The terms and conditions apply to the purchase of goods in the online store of BOTAS a.s., operated on www.botas.cz (hereinafter referred to as “Online Store”).
These terms and conditions specify and clarify the rights and obligations of the supplier-seller BOTAS a. s. based in Skuteč, Smetanova 842, IČ (Reg. No.): 00013595, registered in the Commercial Register of the Regional Court in Hradec Králové, in Section B, Insert 148 (hereinafter referred to as BOTAS a. s.) and of the buyer-consumer.
The contractual relations are governed by the legal regulations of the Czech Republic, particularly the Civil Code and the Consumer Protection Act.
Consumer contract is a purchase agreement if the contracting parties are the consumer as one party and the supplier as the other party.
Goods are a movable item (e.g., footwear), which is the subject of a purchase-consumer agreement, including the original packaging, instructions and other accessories.
Supplier is the trading company BOTAS a. s., which in the conclusion and performance of the agreement acts within its commercial or other business activity. It is an entrepreneur/business that directly or via other businesses supplies goods to the buyer (hereinafter referred to as “Seller” or “Supplier”).
Buyer is a natural person or legal entity that purchases goods from the Supplier (hereinafter referred to as “Buyer”). Given applicable legal regulations, there is a difference between a buyer who is a consumer and a buyer who is not a consumer.
Consumer is a natural person who in the conclusion and performance of the agreement does not act within his/her commercial or other business activity or within the independent performance of his/her profession (hereinafter referred to as “Consumer”).
A buyer who is not a consumer is an entrepreneur/business that purchases products or uses services for the purpose of conducting business with these products or services. This buyer is governed by the terms and conditions in the scope applicable to him and by the general provisions on a purchase agreement.
1. The contractual relation between the Seller and Buyer is defined by the relevant legal regulations and by the purchase agreement, which includes these terms and conditions.
2. The offer to enter into a purchase agreement is made by placing the goods offered by the Supplier on the website of the Online Store, subject to the depletion of stock; the purchase agreement is entered into by the sending of a properly completed order by the Consumer and acceptance of the order by the Supplier. The Supplier shall immediately confirm this acceptance to the Consumer via an information email; this confirmation shall have no effect on the purchase agreement. The concluded agreement (its content as well as subject) can be amended or cancelled only by agreement of the parties or on the basis of reasons stipulated in legal regulations. If the Buyer is not a Consumer, the proposal to conclude a purchase agreement is the sent order of Goods by the Buyer, and the actual purchase agreement is concluded at the moment of the delivery of the Seller’s binding consent to this proposal to the Buyer.
3. By accepting the offer to conclude a purchase agreement – sending the order, the Buyer/Consumer confirms that he is familiar with these terms and conditions, including the claims/returns procedure, and agrees with them. The Buyer/Consumer is notified of the terms and conditions and the claims/returns procedure in a sufficient manner before the actual execution of the order and has the opportunity to become acquainted with them.
Specification of Goods and Price of Goods
1. A description of the Goods is always provided for individual goods directly in the Online Store.
2. The price of the Goods is always provided directly by the Goods and includes all taxes and fees. The Seller is authorized to charge, in addition to the price of the Goods, the costs of delivering the Goods to the Buyer/Consumer under the conditions stipulated by these terms and conditions.
The method used to pay the purchase price is agreed in the purchase agreement. The Buyer/Consumer is entitled to select the method used to pay the purchase price from the options offered by the Seller. The current options for paying the purchase price are always listed in the Seller’s Online Store, on the Seller’s website at www.botas.cz.
The Goods shall be delivered to the Buyer/Consumer to the address that is specified by him in the order. The Consumer/Buyer may choose the method of delivery, specifically via a shipping company; the details and current prices are always listed in the Seller’s Online Store on the Seller’s website at www.botas.cz.
Rights arising from Defective Performance / from the Guarantee
1. The Seller shall deliver to the Buyer/Consumer the purchased item in the agreed quantity, quality and design. If the quality and design have not been agreed, the Seller shall provide performance in a quality and design appropriate for the purpose evident from the agreement, otherwise for the usual purpose.
2. If the item, when taken over by the Consumer, is not in conformity with the Purchase Agreement (hereinafter referred to as “Conflict with the Purchase Agreement”), the Consumer shall have the right for the Seller to free of charge and immediately return the item to the state corresponding to the Purchase Agreement, specifically according to the Consumer’s request, either by exchanging the item or repairing it; if it is not possible to proceed in this manner, the Consumer may request a reasonable discount from the price of the item or he may withdraw from the agreement. This does not apply if the Consumer knew of the Conflict with the Purchase Agreement before taking over the item, or if he caused the Conflict with the Purchase Agreement himself. A Conflict with the Purchase Agreement that appears within six months of taking over the item shall be considered a conflict already existing before taking the item over, unless this is contrary to the nature of the item or the opposite is proven.
3. Further conditions of the method for claiming the rights arising from defective Goods are more fully set forth in the Seller’s claims/returns procedure.
4. The period for the settlement of claims shall be suspended if the Seller has not received the supporting documents required to properly settle the claim (proof of purchase of the Goods or part thereof). The Seller is obliged to request additional documents from the Consumer in the shortest possible time and to set a reasonable deadline for the Consumer to make additions to the claim. If the time limit expires, the Seller shall reject the claim.
5. The Seller reserves the right to cancel the order or part thereof after the conclusion of the Purchase Agreement on the basis of an agreement with the Consumer. If the Consumer has already paid a part of or the full Purchase Price, this amount shall be transferred back to his account or to his address and the agreement shall be terminated.
