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Terms of service

General Terms and Conditions

I.

Basic Provisions

These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”).

(name and surname/title) Vladimíra Baňárová, Komenského 244/32, 
České Budějovice 7, 370 01 České Budějovice

Company ID (IČ): 87540410

Tax ID (DIČ): 6857240500

with registered office: Matice školské 197/4, 370 01 České Budějovice - České Budějovice 7

registered with the court under file No. 330101/U2011/5063/ABa

contact details:

Email: info@step4feet.com

Phone: +420 724 093 155

Website: https://step4feet.cz/

(hereinafter referred to as the “Seller”)

  1. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase agreement outside the scope of their business activity as a consumer, or within the scope of their business activity (hereinafter referred to as the “Buyer”), through the web interface available at www.detskaobuv-shop.cz (hereinafter referred to as the “Online Store”).
  2. The provisions of these Terms and Conditions form an integral part of the Purchase Agreement. Any provisions agreed upon in the Purchase Agreement that differ from these Terms and Conditions shall take precedence over the provisions of these Terms and Conditions.
  3. These Terms and Conditions and the Purchase Agreement are concluded in the Czech language.

II.

 Information About Goods and Prices

  1. Information about the goods, including the prices of individual products and their main characteristics, is provided for each product in the Online Store catalog. Product prices include Value Added Tax (VAT), all related fees, and any costs associated with returning goods where such goods, by their nature, cannot be returned by standard postal services. Product prices remain valid for as long as they are displayed in the Online Store. This provision does not exclude the possibility of concluding a Purchase Agreement under individually negotiated terms.
  2. All presentations of goods displayed in the Online Store catalog are for informational purposes only, and the Seller is not obliged to conclude a Purchase Agreement regarding such goods.
  3. Information about the costs associated with packaging and delivery of goods is published in the Online Store. Information regarding packaging and delivery costs stated in the Online Store applies only to deliveries within the territory of the Czech Republic.
  4. Any discounts on the purchase price of goods may not be combined unless otherwise agreed between the Seller and the Buyer.

III.

Orders and Conclusion of the Purchase Agreement

  1. The Buyer shall bear any costs incurred when using means of distance communication in connection with concluding the Purchase Agreement (such as internet connection costs and telephone charges). These costs do not differ from the standard rates charged by the relevant service providers.
  2. The Buyer may place an order for goods in the following ways:

  • Through their customer account, provided they have previously registered in the Online Store;

  • By completing the order form without registration.

  1. When placing an order, the Buyer selects the goods, the quantity of goods, the method of payment, and the delivery method.
  2. Before submitting the order, the Buyer is allowed to review and modify the information entered into the order. The Buyer submits the order to the Seller by clicking the “Place Binding Order” button. The information provided in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory fields in the order form and the Buyer's confirmation that they have read and accepted these Terms and Conditions.
  3. Immediately after receiving the order, the Seller shall send the Buyer an acknowledgment of receipt of the order to the email address provided by the Buyer when placing the order. This acknowledgment is generated automatically and does not constitute acceptance of the order or conclusion of the contract. The current Terms and Conditions of the Seller shall be attached to the acknowledgment. The Purchase Agreement is concluded only upon acceptance of the order by the Seller. Notification of acceptance of the order shall be delivered to the Buyer’s email address.
  4. If the Seller is unable to fulfill any of the requirements specified in the order, the Seller shall send the Buyer a modified offer to the Buyer’s email address. The modified offer shall be considered a new proposal for a Purchase Agreement, and the Purchase Agreement shall be concluded when the Buyer confirms acceptance of the modified offer by email to the Seller at the email address specified in these Terms and Conditions.
  5. All orders accepted by the Seller are binding. The Buyer may cancel an order until the Seller’s acceptance of the order has been delivered to the Buyer. The Buyer may cancel the order by telephone or email using the contact details specified in these Terms and Conditions.
  6. If an obvious technical error occurs on the Seller’s side regarding the price of goods displayed in the Online Store or during the ordering process, the Seller is not obliged to deliver the goods at the clearly incorrect price, even if the Buyer has received an automatic acknowledgment of receipt of the order in accordance with these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer a corrected offer to the Buyer’s email address. The corrected offer shall be considered a new proposal for a Purchase Agreement, and the Purchase Agreement shall be concluded when the Buyer confirms acceptance of the offer by email to the Seller.

