Terms and Conditions
of the company United Heels s.r.o., registered office Čimická 706/29, Prague 8 – Troja, 182 00, identification number: 28518187, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 147439, for the sale of goods through the online store located at the web addresses www.botish.cz, www.botish.sk, www.loveheels.eu, www.butysz.pl, and www.mp3centrum.cz
Translation Disclaimer: This is a translation of the original Terms and Conditions in Czech. In the event of any discrepancies, the Czech version shall prevail.
Introductory Provisions
These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of United Heels s.r.o., registered office Čimická 706/29, Prague 8 – Troja, 182 00, identification number: 28518187, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 147439 (hereinafter referred to as the "Seller"), regulate in accordance with § 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another individual (hereinafter referred to as the "Buyer") through the Seller’s online store. The online store is operated by the Seller on a website located at www.botish.cz, www.botish.sk, www.loveheels.eu, www.butysz.pl, and www.mp3centrum.cz (hereinafter referred to as the "Website"), via the web interface of the Website (hereinafter referred to as the "Web Interface of the Store").
The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting in the course of ordering goods within their business activity or independent profession.
Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.
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 Czech language. The Purchase Contract can be concluded in Czech, Slovak, English, and Polish. In case of discrepancies between the language versions, the Czech version shall prevail.
The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.
User Account
Based on the registration of the Buyer conducted on the Website, the Buyer can access their user interface. From their user interface, the Buyer can place orders for goods (hereinafter referred to as the "User Account"). The Buyer can also place orders for goods directly through the store's web interface without registration.
When registering on the Website and placing an order for goods, the Buyer is required to provide correct and truthful information. The Buyer is obliged to update the information provided in the User Account whenever they change it. The information provided by the Buyer in the User Account and when placing an order for goods is considered correct by the Seller.
Access to the User Account is secured by a username and password. The Buyer is obliged to keep confidential the information necessary to access their User Account.
The Buyer is not entitled to allow third parties to use the User Account.
The Seller may cancel the User Account, especially in cases where the Buyer has not used their User Account for more than 1 year or in cases where the Buyer has breached their obligations under the Purchase Contract (including the Terms and Conditions).
The Buyer acknowledges that the User Account may not be available continuously, especially considering the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of third parties' hardware and software equipment.
Conclusion of the Purchase Contract
All presentations of goods placed in the store's web interface are informational in nature, and the Seller is not obliged to conclude a Purchase Contract regarding these goods. The provisions of § 1732(2) of the Civil Code shall not apply.
The store's web interface contains information about the goods, including the prices of individual goods and the costs of returning goods if such goods cannot be returned by ordinary postal means by their nature. Prices of goods are indicated including value-added tax and all related fees. Prices of goods remain valid for the duration they are displayed in the store's web interface. Prices of goods are not adjusted for the Buyer based on automated decision-making. This provision does not limit the Seller's ability to conclude a Purchase Contract under individually agreed terms.
The store's web interface also contains information about the costs associated with packaging and delivering goods, as well as the method and time of delivery. In cases where the Seller offers free delivery of goods, the Buyer must pay the minimum total purchase price of the goods being delivered as stipulated in the store's web interface to qualify for free delivery. If the Buyer partially withdraws from the Purchase Contract and the total purchase price of the goods, for which there was no withdrawal from the contract, does not reach the minimum amount required to qualify for free delivery of goods according to the preceding sentence, the Buyer's right to free delivery of goods expires, and the Buyer is obliged to pay the delivery costs to the Seller.
To order goods, the Buyer fills out the order form in the store's web interface. The order form includes, in particular, information about:
the ordered goods (the Buyer "adds" the ordered goods to the electronic shopping cart in the store's web interface),
the method of payment of the purchase price of the goods, information about the desired method of delivery of the ordered goods, and
information about the costs associated with delivering the goods (hereinafter jointly referred to as the "Order").
Before sending the Order to the Seller, the Buyer is allowed to review and change the input data they have entered into the Order, including the Buyer's ability to identify and correct errors that occurred while entering data into the Order. The Buyer sends the Order to the Seller by clicking the "Order and Commit to Payment," "Objednať a zaviazať sa k platbe," "Order and Commit to Payment," "Zamówić i zobowiązać się do zapłaty," or a similar button with the same meaning. The information provided in the Order is considered correct by the Seller. The Seller immediately confirms receipt of the Order to the Buyer via email, at the email address provided by the Buyer in their User Account or in the Order (hereinafter referred to as the "Buyer's Email Address").
