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We produce

orthopedic insoles

and orthopedic

aids for shoes.

Terms and Conditions

 

of the trading company

svorto s.r.o.

based at Průběžná 787/30, Praha 10 - Strašnice, 100 00

identification number: 26128667

registered in the Commercial Register lodged with by the Municipal Court in Prague, Section C, File No. 72666

for the sale of goods via the e-shop hosted at: www.svorto.cz, www.sidas.cz, www.therm-ic.eu, www.svorto.com, www.sidas.sk, www.therm-ic.sk

1.     INTRODUCTORY PROVISIONS

1.1.   These Terms and Conditions (hereinafter simply "Terms and Conditions") of svorto s.r.o., based at Průběžná 787/30, Praha 10 - Strašnice, 100 00, identification number: 26128667, registered in the Commercial Register lodged with by the Municipal Court in Prague, Section C, File No. 72666 (hereinafter simply the "Seller") govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter simply "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter simply "purchase contract") concluded between the Seller and another natural person (hereinafter simply the "Purchaser") via the Seller's e-shop. The Seller's e-shop is hosted at www.svorto.cz, www.sidas.cz, www.therm-ic.eu, www.svorto.com, www.sidas.sk, www.therm-ic.sk (hereinafter simply "website"), via the website interface (hereinafter simply "e-shop interface").

1.2.   These Terms and Conditions does not apply to cases where the person intending to purchase goods from the Seller is a legal entity or person ordering goods as part of their business activities or as part of their independent profession, unless explicitly specified otherwise. These Terms and Conditions contain information on the processing of the personal data of entrepreneur and non-entrepreneur natural persons.

1.3.   Provisions that deviate from these Terms and Conditions may be arranged in the purchase contract. Different arrangements in the purchase contract take precedence over the provisions of these Terms and Conditions.

1.4.   The provisions of these Terms and Conditions form an inseparable part of the purchase contract. The purchase contract and these Terms and Conditions have been drawn up in the Czech language. The purchase contract may be concluded in Czech.

1.5.   The Seller may supplement or amend the wording of these Terms and Conditions. This does not affect rights and obligations arising while the previous wording of the Terms and Conditions was effective.

2.     User Account

2.1.    The Purchaser may access the user interface after registering on the website. The user interface makes it easier for the Purchaser to order goods (no need to re-enter details), and also to view the Purchaser's order history (hereinafter simply "user account"). The Purchaser may also order goods without registering directly from the e-shop web interface.

2.2.    The Purchaser is obliged to provide true and correct data when registering on the website a and ordering goods. The Purchaser is obliged to update the details stated in the user account if they change in any way. The information provided by the Purchaser in the user account and when ordering goods are considered correct by the Seller.

2.3.    Access to the user account is secured with a username and password. The Purchaser is obliged to keep the login details to its user account confidential.

2.4.    The Purchaser is not entitled to allow third parties to use the user account.

2.5.    The Seller may terminate the user account, particularly if the Purchaser does not use its user account for longer than 6 months, or if the Purchaser breaches its obligations arising from the purchase contract (including these Terms and Conditions).

2.6.    The Purchaser is aware that the user account will not necessarily be accessible constantly, particularly due to necessary maintenance of the Seller's hardware and software, or the necessary maintenance of third-party hardware and software.

3.     Conclusion of Purchase Contract

3.1.    All presentations of goods in the e-shop web interface are of an informative nature and the Seller is not obliged to conclude a purchase contract for those goods. The provisions of Section 1732(2) of the Civil Code do not apply.

3.2.    The e-shop interface contains information about the goods, including the prices of the individual goods and the costs of returning the goods, if the nature of those goods implies that they cannot be returned by standard post. The prices of the goods include value added tax. The prices of the goods remain valid for the duration of the time they are displayed in the e-shop web interface. This provision does not restrict the Seller's option to conclude a purchase contract under terms agreed on an individual basis.

3.3.    The e-shop interface also contains information about the costs associated with packing and delivering the goods. Information about the costs associated with packing and delivering the goods as specified in the e-shop web interface only apply when the goods are to be delivered to an address in the Czech Republic.

3.4.    To order goods the Purchaser fills in the order form in the e-shop web interface. The order form contains particularly information about:

3.4.1. the goods ordered (the Purchaser "places" the goods ordered into the electronic shopping basket of the e-shop web interface),

3.4.2. the method used to pay the purchase price of the goods, details of the method selected to deliver the goods and

3.4.3. information about the costs associated with delivering the goods (jointly referred to herein as "order").