IV.

Customer Account

  1. Based on the Buyer's registration in the Online Store, the Buyer may access their customer account. Through the customer account, the Buyer may place orders for goods. The Buyer may also order goods without registration.
  2. When registering a customer account and when ordering goods, the Buyer is obliged to provide accurate and truthful information. The Buyer must update any information entered in the customer account whenever such information changes. The information provided by the Buyer in the customer account and when ordering goods shall be considered accurate by the Seller.
  3. Access to the customer account is secured by a username and password. The Buyer is obliged to keep confidential all information necessary to access their customer account. The Seller shall not be liable for any misuse of the customer account by third parties.
  4. The Buyer is not entitled to allow third parties to use their customer account.
  5. The Seller may cancel the customer account, particularly if the Buyer has not used the account for an extended period of time or if the Buyer breaches their obligations under the Purchase Agreement or these Terms and Conditions.
  6. The Buyer acknowledges that the customer account may not be available continuously, particularly due to necessary maintenance of the Seller's hardware and software systems or the hardware and software systems of third parties.

V.

Payment Terms and Delivery of Goods

  1. The Buyer may pay the purchase price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement using the following methods:

  • By bank transfer to the Seller’s bank account No. 3308996389/0800, held with Česká spořitelna;

  • By payment card;

  • By bank transfer through the Shopify Payments payment gateway;

  • In cash, cash on delivery (COD), or by payment card upon delivery of the goods;

  • In cash or by payment card upon personal collection at the Seller’s premises.

  1. In addition to the purchase price, the Buyer is obliged to pay the Seller the agreed costs of packaging and delivery. Unless expressly stated otherwise, the term “purchase price” also includes the costs associated with the delivery of the goods.
  2. When paying through a payment gateway, the Buyer shall follow the instructions provided by the relevant electronic payment service provider.
  3. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s bank account.
  4. The Seller does not require any advance payment or similar payment from the Buyer. Payment of the purchase price before shipment of the goods is not considered a deposit.
  5. In accordance with applicable legislation regarding sales records, the Seller is obliged to issue a receipt to the Buyer. The Seller is also obliged to record the received payment with the tax authority online; in the event of a technical outage, no later than 48 hours thereafter.
  6. The goods shall be delivered to the Buyer:

  • To the address specified by the Buyer in the order; or

  • By personal collection at the Seller’s premises at Matice školské 4, České Budějovice.

  1. The delivery method is selected by the Buyer during the ordering process.
  2. Delivery costs, depending on the selected method of shipment and receipt of the goods, are stated in the Buyer’s order and in the Seller’s order confirmation. If a particular method of transport is agreed upon at the Buyer’s special request, the Buyer shall bear the associated risks and any additional costs related to that method of transport.
  3. If the Seller is obliged under the Purchase Agreement to deliver the goods to the location specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery. If, for reasons attributable to the Buyer, it becomes necessary to deliver the goods repeatedly or by a method other than that specified in the order, the Buyer shall bear the costs associated with repeated delivery or the alternative delivery method.
  4. Upon receiving the goods from the carrier, the Buyer is obliged to inspect the integrity of the packaging and immediately notify the carrier of any defects. If the packaging shows signs of damage indicating unauthorized access to the shipment, the Buyer is not obliged to accept the shipment from the carrier.
  5. The Seller shall issue a tax document (invoice) to the Buyer. The invoice shall be sent to the Buyer’s email address.
  6. The Buyer acquires ownership of the goods only after full payment of the purchase price, including delivery costs, and no earlier than upon receipt of the goods. The risk of accidental loss, damage, or destruction of the goods passes to the Buyer upon receipt of the goods or at the moment when the Buyer was obliged to take delivery of the goods but failed to do so in breach of the Purchase Agreement.

VI.