The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, anticipated delivery costs), to request additional confirmation of the Order from the Buyer (for example, in writing or by phone).
A contractual relationship between the Seller and the Buyer arises upon delivery of acceptance of the Order, which is sent by the Seller to the Buyer via email, at the Buyer's email address.
The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. Costs incurred by the Buyer for using remote communication means in connection with concluding the Purchase Contract (costs for internet connection, costs for telephone calls) are to be borne by the Buyer themselves, provided that these costs do not differ from the basic rate.
Price of Goods and Payment Terms
The Buyer may pay the price of the goods and any costs associated with delivering the goods under the Purchase Contract using the following methods:
in cash upon cash on delivery at the location specified by the Buyer in the Order, if this option is available at the time of the Order;
cashless transfer in Czech crowns to the Seller's account number 2800040835/2010, in Euros to the Seller's account number CZ21 2010 0000 0023 0008 5148, or in Polish zlotys to the Seller's account number CZ03 2010 0000 0028 0004 0835. The accounts are maintained by Fiobanka a.s. (hereinafter referred to as the "Seller's Account");
cashless via the RevolutPay, GooglePay, ApplePay payment system;
cashless by payment card;
in cash or by payment card upon personal collection at the parcel locker, if this option is available at the time of the Order;
Together with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with packaging and delivering the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price is also understood to include the costs associated with delivering the goods.
The Seller does not require the Buyer to pay a deposit or any other similar payment. This does not affect the provisions of Article 6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
In the case of payment in cash, cash on delivery, or at the parcel locker, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 10 days from the conclusion of the Purchase Contract.
In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the specification of the payment variable symbol. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the corresponding amount is credited to the Seller's account.
The Seller is entitled, in particular but not exclusively, in cases where the Buyer does not provide additional confirmation of the Order (Article 6) or where the Buyer has not collected their Order in the past, to request payment of the entire purchase price even before sending the goods to the Buyer. The provisions of § 2119(1) of the Civil Code shall not apply.
Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined mutually.
If, in the course of business, it is customary or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – invoice – regarding payments made based on the Purchase Contract to the Buyer. The Seller is a VAT payer. The Seller shall issue a tax document – invoice to the Buyer after receiving payment for the goods and send it in electronic form to the Buyer's electronic address or in paper form together with the ordered goods.
Withdrawal from the Purchase Contract
The Buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the Purchase Contract for the delivery of:
goods made to the Buyer's specifications or adapted to their personal needs,
goods subject to rapid deterioration or goods with a short shelf life, as well as goods that have been irreversibly mixed with other goods after delivery due to their nature,
goods in sealed packaging that, for health protection or hygiene reasons, cannot be returned after the Buyer has broken the seal, and
audio or video recordings or computer programs in sealed packaging if the Buyer has broken the seal.
If it is not a case mentioned in Article 1 of the Terms and Conditions or another case where withdrawal from the Purchase Contract is not possible, the Buyer has the right to withdraw from the Purchase Contract in accordance with § 1829(1) and (2) of the Civil Code within fourteen (14) days from the day the Buyer or a third party designated by them distinct from the carrier takes delivery of the goods, or:
the last item of goods, if the Buyer orders multiple items of goods within one Order, which are delivered separately,
the last item or part of a delivery of goods consisting of several items or parts, or
the first delivery of goods if a regular delivery of goods is agreed upon in the contract for a specified period.
Withdrawal from the Purchase Contract must be sent by the Buyer to the Seller within the period specified in Article 2 of the Terms and Conditions. To withdraw from the Purchase Contract, the Buyer may use the model form provided by the Seller, which is attached to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract, among other things, to the Seller's business address or to the Seller's email address eshop@botish.cz, eshop@botish.sk, sales@loveheels.eu, eshop@butysz.pl, or eshop@mp3centrum.cz.
In the event of withdrawal from the Purchase Contract, the Purchase Contract is cancelled from the outset. The Buyer must return the goods to the Seller without undue delay, no later than fourteen (14) days from the withdrawal from the contract, unless the Seller has offered to collect the goods themselves. The period according to the preceding sentence is maintained if the Buyer sends the goods before it expires. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by ordinary postal means due to their nature.
In the event of withdrawal from the Purchase Contract, the Seller will return the monetary funds received from the Buyer within fourteen (14) days from the withdrawal from the Purchase Contract, in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer when returning the goods to the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received monetary funds to the Buyer before the Seller receives the goods or before the Buyer proves that the goods have been sent back, whichever occurs first.