3.5.    Before sending the order the Seller the Purchaser is able to check and change the details stated in the order, which also allows the Purchaser to detect and correct any errors made when entering the details in the order. The Purchaser sends the order to the Seller by clicking the "CONFIRM ORDER" button. The Seller considers the details stated in the order to be correct. As soon as it has received the order the Seller will send this confirmation to the Purchaser by electronic mail, to the Purchaser's electronic address specified in the user account or the order (hereinafter simply "the Purchaser's electronic address").

3.6.    The contractual relationship between the Seller and the Purchaser is established upon delivery of the confirmation of receipt of the order (acceptance) sent by the Seller to the Purchaser by electronic mail, to the Purchaser's email address.

3.7.    The Purchaser agrees to the use of remote communication when concluding the purchase contract. The costs incurred by the Purchaser when using remote communication in connection with the conclusion of the purchase contract (the costs of the internet connection, telephone calls) are to be paid by the Purchaser, assuming that such costs do not differ from the basic rate.

4.     Price of the Goods and Payment Terms

4.1.    The Purchaser may pay the price of the goods and any costs associated with the delivery of the goods in accordance with the purchase contract to the Seller in the following ways:

 cash on delivery at the place specified by the Purchaser in the order;

 by bank transfer to the Seller's account, no.1021005729/5500, held with Raiffeissenbank (hereinafter simply "the Seller's account");

 by credit or debit card;

4.2.    Together with the purchase price the Purchaser is also obliged to pay the Seller the contractual costs associated with the packing and delivery of the goods. Unless explicitly specified otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4.3.    The Seller does not require a deposit or similar payment from the Purchaser. This does not affect the provisions of Art. 4.6 of these Terms and Conditions concerning the obligation to pay the purchase price of the goods in advance.

4.4.    If payment is to be made in cash or cash on delivery the purchase price is payable upon receipt of the goods. If payment is to be made by bank transfer, the purchase price is payable within 5 days of the conclusion of the purchase contract.

4.5.    If payment is to be made by bank transfer to the Seller's account the Purchaser is obliged to pay the purchase price of the goods and state the variable symbol of the payment. If payment is to be made by bank transfer to the Seller's account the Purchaser's obligation to pay the purchase price is fulfilled the instant the relevant sum is credited to the Seller's account.

4.6.    The Seller is entitled to request payment of the entire purchase price before the goods are sent to the Purchaser.

4.7.    Discounts on the price of the goods provided by the Seller to the Purchaser cannot be combined.

4.8.    If it is a customary business practice or if it is stipulated by the generally binding legislation, the Seller will issue the Purchaser with a tax document - invoice for the payments to be made under the purchase contract. The Seller is a value added tax payer. The Seller will issue the Purchaser with the tax document - invoice after the price of the goods has been paid and will send it in electronic form to the Purchaser's email address.

5.     Withdrawal from Purchase Contract

5.1.    The Purchaser is aware that in accordance with the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract on the supply of goods that has been modified at the request of or for the Purchaser, from a purchase contract on the supply of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, or from a purchase contract on the supply of goods in a sealed package, when the consumer has removed the goods from the package and they cannot be repackaged for hygiene reasons.

5.2.    In cases other than that specified in Art. 5.1 or other case where it is not possible to withdraw from a purchase contract, in accordance with the provisions of Section 1829(1) of the Civil Code the Purchaser has to right to withdraw from the purchase contract, within fourteen (14) days of receiving the goods; in the event that the purchase contract is for several types of goods or delivery in several parts, this deadline applies from the date on which the last delivery of the goods is received. Notice of withdrawal from the purchase contract must be delivered to the Seller together with the goods by the deadline specified in the previous sentence. The Purchaser must send the notice of withdrawal from the purchase contract together with the goods to te Seller's address at svorto s.r.o. U letiště 1037, Otrokovice 765 02.

5.3.    In the event of a withdrawal from the purchase contract in accordance with Art. 5.2 of these Terms and Conditions, the purchase contract is annulled from the start. If the Purchaser withdraws from the purchase contract, the Purchaser pays the costs associated with returning the goods to the Seller, including in cases when the nature of the goods means they cannot be returned by standard post.

5.4.    The Purchaser may only withdraw from the contract provided that the goods are returned packed in their intact original packaging, undamaged, with no wear or contamination and unused, in the condition in which the goods were received.

5.5.    In the event of a withdrawal from the purchase contract in accordance with Art. 5.2 of these Terms and Conditions, the Seller will return all payments received from the Purchaser by bank transfer to the Purchaser's account within fourteen (14) days of the date on which the Purchaser returned the goods. If the Purchaser withdraws from the purchase contract, the Seller is not obliged to return payments to the Purchaser before the Purchaser returns the goods or proves that the goods have been sent back to the Seller.

