1. These terms and conditions govern the mutual rights and obligations of the seller and the buyer (hereinafter referred to as the " buyer "), who enter into a purchase contract for goods through the web interface located on the website available at the internet address www.purekickz.cz (hereinafter the " online store ") or in another way.
2. The provisions of the terms and conditions are an integral part of the contract concluded between the parties essentially through the online store.
3. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
4. The purchase of Goods is possible only through the web interface of the E-shop.
5. When purchasing Goods, it is your duty to provide us with all information correctly and truthfully.
6. We will therefore consider the information you have provided Us in the Order to be correct and true.

2. CONCLUSION OF CONTRACT

1. It is possible to conclude a contract with Us only in the Czech language.
2. The contract is concluded remotely via the E-shop, while the costs of using remote communication means are covered by you. However, these costs do not differ in any way from the basic rate that you pay for the use of these resources (that is, especially for Internet access), so you do not have to expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree that we use the means of remote communication.
3. In order for us to conclude the Agreement, you need to create an Order on the E-shop. This proposal must include the following information:
4. Information about the purchased Goods (in the E-shop, you mark the Goods you are interested in purchasing with the "Add to basket" button);
5. Information on the Price, Shipping Price, method of payment of the Total Price and required method of delivery of the Goods; this information will be entered as part of the creation of the Order within the user environment of the E-shop, while the information on the Price, Shipping Price and Total Price will be entered automatically based on the Goods selected by you, the method of delivery and payment;
6. Your identification and contact data used to enable us to deliver the Goods, in particular name, surname, delivery address, telephone number and email address.
7. During the creation of the Order, he can change and check the data until its completion. After checking by pressing the "Pay" button, you complete the Order. By pressing the "Complete order" button, you confirm that you are familiar with the terms and conditions. After clicking, your order will be sent to us.
8. We will confirm your Order as soon as possible after it has been delivered to Us with a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order.
9. There may also be cases when we will not be able to confirm your Order. These are especially situations where the Goods are not available or cases where you order a larger number of Goods than is allowed on our part. However, we will always provide you with information on the maximum number of Goods in advance within the E-shop, so it should not be surprising to you. In the event that there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In such a case, the contract is concluded when you confirm Our offer.
10. In the event that an obviously incorrect Price is stated within the E-shop or in the Order, we are not obliged to deliver the Goods to you at this Price, even if you have received confirmation of the Order and therefore concluded the Contract. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to the Order. In such a case, the new Contract is concluded at the moment when you confirm Our offer. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other sellers or a figure is missing or missing.
11. In the event that the Contract is concluded, you are obligated to pay the Total Price.
12. If you have set up a User Account, you can place an Order through it. Even in such a case, however, you are obliged to check the correctness, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that you do not need to repeatedly fill in your identification data.
13. In some cases, we allow you to use a discount for the purchase of Goods. In order to provide a discount, you need to fill in the information about this discount in the predetermined field as part of the draft Order. If you do so, the Goods will be provided to you at a discount.

