BUSINESS TERMS AND CONDITIONS
I. BASIC PROVISIONS
1. These General Business Terms and Conditions, hereinafter referred to as the “T&C”, regulate the rights and obligations of the parties to the Purchase Agreement concluded remotely through the server www.rockspring.biz between the Seller > KeMax s.r.o., Company ID No. 03983366, Tax ID No. CZ03983366, Na Slovance 367, Nový Bor, 473 01 (hereinafter referred to as the “Seller”) and the Buyer.
2. The rights and obligations of the parties to the Purchase Agreement are governed by the legal regulations of the Purchase Agreement in accordance with the provisions of § 588 et seq. in conjunction with § 612 et seq. of Act No. 40/1964 Coll., Civil Code, as amended, hereinafter referred to as the “Civil Code”. Contracts concluded at a distance are concluded without the physical presence of the parties to the Purchase Agreement by electronic means, by sending the order of goods published in the Seller’s offer on the server www.rockspring.biz (hereinafter referred to as the “server”) by the Buyer, and confirmation of receipt of the order by the Seller.
4. Via the Purchase Agreement, the Seller undertakes to procure and deliver to the Buyer the goods specified in the order. The Buyer undertakes to take over these goods and pay the Seller the purchase price published on the server, in the manner and under the conditions set forth in these T&C.
5. All goods offered by the Seller are identified by type, name, code, composition, dimensions, and unit price (or unit in which they are stated), including VAT. For each type of goods, the Seller states whether it is in stock, and in what quantity.
6. The goods are transported to the Buyer according to the chosen mode of transport, which the Buyer determines during the order itself. It may be a personal collection at a branch, or a delivery offered by a carrier or courier (Česká pošta s.p., PPL,).
II. ENTERING INTO A PURCHASE AGREEMENT
1. Any Buyer who is interested in purchasing goods from the Seller, whose offer is published on the Server, will complete an electronic order and send it electronically to the Seller. All orders placed via the online store www.rockspring.biz are binding.
2. The order is a draft of the Purchase Agreement, the subject of which is the goods specified in the order, their quantity, and the total price including VAT.
3. By sending an order, the Buyer confirms that he/she has read these T&Cs, understands them, and agrees with them in their entirety. As of the moment of placing the order, the Buyer is bound by these T&Cs.
4. The Seller will send an electronic response to the Buyer upon receipt of the order, confirming receipt of the order. The Purchase Agreement is concluded when the Seller’s confirmation of receipt of the Buyer’s order is delivered to the Buyer.
5. The Seller is obliged to procure and deliver the ordered goods to the Buyer within the agreed time after delivery of the order.
6. The Buyer is entitled to cancel the order by sending a formal cancellation by e-mail to the Seller’s address stated on the relevant Server. Order cancellation is effective if delivered to Seller before handing over the goods to Buyer. By cancelling the order effectively, the Purchase Agreement expires, and the participants are obliged to return the provided services.
7. If the Seller does not procure the goods and hand them over to the Buyer within three months of the conclusion of the Purchase Agreement, the validity of the order expires, and the participants are obliged to return the provided services.
III. DELIVERY OF GOODS
1. The Seller is obliged to deliver the Goods to the Buyer by sending them via the carrier (courier) to the address specified by the Buyer in the order, or by handing them over to the Buyer.
2. The Seller shall hand over the goods in stock for shipment no later than 5 working days after delivery of the order. If the Buyer takes over the goods at the Seller’s premises, the Seller is obliged to notify him by telephone or e-mail when he/she is supposed to come to take over the goods.
3. The buyer is obliged to take over the ordered goods.
4. In the event of non-collection of the shipment, which is returned to the Seller from the post office or carrier (courier), it is possible to resend it, if additional shipping charges are charged to the Buyer.
The Buyer is obliged to pay the purchase price:
a) upon receipt of goods at the Seller’s premises
b) + freight (shipping) at receipt of goods at the post office or at the carrier (courier)
c) + transport to the person who passes the goods when the goods are delivered by the carrier
1. The Buyer is entitled to pay the purchase price by a payment order before handing over the goods to the Seller, to the account 269786536/0300. The Buyer is obliged to enter the variable symbol, which is stated in the order details. If the goods are delivered by post or via a carrier (courier), the Buyer is obliged to pay the postage or freight (shipping), together with the purchase price, in advance. If the Buyer takes over the goods at the Seller’s premises, no postage or freight (shipping) charges shall apply.
2. The Seller shall supply the Buyer with an invoice along with the goods.
3. The Buyer is obliged to inspect the delivered goods and the invoice upon receipt, and to notify the Seller of any defects or discrepancies with the actually ordered condition of the Goods in writing, without undue delay. This is especially true when the delivered goods do not match the content of the invoice, or the invoice is not filled in correctly.
IV. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
1. The Buyer is entitled to withdraw from the Purchase Contract within 14 days of receipt of the goods without giving any reasons. By the expiry of the stipulated period, the Buyer’s right to withdraw without stating the reasons from the Purchase Contract expires.
2. The Buyer is obliged to send a written notice of withdrawal from the contract by post to the Seller’s address, or to deliver it in person. In case of withdrawal from the Purchase Agreement, the Buyer is obliged to return the goods to the Seller at the same time as the notice of withdrawal.
3. In the notice of withdrawal from the Purchase Agreement, the Buyer is obliged to state the order number and specify the purchased goods. Withdrawal is effective at the time of returning the goods to the Seller.
4. Any Buyer who has withdrawn from a Purchase Agreement is obliged to return the received goods undamaged, unused, and with all documents that he has taken with the Goods to the Seller within 14 days (the date of dispatch is a deciding factor).