5.6.    The Seller is entitled to offset any compensation for damage to the goods against the Purchaser's entitlement to a refund of the purchase price.

5.7.    Before the goods are received by the Purchaser the Seller is entitled to withdraw from the purchase contract at any time. In such a case the Seller will refund the purchase price to the Purchaser without undue delay, by bank transfer to the account specified by the Purchaser.

5.8.    If a gift is provided to the Purchaser together with the goods, the gift agreement between the Seller and the Purchaser is concluded with a condition subsequent stating that if the Purchaser withdraws from the purchase contract, the gift agreement ceases to apply in relation to the gift and the Purchaser is obliged to return the gift to the Seller together with the goods.

6.     Transport and Delivery of Goods

6.1.    If the form of transport has been specially requested by the Purchaser, the Purchaser accepts the risk and bears any additional costs associated with that form of transport.

6.2.    If the purchase contract specifies that the Seller is obliged to deliver the goods to a location specified by the Purchaser in the order, the Purchaser is obliged to accept the goods upon delivery.

6.3.    If the goods have to be delivered repeatedly or in a manner other than that stated in the order for reasons on the part of the Purchaser, the Purchaser is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the other method of delivery.

6.4.    Upon receiving the goods from the carrier the Purchaser is obliged to check that the packaging of the goods is intact and if any defect is found the Purchaser must notify the carrier immediately. If the packaging is found to be damaged, indicating unauthorised tampering with the consignment, the Purchaser is not obliged to accept the consignment from the carrier.

6.5.    The further rights and obligations of the parties relating to the transport of the goods may be defined by the Seller's own delivery terms, if issued by the Seller.

7.     Rights Arising from Defective Performance

7.1.    The rights and obligations of the contracting parties concerning rights arising from defective performance are governed by the generally binding legislation (particularly the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

7.2.    The Seller is liable to the Purchaser for ensuring that the goods are free of defects upon receipt. The Seller is particularly liable to the Purchaser for ensuring that when the Purchaser receives the goods:

7.2.1. the goods have the properties agreed by the parties; if no such agreement has been made, the goods have the properties described by the Seller or manufacturer or the properties expected by the Purchaser given the nature of the goods and advertisements for the goods,

7.2.2. the goods are fit for the purpose stated by the Seller or for which goods of that type are usually used,

7.2.3. the quality and design of the goods match those of the agreed sample or template, if the quality and design has been determined based on an agreed sample or template,

7.2.4. that the goods are delivered in the agreed quantity, measure or weight, and

7.2.5. the goods comply with the requirements of the relevant legislation.

7.3.    The provisions stated in Art. 7.2 of these Terms and Conditions do not apply to goods sold for a lower price due to discount, to wear on the goods caused by customary use, to defects in used goods corresponding to the degree of use of wear in the goods when received by the Purchaser, or wear arising from the nature of the goods.

7.4.    The Purchaser is entitled to exercise the right arising from defects occurring in consumer goods within twenty-four months of receipt.

7.5.    The Purchaser's rights arising from defective performance are to be exercised by contacting the Seller at the following address: svorto s.r.o. U letiště 1037, Otrokovice 765 02. Any claim is considered to have been filed the instant the Seller receives the goods subject to the claim from the Purchaser.

8.     Other Rights and Obligations of the Contracting Parties

8.1.    The Purchaser acquires the title to the goods upon payment of the full purchase price the goods.

8.2.    The Seller is not bound by any codes of conduct in relation to the Purchaser as defined by the provisions of Section 1826(1) e) of the Civil Code.

8.3.    The Seller settles consumer complaints out of court via the email address svorto@svorto.cz. The Seller will send information about how the Purchaser's complaints have been settled to the Purchaser's email address.

8.4.    The Seller is entitled to sell the goods on the basis of a trade licence. The trade license is checked by the relevant Trades Licensing Office within the scope of its authority. The protection of personal data is supervised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, amongst other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.5.    The Purchaser hereby accepts the risk of circumstances changing pursuant to Section 1765(2) of the Civil Code.

 

8.6. In the event of a consumer dispute between the Seller and the Purchaser arising from the purchase contract or service agreement which cannot be resolved in an amicable manner, the Purchaser may file a proposal for the out-of-court settlement of that dispute with the designated extrajudicial dispute resolution body, which is

Czech Trade Inspection Authority - Central Inspectorate - ADR Dept., Štěpánská 15, 120 00 Praha 2, Email: adr@coi.cz, Web:adr.coi.cz

The Purchaser may also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.

