goods between the consumer and the Seller, which shall entitle the Seller to demand storage fees from the consumer in the amount of CZK 50 excluding VAT for each day of storage of the unauthorizedly returned goods, whereby the Seller shall be entitled to terminate this contract at any time and return the goods back to the Buyer. In the event that the amount of storage fees exceeds the value of the stored goods, the Seller shall be entitled to withdraw from the contract of purchase of the given goods and to set off his or her claim for payment of storage fees against the Buyer's claim for the return of the purchase price for these goods. The above shall also apply in the case of non-collection of claimed goods after the proper handling of the claim by the Seller.

VII. Rights from Defective Performance

1. The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer takes over the Goods:

• the Goods have the properties agreed upon by the Parties, and if no agreement is made, such properties as described by the Seller or manufacturer or as expected by the Buyer with regard to the nature of the Goods and based on the advertising carried out by them,
• the Goods are suitable for the purpose for which the Seller states them to be used or for which Goods of this type are usually used,
• the Goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to the agreed sample or model,
• the Goods are in the appropriate quantity, measure or weight and the Goods comply with the requirements of legal regulations.

2. If a defect becomes apparent within six months of the Buyer's receipt of the Goods, it shall be presumed that the Goods were defective upon receipt. The Buyer is entitled to exercise the right from the defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to Goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the Goods caused by their normal use, to used Goods for a defect corresponding to the degree of wear and tear that the Goods had upon receipt by the Buyer, or if this results from the nature of the Goods.

3. In case of a defect, the Buyer may submit a complaint to the Seller and demand:

• replacement for new Goods,
• repair of the Goods,
• a reasonable discount on the purchase price,
• withdrawal from the contract.

4. The Buyer has the right to withdraw from the contract,

• if the Goods have a substantial defect,
• if the Goods cannot be properly used due to repeated occurrence of the defect or defects after repair,
• in case of a larger number of defects of the Goods.

5. The Seller is obliged to accept the complaint at any of its establishments where it is possible to accept the complaint, or even at its registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised his right, what is the content of the complaint and what method of handling the complaint the Buyer requests, as well as a confirmation of the date and method of handling the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the complaint.

6. The Seller or his authorized representative shall decide on the complaint immediately, in complex cases within three working days. This period shall not include the time reasonably necessary according to the type of product or service for expert assessment of the defect. The complaint, including the removal of the defect, must be dealt with without delay, but no later than 30 days from the date of filing the complaint, unless the Seller and the Buyer agree on a longer period. Failure to meet this deadline shall be considered a material breach of contract and the Buyer shall have the right to withdraw from the purchase contract. The moment of filing the complaint shall be considered the moment when the Buyer's expression of will (exercise of the right from defective performance) reaches the Seller.

7. The Seller shall inform the Buyer of the outcome of the complaint in writing.

8. The Buyer shall not be entitled to any rights from defective performance if the Buyer knew before taking over the Goods that the Goods were defective or if the Buyer caused the defect himself.

9. In the case of a justified complaint, the Buyer shall have the right to reimbursement of reasonably incurred costs incurred in connection with the filing of the complaint. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period.

10. The Buyer has the choice of the method of complaint.

11. The rights and obligations of the Parties under the contract with regard to rights from defective performance shall be governed by § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Sb., on Consumer Protection.

12. Other rights and obligations of the Parties related to the Seller's liability for defects are governed by the Seller's complaints procedure.

VIII. Delivery

1. The Parties may deliver all written correspondence to each other by email.

2. The Buyer shall deliver correspondence to the Seller to the email address specified in these Business Terms and Conditions. The Seller shall deliver correspondence to the Buyer to the email address specified in his customer account or order.

XI. Out-of-court Dispute Resolution

1. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://www.coi.cz/, is competent for out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform available at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show can be used to resolve disputes between the Seller and the Buyer arising from the purchase contract.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: https://evropskyspotrebitel.cz/co-udelat-nez-nas-kontaktujete/, is a 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).

3. The Seller is authorized to sell goods on the basis of a trade license. Trade control is carried out within its competence by the relevant trade office. The Czech Trade Inspection, among other things, carries out supervision over compliance with Act No. 634/1992 Sb., on Consumer Protection, within a defined scope.

X. Gift vouchers and special offers

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

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

3. It is forbidden to damage or forge the voucher. Forgery of the voucher is a criminal offence.

4. The amount and the voucher code are indicated on the gift voucher.

5. In order to redeem the voucher on the website, you must fill in the discount field in the Basket section, where you will enter the unique voucher code.

XI. Final Provisions

1. All agreements between the Seller and the Buyer shall be governed by the legal order of the Czech Republic. If the relationship based on the purchase contract contains an international element, then the Parties agree that the relationship shall be governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.

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.

3. All rights to the Seller's websites, in particular copyrights to the content, including the layout of the page, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the websites or any part thereof without the Seller's consent.

4. The Seller shall not be liable for errors arising from interventions by third parties in the online store or from its use in a manner contrary to its intended purpose. The Buyer may not use procedures when using the online store that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to unlawfully intervene or unlawfully use the software or other components that form the online store and use the online store or its parts or software in a manner that is contrary to its intended purpose.

5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

6. The purchase contract, including the business terms and conditions, shall be archived by the Seller in electronic form and shall not be accessible.

7. The Seller may change or supplement the wording of the business terms and conditions. This provision does not affect the rights and obligations arising during the validity of the previous wording of the business terms and conditions.

8. An example withdrawal form is attached to the business terms and conditions, which can be found here.

 

These business terms and conditions shall enter into force on 29. 8. 2019.