 Withdrawal from the Purchase Agreement

  1. A Buyer who has concluded a Purchase Agreement outside the scope of their business activity as a consumer has the right to withdraw from the Purchase Agreement.
  2. To return goods, log in to your account on our online store. Select the item you wish to return and follow the return instructions provided in the system. Once you have selected the item, you will be able to submit a return request, and the process will be handled directly through your account. After receiving your request, we will contact you and provide further instructions.
  3. The withdrawal period is 14 days from:

  • The date of receipt of the goods;

  • The date of receipt of the final delivery of goods, if the contract covers several types of goods or delivery in several parts;

  • The date of receipt of the first delivery of goods, if the contract provides for the regular repeated delivery of goods.

  1. The Buyer may not withdraw from the Purchase Agreement, among other cases, in relation to:

  • The provision of services that have been fully performed with the Buyer's prior express consent before the expiry of the withdrawal period, where the Seller informed the Buyer before concluding the contract that, in such a case, the Buyer has no right of withdrawal;

  • The supply of goods or services whose price depends on fluctuations in the financial market beyond the Seller's control and which may occur during the withdrawal period;

  • The supply of alcoholic beverages that may be delivered only after thirty days and whose price depends on financial market fluctuations beyond the Seller's control;

  • The supply of goods made to the Buyer's specifications or clearly personalized;

  • The supply of goods liable to deteriorate or expire rapidly, as well as goods that have been irreversibly mixed with other goods after delivery;

  • The supply of sealed goods which are not suitable for return for health protection or hygiene reasons and which have been unsealed after delivery;

  • The supply of audio or video recordings or computer software if the Buyer has broken their original packaging;

  • The supply of newspapers, periodicals, or magazines;

  • The supply of digital content not supplied on a tangible medium where delivery began with the Buyer's prior express consent before the expiry of the withdrawal period and the Buyer acknowledged that they thereby lose their right of withdrawal;

  • Any other cases specified in Section 1837 of the Czech Civil Code.

  1. To comply with the withdrawal period, the Buyer must send a notice of withdrawal before the withdrawal period expires.
  2. To return goods, the Buyer must log in to their account on our online store, select the item they wish to return, and follow the return instructions provided in the system. After receiving the return request, we will contact the Buyer and provide further instructions.
  3. A Buyer who withdraws from the contract is obliged to return the goods to the Seller within 14 days of withdrawal. The Buyer shall bear the costs associated with returning the goods to the Seller, even where the goods cannot, by their nature, be returned by ordinary postal service.
  4. If the Buyer withdraws from the contract, the Seller shall refund all payments received from the Buyer, including delivery costs, without undue delay and no later than 14 days after receiving the notice of withdrawal. The refund shall be made using the same payment method used by the Buyer unless the Buyer agrees to another method that does not incur additional costs.
  5. If the Buyer selected a delivery method other than the least expensive delivery option offered by the Seller, the Seller shall refund delivery costs only up to the amount corresponding to the least expensive delivery method offered.
  6. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to refund the Buyer before the goods have been returned or before the Buyer provides proof that the goods have been dispatched back to the Seller.
  7. The Buyer must return the goods undamaged, unworn, clean, and, where possible, in their original packaging. The Seller is entitled to offset any claim for compensation for damage to the returned goods against the Buyer's claim for a refund of the purchase price.
  8. The Seller is entitled to withdraw from the Purchase Agreement if goods are out of stock, unavailable, or if the manufacturer, importer, or supplier has discontinued the production or supply of the goods. The Seller shall immediately inform the Buyer by email and shall refund all payments received under the contract, including delivery costs, within 14 days of notifying the Buyer of the withdrawal, using the same payment method unless otherwise agreed.
  9. For the first shipment of goods delivered free of charge to the Buyer's address, the following rule applies: if the Buyer requests an exchange of goods for any reason, a shipping fee of CZK 90 will be charged for each subsequent shipment, plus any additional amount resulting from a price difference between the exchanged goods, with delivery provided by DPD.
  10. The customer is responsible for the cost of return shipping when returning goods.

VII.