9.     Protection of Personal Data

9.1.    The protection of the personal data of a purchaser who is a natural person (including entrepreneurs) is governed by Regulation (EU) 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 (hereinafter simply "GDPR").

9.2.     For the performance of the purchase contract the Seller as the controller processes the following personal data of the Purchaser: full name, residential address, identification number, tax identification number, email address, telephone number (all jointly referred to as "personal data"). The legal basis for the processing of such data is the performance of the contract with the data subject in accordance with Art. 6(1) b) of the GDPR and compliance with the Seller's elated legal obligations as specified by the generally binding legislation in accordance with Art. 6(1) c) of the GDPR. Personal data will be processed for this purpose until the Purchaser's rights and obligations arising from the purchase contract have been fulfilled and also for no longer than the period for which such data may be stored as specified by the generally binding legislation.

9.3.    If registering and setting up the user account the Purchaser also consents to the processing of its personal data by the Seller to the extent specified in Art. 9.2 above and also its purchase history for the management of the user account. The legal basis for the processing of such data is the consent of the data subject in accordance with Art. 6(1) a) of the GDPR. Personal data will be processed for this purpose until such consent has been revoked by the Purchaser, or until the implementation of the Seller's right as specified in with Art. 2.5 of these Terms and Conditions above.

9.4. The Seller also the Purchaser's personal data in the form of its email address in order to send commercial messages, in accordance with the terms specified in Section 7(3) of Act No. 480/2004 Coll., on certain information society services, as amended. The legal basis for the processing of such data is the Seller's legitimate interest in promoting its goods in accordance with Art. 6(1) f) of the GDPR. Personal data will be processed for this purpose until an objection against such processing is filed by the Purchaser.

 

9.5. The Seller also processes the personal data of the Purchaser's contact person (a natural person or legal entity), if applicable, i.e. full name, email address and telephone number, for the performance of the purchase contract. The legal basis for such processing is the Seller and the Purchaser's legitimate interest in the performance of the purchase contract in accordance with Art. 6(1) f) of the GDPR. Personal data will be processed for this purpose until the Purchaser's rights and obligations arising from the purchase contract have been fulfilled and also for no longer than the period for which such data may be stored as specified by the generally binding legislation.

9.6.    The Purchaser (or the Purchaser's contact person) is aware of the duty to state true and correct personal data (when registering, in the user account, in orders placed via the e-shop web interface) and the duty to immediately inform the Seller of any changes in their personal data.

9.7.    The recipients of the personal data of the Purchaser and/or its contact person, under the terms specified by the generally binding legislation, will be public authorities (e.g. the tax authority) as well as the Seller's subcontractors (e.g. providers of IT, accounting and similar services). Personal data will not be transferred to third countries outside the scope of the GDPR.

9.7.    The Purchaser and/or its contact person have the right to request that the Seller provide access to their personal data or correct or delete such data, or restrict the processing of such data, and may file an objection against the processing of such data (including an objection against direct marketing in the event of commercial messages), as well as the right to the portability of their data and the right to file a complaint with the supervisory authority (www.uoou.cz), all under the terms defined by the GDPR. If the legal basis for the processing of personal data is consent (e.g. in accordance with Art. 9.3 above), the data subject has the right to revoke such consent at any time; this does not affect the legality of processing prior to the revocation of such consent.

9.8.    The provision of personal data for the purposes specified in Art. 9.2 and 9.5 is a contractual requirement and no purchase contract may be concluded unless such data is provided. The provision of personal data for the purposes specified in Art. 9.3 and 9.4 above is entirely voluntary, although if he data is not provided, the Purchaser will not be able to set up the user account or be sent commercial messages.

10.  Storage of Cookies

10.1. The website stores cookies on the Purchaser's device. More detailed information about cookies and the legal basis for processing data acquired by cookies is given on the website.

11.  Delivery

11.1. Consignments will be delivered to the Purchaser at the address specified in the electronic order.

12.  Final Provisions

12.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties have agreed that the relationship will be governed by Czech law. This does not affect the consumer rights arising from the generally binding legislation.

12.2. If any of the provisions of these Terms and Conditions prove to be or become invalid or ineffective, such provisions will be replaced by provisions which most closely approximate the intent of the invalid provisions. The invalidity or ineffectiveness of one provision does not affect the validity or effectiveness of the other provisions.

12.3. The purchase contract including these Terms and Conditions is archived by the Seller in electronic form.

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In Prague on 19 July 2018