3. Withdrawal from the contract

1. Withdrawal from the Agreement, i.e. the termination of the contractual relationship between Us and You from its inception, may occur for the reasons and methods specified in this article, or in other provisions of the Terms and Conditions, in which the possibility of withdrawal is explicitly stated.
2. If you are a consumer, i.e. a person purchasing Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of conclusion of the Contract, or if it is a purchase of goods, then within fourteen days of its receipt. In the event that we have concluded a Contract, the subject of which is several pieces of Goods or the delivery of several parts of the Goods, this period begins to run only on the day of delivery of the last piece or part of the Goods, and in the event that we have concluded a Contract on the basis of which we will deliver the Goods to you regularly and repeatedly, begins to run on the date of delivery of the first delivery.
3. You may withdraw from the Agreement by any demonstrable means (in particular by sending an e-mail or letter to Our addresses listed in Our identification data).
4. To opt-out, please visit your customer account page to initiate the opt-out process.
5. Even as a consumer, however, you cannot withdraw from the Contract in cases where the subject of the Contract is the fulfillment specified in Section 1837 of the Civil Code.
6. In the event of withdrawal from the Contract, the Price will be returned to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account selected for withdrawal from the Contract. However, the amount will not be refunded until you return the Goods to Us or until you prove that they have been sent back. Please return the goods to us clean, including the original packaging.
7. Withdrawal from the contract is not possible in the case of the purchase of modified goods (sewn, stitched, repaired, sanded, etc.) or made to order according to the customer's requirements. It is about the production of an item to order according to the relevant provisions of Act No. 367/2000 Coll., Civil Code. If the buyer changes their mind during production, the seller must still pay the full price.
8. In the event of a proven manufacturing defect in the goods, the buyer can request a repair, or financial compensation for the damage, or a refund of the entire amount.
9. If the buyer is a consumer, the warranty period is 12 months.
10. In the event of withdrawal from the Contract according to the Terms and Conditions, you are obliged to send the Goods to Us within 14 days of withdrawal and bear the costs associated with returning the goods to Us. You, on the other hand, are entitled to a refund of the shipping price, but only in the amount corresponding to the cheapest method of delivery of the Goods offered , which we offered for the delivery of the Goods.
11. In the event of withdrawal due to the fact that We violate the concluded Agreement, we also pay the costs associated with returning the goods to Us, but again only up to the amount of the price for transport in the amount corresponding to the cheapest offered method of delivery of the Goods that we offered at the time of delivery of the Goods.

4. PRICING AND PAYMENT TERMS, RESERVATION OF TITLE

1. The price is always stated within the E-shop, in the draft Order and, of course, in the Contract. In the event of a discrepancy between the Price specified for the Goods in the E-shop and the Price specified in the Order summary, the Price specified in the order summary will apply, which will always be identical to the price in the Contract. As part of the draft Order, the Price for shipping, or the conditions under which shipping is free, is also indicated.
2. The total price is shown including all fees established by law.
3. We will require you to pay the Total Price after concluding the Contract and before handing over the Goods. You can pay the Total Price in the following ways:

• By bank transfer. We will send you payment information as part of the Order confirmation. In the case of payment by bank transfer, the total price is payable within 5 days
• By card online. In such a case, payment is made through the Shopify payment gateway, and payment is governed by the terms and conditions of this payment gateway, which are available at: shopify.com . In the case of payment by card online, the total price is payable within 5 days
• Cash on delivery. In such a case, payment will be made upon delivery of the Goods as opposed to delivery of the Goods. In the case of payment by cash on delivery, the Total price is payable upon receipt of the Goods.

1. The invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address. The invoice will also be physically attached to the Goods and available in the User Account.
2. Ownership of the Goods is transferred to you only after you pay the Total Price and take delivery of the Goods. In case of payment by bank transfer, the Total price is paid by crediting to Our account, in other cases it is paid at the time of payment.

5. DELIVERY OF GOODS, PASSING OF RISK OF DAMAGE TO THINGS

1. The goods will be delivered to you no later than 14 working days in the manner of your choice, and you can choose from the following options:

• Personal collection at the delivery points of Zásilkovna.
• Delivery via the transport company Zásilkovna.