The right to claim damages arising from defects in the goods is something the Seller is entitled to unilaterally offset against the Buyer's claim for the return of the purchase price.
In cases where the Buyer, in accordance with § 1829(1) of the Civil Code, has the right to withdraw from the Purchase Contract, the Seller is also entitled to withdraw from the Purchase Contract at any time until the goods are taken over by the Buyer. In such cases, the Seller will return the purchase price to the Buyer without undue delay in the same manner as the purchase price was paid, or cashlessly to the account designated by the Buyer, if the purchase price was paid by cash on delivery.
If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift agreement regarding such a gift becomes void, and the Buyer is obliged to return the gift along with the goods to the Seller.
Transportation and Delivery of Goods
If the method of transportation is agreed upon based on the Buyer's special request, the Buyer bears the risk and any additional costs associated with this method of transportation.
If the Seller is obliged under the Purchase Contract to deliver the goods to the location specified by the Buyer in the Order, the Buyer is obliged to accept the goods upon delivery.
In the event that, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a manner different from what was specified 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 method of delivery.
Upon taking delivery of the goods from the carrier, the Buyer is obliged to check the integrity of the goods' packaging and immediately report any defects to the carrier. If the Buyer finds that the packaging has been breached, indicating unauthorized access to the shipment, the Buyer does not have to accept the shipment from the carrier. This does not affect the Buyer's rights from the Seller's liability for defects in the goods and other rights of the Buyer arising from generally binding legal regulations.
The Seller may, if necessary, regulate other rights and obligations of the parties regarding the transportation of goods through special delivery terms issued by the Seller.
Rights Regarding Defective Performance
The rights and obligations of the contracting parties regarding defective performance are governed by the relevant generally binding legal regulations (in particular, the provisions of §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
If the subject of the purchase is a tangible movable item that is connected with digital content or a digital content service in such a way that it cannot perform its functions without them (hereinafter referred to as the "Item with Digital Features"), the provisions regarding the Seller's liability for defects also apply to the provision of digital content or a digital content service, even if provided by a third party. This does not apply if it is evident from the content of the Purchase Contract and the nature of the item that the digital content or digital content service is provided separately.
The Seller is liable to the Buyer that the item has no defects upon delivery. In particular, the Seller is liable to the Buyer that the item:
corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed properties,
is suitable for the purpose for which the Buyer requests it and with which the Seller has agreed, and
is delivered with the agreed accessories and instructions for use, including assembly or installation instructions. Instructions for use may be provided on the store's web interface.
The Seller is liable to the Buyer that, in addition to the agreed properties:
the item is suitable for the purpose for which items of this kind are usually used, taking into account the rights of third parties, legal regulations, technical standards, or industry codes of conduct, unless there are technical standards,
the item in quantity, quality and other properties, including durability, functionality, compatibility and safety, corresponds to the usual properties of items of the same kind that the Buyer can reasonably expect, taking into account public statements made by the Seller or another person in the same contractual chain, especially advertising or labeling, unless the Seller proves that they were unaware or that it was adjusted at the time of conclusion of the Purchase Contract in at least a comparable manner to how it was made, or that it could not have influenced the Buyer's decision to purchase,
the item is delivered with accessories, including packaging, assembly instructions and other instructions for use that the Buyer can reasonably expect, and
the item corresponds in quality or execution to the sample or model provided by the Seller to the Buyer before concluding the Purchase Contract.
The provisions of Article 4 of the Terms and Conditions shall not apply if the Seller separately informed the Buyer before concluding the Purchase Contract that a certain property of the item differs and the Buyer explicitly agreed to it when concluding the Purchase Contract.
The Seller is also liable to the Buyer for defects caused by incorrect assembly or installation that were carried out by the Seller or under their responsibility in accordance with the Purchase Contract. This applies even if the assembly or installation was carried out by the Buyer and the defect occurred as a result of a deficiency in the instructions provided by the Seller or the provider of digital content or a digital content service, if the item has digital features.
If a defect manifests itself within one year of delivery, it is considered that the item was defective at the time of delivery, unless the nature of the item or the defect excludes this. This period does not run during the time the Buyer cannot use the item, provided that the defect was rightfully reported.
If the subject of the purchase is an item with digital features and digital content or a digital content service is to be provided continuously for a certain period according to the Purchase Contract, the Buyer can report a defect that occurs or manifests itself within two years of delivery. If fulfillment is to continue for a period longer than two years, the Buyer has the right to report a defect that occurs or manifests itself during this period. If the Buyer rightfully reports a defect, the period for reporting the defect does not run during the time the Buyer cannot use the item.
