Terms and Conditions
Terms and Conditions of Topshelf s.r.o.
with registered office at Bartoškova 4, Prague 140 00
identification number: 03476812
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 232022
for the sale of goods through the on-line shop located at www.ferwer.com
- INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Topshelf s.r.o., with registered office at Bubenské nábřeží 705/8, identification number: 03476812, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 232022 (hereinafter referred to as "Seller") regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online shop is operated by the Seller on a website located at the internet address www.ferwer.com (hereinafter referred to as the "website"), through a website interface (hereinafter referred to as the "website interface").
1.2. The Terms and Conditions do not apply if the person intending to purchase goods from the Seller is a legal person or a person acting in the course of his business or profession when ordering goods.
1.3. Deviating provisions in the Purchase Contract shall prevail over the provisions of the Terms and Conditions.
1.4 The provisions of the Terms and Conditions shall form 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 may be concluded in the Czech language.
1.5. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the terms and conditions.
- USER ACCOUNT
2.1. From his/her user interface, the Buyer can place orders for goods (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer may also order goods without registration directly from the web interface of the Shop.
2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account in case of any change. The data provided by the Buyer in the user account and when ordering goods are considered correct by the Seller.
2.3. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her user account.
2.4. The Buyer is not entitled to allow third parties to use the user account.
2.5. The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 10 years or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
2.6. The Buyer acknowledges that the user account may not be available continuously, in particular with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.
- CONCLUSION OF THE PURCHASE CONTRACT
3.1. The provisions of Section 1732(2) of the Civil Code shall not apply.
3.2 The web interface of the Shop shall contain information about the goods, including the prices of the individual goods and the costs for returning the goods if the goods by their nature cannot be returned by the usual postal route. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not restrict the Seller's ability to conclude a purchase contract on individually agreed terms.
3.3. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the shop.
3.4.1. the goods ordered (the goods ordered are "inserted" by the Buyer into the electronic shopping cart of the web interface of the Shop),
3.4.2. the method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods and
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
3.5. Before sending the order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the order, including with respect to the Buyer's ability to detect and correct errors arising from entering data into the order. The Buyer sends the order to the Seller by clicking on the "Confirm" button. The data provided in the order is considered correct by the Seller. The Seller shall confirm the receipt of the order to the Buyer by e-mail immediately after receipt of the order, to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as "Buyer's e-mail address").
3.7. The contractual relationship between the Seller and the Buyer is established by the delivery of the order acceptance (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
3.8. The costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself, and these costs shall not differ from the basic rate.
- PRICE OF GOODS AND TERMS OF PAYMENT
4.1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
- in cash at the Seller's business premises at Bubenské nábřeží 705/8, 17000 Prague - Holešovice ;
- in cash on delivery at the location specified by the Buyer in the order;
- by wire transfer to the Seller's account no. 273898290/0300 , kept at ČSOB a.s. (hereinafter referred to as "Seller's account");
- cashless via the payment system Paypal
- cashless via payment card through the payment gateway GoPay;
- cashless via payment card;
4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cashless payment, the purchase price is payable within 5 working days of the conclusion of the purchase contract.
4.5. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.
4.6. The Seller is entitled, especially in the event that there is no additional order confirmation from the Buyer (Article 3.6), to require payment of the full purchase price before the goods are shipped to the Buyer. The provisions of § 2119, paragraph 1 of the Civil Code shall not apply.
4.7. Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined.
4.8. The Seller is a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.
4.9. At the same time, he is obliged to register the received sales with the tax administrator online; in case of a technical failure, then no later than 48 hours.
- WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, the Buyer may not withdraw from, inter alia, a contract of sale for the supply of goods that have been modified to the Buyer's wishes or for the Buyer's person, a contract of sale for the supply of perishable goods, as well as goods, which has been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons, and from a contract for the supply of an audio or visual recording or a computer program if the original packaging has been damaged.
5.2. Unless it is a case referred to in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, in accordance with the provisions of Section 1829 (1) of the Civil Code, where the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. The buyer may use the sample form provided by the seller to withdraw from the purchase contract. The Buyer may send the withdrawal from the Purchase Contract to, among others, the Seller's business address or the Seller's e-mail address.
5.3. The Goods must be returned by the Buyer to the Seller within fourteen (14) days of the delivery of the withdrawal from the Purchase Agreement to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route.