5. After receiving the returned goods, the Seller is obliged to return to the Buyer the purchase price of the goods, less the Seller’s costs associated with returning the goods, or the costs of repeated delivery and storage of the goods at the carrier (courier).
6. The Seller shall issue a credit note to the Buyer upon return of the goods. The Seller shall return to the Buyer the purchase price of the returned goods by a payment order to the Buyer’s account, by postal order to the address stated in the order, or in person at the Seller’s premises, within 14 days of issuing the credit note to the Buyer.
7. If the Purchase Agreement is terminated due to the Buyer’s cancellation of the Order, the expiration of the Order’s validity, or the Buyer’s rejection of the Goods, where he/she paid for the goods in advance by payment to the Seller’s account, the Seller shall return the paid price to the Buyer within 7 working days of the termination of the Purchase Agreement for the goods.
8. A customer may return his online order within 14 days of delivery, without giving any reason, at his own expense. When buying an unsuitable shoe size, the customer may request replacement shoes in the correct size. Outside the Czech Republic, this exchange can only take place if the customer pays for the transport of both the unsuitable footwear to KeMax Ltd., and from KeMax s.r.o. to the customer.
9. In the event of a consumer dispute arising from a purchase agreement or a service contract that fails to be resolved by a mutual agreement, the buyer may submit a proposal for out-of-court settlement of such dispute to a designated out-of-court consumer dispute resolution entity:
Česká obchodní inspekce
Ústřední inspektorát – oddělení ADR
120 00 Prague 2
V. COMPLAINTS AND COMPLAINTS PROCEDURE
1. Any complaints will be settled in accordance with the complaints procedure of the online store www.rockspring.biz and the laws in force in the Czech Republic.
2. The Buyer is obliged to inspect the delivered goods and to inform the Seller without undue delay of any defects found. The Buyer may submit a legitimate complaint, either to the Seller’s e-mail address, by post, or in person. The Buyer is obliged to state the order number (which is sent with the order confirmation in the e-mail, or stated in the order list), the most accurate description of the defects, their manifestations, and proof of ownership of the goods (attached invoice).
3. The Seller shall decide on the complaint within 30 calendar days from the delivery of the complaint, and notify the Buyer by e-mail, unless otherwise agreed. The complaint will be settled within one month from the date of claim, unless otherwise agreed.
4. Goods being complained about/returned by the Buyer are sent to the address KeMax s.r.o., Company ID No. 03983366, Tax ID No. CZ03983366, Antonína Sovy 2344, Česká Lípa, 470 01. The Seller is not liable for wrongly packed shipments. In the event of an agreement between the Buyer and the Seller, the Seller shall organize the collection and transport of the goods for complaint, shall not be liable for wrongly packed shipment, or for the Seller’s carrier (courier).
5. The provisions set out in article 1.41 of the Terms & Conditions shall not apply to goods sold at a lower price due to a defect for which a lower price has been agreed, for the wear and tear of the goods caused by their normal use, in the case of the goods used, a defect corresponding to the degree of use or wear and tear the goods have on receipt by the Buyer, or if this is due to the nature of the goods.
VI. GUARANTEE CONDITIONS
Unless expressly stated otherwise, the statutory guarantee period of 24 months applies to all of the Seller’s goods offered. The guarantee covers all defects in the goods caused by manufacturing errors or defects in the material used. However, the guarantee does not apply to excessive wear and tear of the goods as a result of improper use by the Buyer (scuffed liner, pulling out of the sole).
The Seller undertakes to repair or replace all goods that meet the conditions for complaint during the guarantee period.
In the case of a justified claim, the Seller shall cover the cost of transporting the goods back to the Customer. Shipping costs to the supplier are always paid by the Buyer. If the claimed goods cannot be repaired or exchanged for new ones within the statutory period, the Buyer has the right to withdraw from the purchase contract, and a refund of the purchase price.
VII. DELIVERY CONDITIONS
Goods are shipped in a variety of ways, depending on the Buyer’s choice:
· Česká pošta s.p.,
· personal collection
The price outside the Czech Republic is uniform, and KeMax s.r.o. has the right to choose the carrier itself, according to the country type.
All goods are delivered with a tax document. The goods remain the property of the Seller until full payment has been made. The order may be cancelled for any reason only before the goods are handed over to the carrier (courier). In other cases, the Seller may claim the costs incurred.
VIII. PAYMENT TERMS & CONDITIONS
The Buyer may pay the amount:
by bank transfer to the Seller’s account 269786536/0300 with the variable symbol specified in the order.
Payment is possible outside the Czech Republic - only by card or in advance to account No. 269786536/0300
in cash for personal collection
All goods are delivered with a tax document. In the event of cancellation of the order or its part by the Seller (e.g. when the goods are sold out), the money (or the given part) is immediately returned to the account number from which it was transferred - unless agreed otherwise.
The current method of payment price list may be found here (link)).
IX. PROTECTION OF PERSONAL DATA
The Seller processes personal information about the Buyer solely for the purpose of fulfilling the rights and obligations under the Purchase Agreement. The Seller is only entitled to perform any other processing of personal data about the Buyer with his consent.
X. CLOSING PROVISIONS
The rights and obligations of the parties to the purchase agreement are governed by these T&Cs, valid at the time of sending the order. The contract is concluded in the Czech language.
Any other rights and obligations of the parties to the purchase agreement that are not regulated by these T&Cs shall be governed by the provisions of generally binding legal regulations, in particular, the Civil Code.