The provisions of Article 8 of the Terms and Conditions do not apply if the Seller separately informed the Buyer before concluding the Purchase Contract that updates will not be provided and the Buyer explicitly agreed to it when concluding the Purchase Contract.
If the Buyer does not perform the update within a reasonable time, they do not have rights from a defect that arose solely as a result of not performing the update. This does not apply if the Buyer was not informed about the update or the consequences of not performing it, or if the Buyer did not perform the update or performed it incorrectly due to a deficiency in the instructions. If digital content or a digital content service is to be provided continuously for a certain period according to the Purchase Contract and a defect occurs or manifests itself within the period according to Articles 8.1 and 7.8.2 of the Terms and Conditions, it is considered that the digital content or digital content service is provided defectively.
The Buyer may report a defect, which can be specifically claimed by the Buyer especially via email at eshop@botish.cz, eshop@botish.sk, sales@loveheels.eu, eshop@butysz.pl, or eshop@mp3centrum.cz, by phone at +420 608 875 453, or in person at Senovážné náměstí 8, Prague 1.
The party entitled to rights from defective performance is also entitled to compensation for costs reasonably incurred in exercising this right. However, if the Buyer does not exercise the right to compensation within one month after the deadline for reporting the defect, the court will not grant the right if the Seller objects that the right to compensation was not exercised in time.
Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's complaint procedure.
The Seller or another person may also provide the Buyer with a quality guarantee beyond the Buyer's statutory rights from defective performance.
Additional Rights and Obligations of the Contracting Parties
The Buyer acquires ownership of the goods by paying the entire purchase price of the goods.
The Seller is not bound by any codes of conduct in relation to the Buyer as per § 1820(1) of the Civil Code.
Handling of consumer complaints is ensured by the Seller via email. Complaints can be sent to the Seller's email address. The Seller will inform the Buyer about the handling of the complaint by sending an email to the Buyer's email address. No other complaint handling rules are established by the Seller.
The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the non-judicial resolution of consumer disputes from the Purchase Contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the Seller and the Buyer arising from the Purchase Contract.
The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point according 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).
The Buyer may address complaints to a supervisory or state authority. The Seller is authorised to sell goods based on a trade licence. Trade supervision is carried out by the relevant trade office within its scope of authority. Supervision over the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority oversees, among other things, compliance with the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended, to a defined extent.
The Buyer hereby assumes the risk of changes in circumstances as per § 1765(2) of the Civil Code.
Protection of Personal Data
The Seller fulfills its information obligation towards the Buyer pursuant to Article 13 of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) related to the processing of the Buyer's personal data for the purposes of fulfilling the Purchase Contract, negotiating the Purchase Contract, and fulfilling the Seller's public law obligations through a separate document.
Sending Commercial Communications and Storing Cookies
The Buyer agrees, pursuant to § 7(2) of Act No. 480/2004 Coll., on certain information society services and amending certain laws (Act on Certain Information Society Services), as amended, to receive commercial communications from the Seller at the Buyer's email address or phone number. The Seller fulfills its information obligation towards the Buyer pursuant to Article 13 of the GDPR related to the processing of the Buyer's personal data for the purposes of sending commercial communications through a separate document.
The Seller fulfills its legal obligations related to the potential storage of cookies on the Buyer's device through a separate document.
Delivery
The Buyer may be delivered to the Buyer's email address.
Final Provisions
If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. By choosing the law according to the preceding sentence, the Buyer who is a consumer is not deprived of the protection provided by the provisions of the legal system, which cannot be contractually deviated from, and which would otherwise apply in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, the provision replacing the invalid provision shall be one whose meaning most closely resembles that of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.
The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
The attachment to the Terms and Conditions constitutes the model form for withdrawal from the Purchase Contract, which can be found at the web address botish.cz/vymena-a-vraceni, www.botish.sk/vymena-a-vratenie, www.loveheels.eu/exchanges-and-returns, or www.butysz.pl/wymiana-zwrot.
Contact details of the Seller: registered office address Čimická 706/29, Prague 8 - Troja, 182 00, business address Senovážné náměstí 8, Prague 1, 110 00, email addresses eshop@botish.cz, eshop@botish.sk, sales@loveheels.eu, eshop@butysz.pl, or eshop@mp3centrum.cz, phone +420 608 875 453. The Seller does not provide any other means of online communication.
In Prague on March 12, 2024
You can find previous versions of the Terms and Conditions here.