These General Terms and Conditions (hereinafter only as the “General Terms”) of on-line e-shop www.footfetishfamily.fun, with its registered office at Maxičky 18, Děčín XVII, 405 02, identification number 09649433, registered in the Commercial Register kept at the Regional Court in Praha (hereinafter only as the “Seller”) govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter only as the “Civil Code”), the mutual rights and duties of the Contracting Parties arising out of or on the basis of the Purchase Agreement or an order confirmed by the Seller (hereinafter only as the “Purchase Agreement”) concluded between the Seller and any other natural person, in particular a consumer (hereinafter only as the “Buyer”) by means of the internet store of the Seller. The internet shop is operated by the Seller on a website located at the internet address http://www.footfetishfamily.fun (hereinafter only as the “Website”) through the web interface (hereinafter only as the “Web Interface of the Store").
Any provisions derogating from the General Terms may be negotiated in the Purchase Agreement. Any derogative arrangements in the Purchase Agreement shall take precedence over the provisions of the General Terms.The provisions of the General Terms form an integral part of the Purchase Agreement.
The General Terms and Purchase Agreement are issued in Czech language. Purchase Agreement can be concluded in Czech language.
The Seller may unilaterally modify or supplement the wording of the General Terms. The rights and duties arising during the period of validity of the previous wording of the General Terms shall remain unaffected.
CONCLUDING THE PURCHASE AGREEMENT
All presentations of goods placed on the Web Interface of the Store are informative and the Seller is not obliged to conclude a Purchase Agreement for these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
The Web Interface of the Store contains information about the goods, including the indication of the prices of the individual goods and the costs of returning the goods if these goods cannot be returned through the usual postal route. The goods prices are indicated including the value added tax and all related fees. The goods prices remain valid for as long as they are displayed on the Web Interface of the Store.
The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods provided in the web interface of the store is valid only in cases where the goods are delivered within the territory of the European Union (hereinafter "EU"). In the case of delivery of goods outside the EU, the buyer will be contacted with the delivery price to the buyer's address.
To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
· the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
· the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").
Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Send order" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the order (hereinafter referred to as the "Buyer's e-mail address").
For the avoidance of doubt, the Purchase Agreement is not entered into unless the Buyer's order is confirmed or accepted with a reserve by the Seller.
The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address.
The Buyer agrees to use remote means of communication when concluding the Purchase Agreement.
PRICE OF GOODS AND PAYMENT TERMS
The method of determining the price, taxes and fees, and the delivery prices shall set by the Seller and approved by the Buyer prior to the Purchase Agreement has been confirmed by the Seller. The Seller shall determine the following payment methods:
By wire transfer to the Seller's bank account number 1720347031/3030 kept at Air Bank (hereinafter referred to as "Seller's bank account").
Together with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with the packaging and delivery of the goods at the agreed amount. Unless otherwise specified, the purchase price further means also all cost associated with the pakaging and delivery.
In the case of a non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with indicating the variable payment symbol. In the case of a non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
Unless expressly stated by the Seller, discounts cannot be combined at the same time.
WITHDRAWAL FROM THE PURCHASE AGREEMENT
The Buyer acknowledges that under the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase agreement for the supply of goods which have been customised according to the Buyer's wish or for them and from the purchase
agreement for the delivery of the goods in sealed packaging in the case of the goods removed from the packaging by the consumer, the goods cannot be returned for hygienic reasons.
If the case is not referred to in the General Terms or in another case when the Purchase Agreement cannot be withdrawn, the Buyer may withdraw from the Purchase Agreement in accordance with the provisions of Section 1829 (1) of the Civil Code within 14 days upon receipt of the goods, whereas in the case that the subject matter of the Purchase Agreement contains multiple types of goods or the delivery of multiple parts, the time limit shall commence to run upon receipt of the last delivery of the goods. The withdrawal from the Purchase Agreement shall be sent to the Seller within the time limit specified in the previous sentence.
The Buyer may also send the withdrawal from the Purchase Agreement, to the address of the Seller's facilities or to the Seller's e-mail address: email@example.com
In the case of withdrawal from the Purchase Agreement according to the General Terms, the Purchase Agreement shall be set aside completely. The goods shall be returned to the Seller within 14 days upon the Seller's withdrawal. In the event that the Buyer withdraws from the Purchase Agreement, the Buyer shall bear the cost of returning the goods to the Seller, even if the goods cannot be returned using a common postal route due to their nature.
In the event of withdrawal from the Agreement under the General Terms, the Seller shall return the funds received from the Buyer within 7 days of the withdrawal from the Purchase Agreement in the same manner as the Seller has received the funds from the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods.
The Seller may set off the claim for the compensation of the damage to the goods against the claim for the refund of the purchase price.
The Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer receives the goods. In such a case, the Seller shall refund the purchase price to the Buyer without undue delay using a bank transfer to the account specified by the buyer.