1. The goods can only be delivered within the Czech and Slovak Republics.
2. The delivery time of the Goods always depends on its availability and the chosen method of delivery and payment. The time stated in these Terms and Conditions is indicative only and may differ from the actual delivery time.
3. After taking over the Goods from the carrier, it is your duty to check the integrity of the packaging of the Goods and, in the event of any defects, to notify the carrier and Us immediately of this fact. In the event that there is a defect in the packaging that indicates unauthorized handling and entry into the shipment, it is not your duty to accept the Goods from the carrier.
4. In the event that you breach your obligation to take over the Goods, with the exception of cases according to Article 6.4 of the Terms and Conditions, this does not result in a breach of Our obligation to deliver the Goods to you. At the same time, the fact that you do not accept the Goods is not a withdrawal from the Contract between Us and You. However, in such a case, we have the right to withdraw from the Contract due to your substantial breach of the Contract, or to store the Goods, for which we are entitled to payment from you in the amount of 500 CZK. If we decide to withdraw from the Agreement, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Contract does not affect the right to reimbursement of the price for transport, or the right to compensation for damage, if it has arisen.
5. If, for reasons arising on your part, the Goods are delivered repeatedly or in a different way than was agreed in the Contract, it is your duty to compensate Us for the costs associated with this repeated delivery. We will send you the payment details for paying these costs to your e-mail address specified in the Contract and they are due 14 days after the e-mail is delivered.
6. Dangerous damage to the Goods passes to you the moment you take them over. In the event that you do not take over the Goods, with the exception of the cases according to Article 6.4 of the Terms and Conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take them over, but for reasons on your part you did not take them over. The transfer of the risk of damage to the Goods means that from this moment you bear all the consequences associated with the loss, destruction, damage or any deterioration of the Goods.
7. In the event that the Goods were not listed as in stock in the E-shop and an approximate time of availability was indicated, we will always inform you in the event of:
8. extraordinary interruption of the production of the Goods, whereby we will always inform you of the new expected time of availability or information about the fact that it will not be possible to deliver the Goods;
9. delay in the delivery of Goods from Our supplier, while we will always inform you of the new expected delivery time.

5.1 GIFT CARD

1. A dark card is a card either physical or electronic in the form of a code. Based on it, the buyer is entitled to use the seller's services and deduct the value indicated on it from the total purchase price. The gift voucher has a fixed validity period, which the customer can find either in the product description or is informed about it by e-mail. After the expiration of the period for using the gift card, its value is forfeited and the customer has no right to use it in the future or to return the amount.
2. The physical card is delivered within 1-2 business days.
3. The validity of all cards begins on the day the order is created.
4. We reserve the right to change the validity period of all cards at any time.
5. Gift cards are non-refundable!

6. User account

1. Based on the buyer's registration in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.
2. When registering for a customer account and when ordering goods, the buyer is obliged to provide true information. The buyer is obliged to update the data specified in the user account. The buyer is responsible for the correctness of the data when ordering goods, and the seller always assumes their correctness.
3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
4. The buyer is not authorized to allow the use of the customer account by third parties.
5. The seller can cancel the user account, especially if the buyer no longer uses his user account, or if the buyer violates his obligations under the purchase contract and these terms and conditions.
6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
7. We may cancel your User Account, especially if you do not use it for more than 1 year, or if you violate your obligations under the Agreement.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

1. We guarantee that at the time of the transfer of the risk of damage to the Goods, the Goods are free of defects according to the Conditions, in particular that:

• has the properties that we have agreed with you, and if they have not been expressly agreed, then those that we have stated in the description of the Goods, or those that can be expected with regard to the nature of the Goods;
• is suitable for the purposes we have specified or for the purposes customary for Goods of this type;
• corresponds to the quality or design of the agreed sample, if the quality or design was determined according to the sample;
• is in adequate quantity and weight;
• meets the requirements imposed on him by legal regulations;
• not encumbered by third party rights.

1. Rights and obligations regarding rights from 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 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended later regulations).
2. In the event that the Goods have a defect, i.e. especially if one of the conditions is not met, you can notify Us of such a defect and exercise your rights from defective performance (i.e. complain about the Goods) by sending an e-mail to the information provided in our identification data.
3. In exercising the right from defective performance, you must choose how you want to resolve the defect, and you cannot subsequently change this choice without Our consent. We will handle the claim in accordance with the right you have asserted from defective performance. In the event that you do not choose to resolve the defect, you have the rights listed in Article 6 when the defective performance was a material breach of the Contract.
4. If defective performance is a material breach of the Agreement, you have the following rights:

• to remove the defect by delivering a new Product without a defect, or by delivering a missing part of the Product;
• to remove the defect by repairing the Goods;
• at a reasonable discount from the Price;
• to withdraw from the Agreement.