5.4.ferwer.com/obchodni-podminky.html#Ref193470759">5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Agreement in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by 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 funds to the Buyer before the Buyer returns the goods to the Seller or proves that he has sent the goods to the Seller.
5.6 In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.
5.8. In the case of returning only part of the order, the Buyer will be reimbursed for the costs associated with shipping, if they were not charged for the original order due to the conditions for free shipping and the value of the retained part of the order does not exceed CZK 2500.
- PREPARATION AND DELIVERY OF GOODS
6.1. In the event that the method of transport is agreed upon based on a special request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this method of transport.
6.2. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer shall take delivery of the goods upon delivery.
6.3. In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different manner than that specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
6.4. Upon receipt of the goods from the carrier, the Buyer shall inspect the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event that the packaging is found to have been breached, indicating that the shipment has been tampered with, the Buyer may not accept the shipment from the carrier.
6.5 Other rights and obligations of the parties in the carriage of the goods may be governed by the Seller's Special Conditions of Delivery, if issued by the Seller.
- RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the parties regarding rights from defective performance are governed by the relevant 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 and Act No. 634/1992 Coll, on consumer protection, as amended).
7.2.1. the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the Seller or the manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or pattern if the quality or workmanship was determined by reference to the agreed sample or pattern,
7.2.4. the goods are of the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the requirements of the legislation.
7.3.2 shall not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use, or in the case of second-hand goods to a defect corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or if this results from the nature of the goods.
7.4. The Buyer shall be entitled to exercise the right of defect which appears in consumer goods within twenty-four months of receipt.
7.5 The Buyer shall exercise the rights of defective performance with the Seller at the address of the Seller's business premises where the acceptance of the claim is possible with regard to the range of goods sold.
7.6 Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.
- OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's electronic address.
8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the Purchase Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
8.5.524/2013 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).
8.6. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll. within a defined scope, The Buyer acknowledges that the Seller shall not be liable for any errors resulting from third party interference with the Website or from the use of the Website contrary to its intended use.
8.8. The Buyer hereby assumes the risk of change of circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
- PERSONAL DATA PROTECTION
9.1. 13 of the Regulation 2016/679 of the European Parliament and of the Council 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) (hereinafter referred to as the "GDPR") relating to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Agreement, for the purposes of the negotiations of this Agreement and for the purposes of the performance of the Seller's public law obligations, the Seller shall fulfil the Seller's obligations by means of a special document.
- SENDING BUSINESS MESSAGES AND STORING COOKIES
10.1. The Buyer consents to the sending of information relating to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of business communications by the Seller to the Buyer's electronic address.
10.2. In the event that a purchase can be made on the website and the Seller's obligations under the Purchase Agreement can be fulfilled without storing cookies on the Buyer's computer, the Buyer may withdraw consent under the previous sentence at any time.
11.1. The Buyer may be delivered to the Buyer's electronic address.
11.2. Unless otherwise agreed, all correspondence relating to the Purchase Agreement must be delivered to the other party in writing by electronic mail, in person or by registered mail through a postal service provider (at the sender's option). The Buyer shall be served at the electronic mail address specified in his/her user account.
- CONCLUDING PROVISIONS
12.1. By choosing the law according to the preceding sentence, the buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of 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).
12.2. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. The sample form for withdrawal from the Purchase Contract, the sample form for withdrawal from the Purchase Contract, the Complaints Procedure and the Complaints Form are annexed to the Terms and Conditions.
12.5, Bartoškova 4, 14000 Prague 4, e-mail address email@example.com ,
In Prague on 1.1.2021so that it does not move.
2. Place your left foot in the middle of the sheet and precisely trace around it with a pen.
Attention! Keep the pen perpendicular to the sheet!
3. Use a ruler to measure the length of your foot - take into account the outermost points of the length of your foot (usually the distance from heel to toe).
"The length of your feet may differ from each other. If this is the case, choose a larger foot to determine your size.
"It is recommended that the shoe be about 0.5 cm longer than the foot.
"Shoe sizes vary from one manufacturer to another (e.g. Inkkas size 44 may be different from Perka size 44). When choosing a size, you should refer to each brand's individual size chart, which is available on the individual product pages.
" Size chart is available on each product page.