TRANSPORT AND SUPPLY OF GOODS
In the event that the mode of transport is agreed upon on the basis of a Buyer's special request, the Buyer shall bear the risk and any additional costs associated with this mode of transport.
If, according to the Purchase Agreement, the Seller is obliged to deliver the goods in the place specified by the Buyer in the order, the Buyer shall take over the goods upon delivery.
In the event that, due to the reasons on the Buyer's side, the goods need to be delivered repeatedly or in any other manner than specified in the order, the Buyer shall bear the costs associated with the repeated delivery or the costs associated with the other delivery method.
Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of damage to the packaging indicating unauthorised entry into the consignment, the Buyer is not required to take delivery of the consignment from the carrier.
Any other rights and obligations of the Parties concerning the carriage of goods may be regulated by the Seller's specific delivery terms, if issued by the Seller.
RIGHTS OF DEFECTIVE PERFORMANCE
The rights and obligations of the Parties regarding defective performance are governed by applicable 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).
The Seller is responsible to the Buyer for the goods to be free from defects. In particular, the Seller warranties to the Buyer that at the time the Buyer took over the goods:
◦ The goods have properties which the Parties have agreed and, if any such arrangement has not been agreed upon, the goods have properties which the Seller or the manufacturer has described or which the Buyer expects with regard to the nature of the goods and on the basis of the relevant advertising;
◦ The goods are fit for the purpose which is indicated by the Seller or to which goods of this type are normally used; the goods correspond to the quality or performance of the agreed sample or model if the quality or design has been determined on the basis of the agreed sample or model; the goods are in the appropriate quantity, degree or weight; and the goods comply with the requirements of the applicable legal regulations.
The provisions of the General Terms shall not apply to goods sold at a lower price due to a defect for which a lower price has been agreed, due to the wear and tear of the goods caused by their normal use, in the case of second- hand goods, due to the defect corresponding to the degree of use or wear and tear which the goods had at the time of the receipt by the Buyer, or if it results from the nature of the goods.
The rights of defective performance shall be exercised by the Buyer at the Seller's address of the facilities where the claim may be accepted with regard to the range of goods sold, eventually even at the registered office or the place of business. The moment of claim is considered to be the moment when the Seller received the claimed goods from the Buyer.
Any other rights and obligations of the Parties related to the Seller’s liability for defects may be regulated by the Seller's complaint rules.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
The Buyer acquires ownership of the goods upon the payment of the full purchase price of the goods. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1) (e) the Civil Code. Consumer complaints and out-of-the-court settlements are handled by the Seller via the electronic address: firstname.lastname@example.org. The Seller shall send the information on handling the Buyer's complaint to the electronic address of the Buyer.
The seller is entitled to sell goods on the basis of a trade license. Trade Licensing is performed within the scope of its competence by the Trade Licensing Office. supervision over the area of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with the Act No. 634/1992 Coll., on Consumer Protection, as amended.
PROTECTION OF PERSONAL DATA
Protection of personal data (hereinafter the "GDPR") of the Buyer, as an individual, is held in accordance with the Act No. 101/2000 Coll., on Protection of individuals, as amended; and Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016.
The buyer is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller without undue delay about a change in his personal data.
The seller may authorize a third party to process the buyer's personal data as a processor. The seller has a written contract with all processors.
Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner. The Buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data for the purpose of fulfilling this contract, legal obligations or legitimate interests of the seller.
In the event that the buyer considers that the seller or processor performs the processing of his personal data, which is contrary to the protection of privacy and personal life of the buyer or contrary to law, especially if the personal data are inaccurate with respect to the purpose of their processing, can contact the administrator by e-mail: email@example.com
If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.
The buyer is obliged to provide true and current personal data of his personal data. The seller does not have access to the buyer's credit card information. The Seller describes the detailed rules for the handling of personal data in the Personal Data Processing Policy. Sending business messages and storing cookies. The seller is entitled to send the buyer information related to the goods, services, order, user account or business of the seller to the electronic address of the buyer (transaction e-mails).
The seller is entitled to send commercial messages to promote similar products and services to those who have given prior consent or to their existing customers, unless they express disagreement.
The Seller stores so-called cookies on the Buyer's computer, which he necessarily needs to operate the website and e-shop. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without storing so-called cookies on the buyer's computer, the buyer may give consent or disagreement to the storage of cookies on his device.
It can be delivered to the buyer to the buyer's email address.
If a relationship based on the Purchase Agreement contains an international (foreign) element, then the Parties agree that any such relationship shall be governed by the Czech law. This shall not affect the consumer's rights under generally binding legal regulations.
In the event that any provision of the General Terms is invalid or ineffective, or if it so becomes, the invalid or ineffective provision shall be replaced with a provision the meaning of which is as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
Contact details of the Seller: address of service: Maxičky 18, Děčín XVII, 405 02, electronic mail address: firstname.lastname@example.org