1. In the event that you choose a solution according to the above-mentioned points 1) or 2) and We do not remove the defect in this way within the reasonable period that we have indicated, or we inform you that we will not remove the defect in this way at all, you have the rights according to points 3) and 4), i when you did not originally request them as part of the complaint. At the same time, if you choose to remove the defect by repairing the Goods and We discover that the defect is irreparable, we will notify you and you can choose another method of removing the defect.
2. If defective performance is a minor breach of the Agreement, you have the following rights:

• to remove the defect by delivering a new Product without a defect, or by delivering a missing part of the Product;
• to remove the defect by repairing the Goods;
• at a reasonable discount from the Price.

1. However, if we do not remove the defect in time or refuse to remove the defect, you have the right to withdraw from the Contract. You can also withdraw in the event that you cannot use the Goods properly due to the repeated occurrence of defects after the Goods have been repaired or in the event of a large number of Goods defects.
2. In the event of a material or non-material breach, you cannot withdraw from the Contract, or demand the delivery of a new item, if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:
3. Within 3 days of receiving the complaint, we will confirm to your e-mail address that we have received the complaint, when we received it and the estimated duration of the complaint handling. We will process the complaint without undue delay, but no later than within 30 days of receiving it. The deadline can be extended by our mutual agreement. If the deadline expires in vain, you can withdraw from the Agreement.
4. We will inform you by e-mail about the settlement of the claim. If the complaint is justified, you are entitled to compensation for the costs incurred. You are required to prove these costs, e.g. with receipts or receipts for the price of transport. In the event that the defect has been rectified by the delivery of new Goods, it is your duty to return the original Goods to Us, but We shall cover the costs of this return.
5. If you are an entrepreneur, it is your duty to report and complain about the defect without undue delay after you have been able to discover it, but no later than three days after receiving the Goods.
6. The provisions regarding the right to defects do not apply in the case of:
7. Goods that are sold at a lower price due to a defect for which the lower price was agreed upon;
8. wear and tear of the Goods caused by their usual use;
9. used Goods for a defect commensurate with the level of use or wear and tear the Goods had when you took them over;
10. when it follows from the nature of the Goods.

8. CONSUMER DISPUTE RESOLUTION

1. In relation to the buyer, we are not bound by any codes of conduct within the meaning of § 1826 paragraph 1 letter e) Civil Code.
2. We handle consumer complaints via the electronic address purekickzcz@gmail.com We will send information about the handling of the complaint to the buyer's electronic address.
3. The out-of-court settlement of consumer disputes arising from the Agreement is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 796/44, 110 00 Prague 1, ID number: 000 20 869, internet address: https://www.coi.cz. The online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.
4. The European Consumer Center Czech Republic, with registered office Štěpánská 796/44, 110 00 Prague 1, internet address: https://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 . of May 2013, on the resolution of consumer disputes online and on the amendment of Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on the resolution of consumer disputes online).

9. FINAL PROVISIONS

1. If Our and Your legal relationship contains an international element (ie, for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this agreement does not affect your rights arising from legal regulations.
2. We will deliver all written correspondence with you by electronic mail. Our email address is listed under Our Identification Data. We will deliver correspondence to your e-mail address specified in the Agreement, in the User Account or through which you contacted us.
3. The contract can only be changed based on our written agreement. However, we are entitled to change and supplement these Terms and Conditions, however, this change will not affect already concluded Contracts, but only Contracts that will be concluded after the effective date of this change. If we do not receive from you within 14 days of sending information about the change the termination of the concluded Contract for regular and repeated deliveries of Goods, the new conditions become part of our Contract and will be applied to the next delivery of Goods following the effective date of the change. The notice period if you give notice is 2 months.
4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational breakdowns, subcontractor outages, etc.), we are not responsible for damage caused as a result of or in connection with cases of force majeure and if the state of force majeure lasts for a period longer than 10 days, We and You have the right to withdraw from the Contract.
5. The Annex to the Terms and Conditions contains a sample form for a complaint and a sample form for withdrawing from the Contract.
6. These Terms and Conditions become effective on 2/22/2024