6. Gifts and other items that are provided completely free of charge are not subject to the rules of these terms and conditions. Such gratuitous transactions meet the conditions of a contract of gift and all norms under applicable legislation of the CR.
Information about the Consumer’s Right to Withdraw from the Agreement
The provisions of this Article shall apply solely to the Consumer.
1. If the Purchase Agreement is concluded by means of distance communication, i.e., in the Online Store, the Consumer shall have the right to withdraw from the agreement within 14 days of taking over the Goods without giving a reason. The Consumer shall inform the Seller, in writing, that he is withdrawing from the agreement, and he shall provide the order number, date of purchase and account number for the refund. The withdrawal from the agreement must be delivered no later than on the last day of the 14-day period to the address of the headquarters of BOTAS a. s. The Consumer may not withdraw from an agreement where the nature of the agreement precluded withdrawal; a list of such agreements is provided in legal regulations. The Consumer is entitled to use the Agreement Withdrawal Form, which is an integral part of these terms and conditions, to withdraw from the agreement. The withdrawal from the agreement must be delivered by the Consumer, among other things, to the address of BOTAS a.s. or to the email address email@example.com.
2. If the Consumer exercises his right to withdraw from the agreement within 14 days of taking over the performance, he must within 14 days surrender to the Supplier everything that he obtained under the Purchase Agreement. If this is no longer reasonably possible (e.g., the Goods were destroyed or consumed in the meantime), the Consumer must provide monetary compensation in return for the items that can no longer be surrendered. If the returned Goods are only partially damaged or if they are incomplete, the Seller may pursue against the Consumer his right to the compensation of damage and offset his claim against the refunded price. The Consumer agrees to the offsetting of the claim of the Supplier – Seller. In such a case, the Seller shall be obligated to prove the damage incurred. In such a case, the Seller shall refund to the Consumer the Purchase Price that is equal to the amount after the offsetting is performed.
3. In the event of withdrawal from the agreement, the Consumer shall bear the costs of returning the Goods.
4. In the event of withdrawal from the agreement, the Seller shall return to the Consumer, without undue delay, no later than within 14 days of the withdrawal from the agreement that is the subject of performance of the Purchase Agreement from which the Consumer is withdrawing, all funds that he has accepted from the Consumer under the Purchase Agreement, including any costs of delivering the Goods to the Consumer. If the Consumer chose a means of transport other than the least expensive means of transport offered to him by the Seller, the Seller shall return to the Consumer the costs of delivering the Goods in the amount corresponding to the least expensive delivery of Goods.
5. The Seller reserves the right to cancel orders for Goods bearing the term “not in stock” if it is no longer possible to supply these Goods or to replace them with another model, or if the price of these Goods changes significantly and the Consumer does not accept this before the conclusion of an actual Purchase Agreement. The Seller shall inform the Consumer of this situation. If the entire order or part thereof is already paid, the Consumer shall receive a refund to his account.
6. The Consumer shall not be entitled to withdraw from the agreement in cases listed in § 1837 of Act No. 89/2012 Coll., the Civil Code, as amended.
Ensuring the Protection of Personal Data
1. Information about Buyers/Consumers is stored in accordance with the applicable laws of the Czech Republic, particularly Act No. 101/2000 Coll., on the Protection of Personal Information, as subsequently amended.
2. By entering into the agreement, the Buyer/Consumer agrees to the processing and collection of his personal data in the Seller’s database after successful execution of the agreement, specifically until he provides a written statement disagreeing with this processing.
3. The Buyer/Consumer has the right to access his personal information, the right to have it corrected, as well as other legal rights associated with this information. Personal information can be removed from the database on the basis of the Buyer’s/Consumer’s written request. The personal information of the Buyers/Consumers is fully secured against abuse. The Supplier shall not transfer the personal information of Buyers/Sellers to any other parties, with the exception of external shipping companies, to whom the personal information of Buyers/Consumers shall be transferred in the minimum extent necessary for delivering the Goods.
4. Following their conclusion, individual agreements are archived by the Online Store operator in electronic format and they are accessible only to the operator of the Online Store.
Out-of-court Settlement of Consumer Complaints
The Seller informs the Consumer that in the event of an out-of-court complaint, the Consumer can contact the supervisory authority, which is the Czech Trade Inspection. The Czech Trade Inspection handles out-of-court complaints in a manner and under the conditions prescribed by applicable legal regulations.
Smetanova 842, Skuteč, Post Code 539 73
Phone No.: the current phone number is listed on the Seller’s website www.botas.cz
1. These terms and conditions apply in the version provided on the Seller’s website on the day of the conclusion of the Purchase Agreement. The Consumer’s order, after its confirmation as an agreement entered into by the Buyer and Seller, is archived for the purpose of its execution and future record-keeping, and its status is accessible to the Buyer. The agreement may be concluded in the Czech language, and the Supplier also respects the English language. By purchasing, the Buyer/Consumer agrees to receive commercial information.
2. These terms and conditions allow the Buyer/Consumer to archive and make copies of them. When the Purchase Agreement is concluded, the Buyer/Consumer accepts all provisions of the terms and conditions in the version in force at the date of the dispatch of the order, including the price of the ordered Goods specified in the confirmed order, unless the parties demonstrably agreed otherwise in the particular case.
3. These terms and conditions enter into force on 1. 12. 2014
Annex No. 1 - Notice of withdrawal from the agreement