Rights Arising from Defective Performance 

  1. The seller is responsible to the buyer that the goods are free from defects upon acceptance. In particular, the seller is responsible to the buyer that at the time the buyer accepted the goods:
  • the goods have the properties agreed upon by the parties, and in the absence of such an agreement, have the properties described by the seller or the manufacturer or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
  • the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
  • the goods correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
  • the goods are in an appropriate quantity, measure or weight and
  • the goods comply with the requirements of legal regulations.
  1. If the defect becomes apparent within six months of the buyer's acceptance of the goods, it is assumed that the goods were defective upon acceptance. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear of the goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear and tear that the goods had when the buyer took them over, or if this results from the nature of the goods.
  2. In the event of a defect, the buyer may submit a complaint to the seller and request:
  • replacement for new goods,
  • repair of the goods,
  • a reasonable discount on the purchase price,
  • withdraw from the contract.
  1. The buyer has the right to withdraw from the contract,
  • if the goods have a significant defect,
  • if he cannot use the item properly due to the repeated occurrence of the defect or defects after repair,
  • in the event of a large number of defects in the goods.
  1. The Seller is obliged to accept the complaint at any establishment where the complaint can be accepted, or at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what the content of the complaint is 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 confirmation of the repair and its duration, or a written justification for rejecting the complaint.
  2. The Seller or an employee authorized by him shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be handled without delay, no later than 30 days from the date of filing the complaint, unless the Seller and the Buyer agree on a longer period. The futile expiration of this period is considered a material breach of contract and the Buyer has the right to withdraw from the purchase contract. The moment of filing a complaint is considered to be the moment when the buyer's will is expressed (the right to claim defective performance) to the seller.
  3. The seller informs the buyer in writing about the result of the complaint.
  4. The buyer does not have the right to claim defective performance if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.
  5. In the event of a justified complaint, the buyer has the right to compensation for the reasonably incurred costs incurred in connection with filing a complaint. The buyer may exercise this right against the seller within one month after the expiration of the warranty period.
  6. The buyer has the choice of the method of complaint.

11. The rights and obligations of the contracting parties regarding the rights of defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

VIII.

Delivery of Notices

  1. The contracting parties may deliver all written correspondence to each other by electronic mail.
  2. The Buyer shall send correspondence to the Seller using the email address specified in these Terms and Conditions.The Seller shall send correspondence to the Buyer using the email address provided in the Buyer’s customer account or stated in the order.

IX.

Alternative Dispute Resolution

  1. The competent authority for the out-of-court resolution of consumer disputes arising from a Purchase Agreement is the Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at: Štěpánská 567/15, 120 00 Prague 2, Czech Republic, Company ID (IČ): 000 20 869. The online dispute resolution platform available at https://ec.europa.eu/consumers/odr may be used for resolving disputes between the Seller and the Buyer arising from a Purchase Agreement.
  2. The European Consumer Centre Czech Republic, with its registered office at: Štěpánská 567/15, 120 00 Prague 2, Czech Republic. Website: http://www.evropskyspotrebitel.cz serves as the contact point under 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.
  3. The Seller is authorized to sell goods on the basis of a valid trade license. Trade licensing supervision is carried out by the competent Trade Licensing Office within its jurisdiction. The Czech Trade Inspection Authority, among other responsibilities, supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, within the scope defined by law.

X.

Final Provisions

  1. All legal relationships and agreements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If a relationship established by the Purchase Agreement contains an international element, the parties agree that such relationship shall be governed by the laws of the Czech Republic. This provision does not affect any consumer rights granted under mandatory applicable legislation.
  2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Czech Civil Code.
  3. All rights to the Seller’s website, including but not limited to copyrights in its content, page layout, photographs, videos, graphics, trademarks, logos, and other content and elements, belong exclusively to the Seller. It is prohibited to copy, modify, distribute, or otherwise use the website or any part thereof without the Seller’s prior consent.
  4. The Seller shall not be liable for errors arising as a result of interference by third parties with the Online Store or from the use of the Online Store contrary to its intended purpose. When using the Online Store, the Buyer must not engage in activities that could adversely affect its operation and must not perform any actions that could enable the Buyer or third parties to unlawfully interfere with, access, or use the software or other components of the Online Store. The Buyer must not use the Online Store, any part of it, or its software in any 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 Czech Civil Code.
  6. The Purchase Agreement, including these Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible.
  7. The Seller reserves the right to amend or supplement these Terms and Conditions. Such amendments shall not affect the rights and obligations that arose during the validity of a previous version of the Terms and Conditions.

 

These Terms and Conditions become effective as of 25 May 2018.




 

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