Operator of this e-shop, i.e. the company FOUL s.r.o., with the registered office at Vladislav 278, 675 01 Vladislav, Czech Republic, ID No.: 26238764 (hereinafter only as the “Seller”), publishes these General Terms and Conditions (hereinafter also as the “GTC”), which are applicable for a purchase in the e-shop www.futcut.com and which govern relationships between the contracting parties, which means the Seller and a customer (hereinafter also as the “Buyer”).
The subject of Seller’s business is a manufacture and sale of soccer guards, including accessories. One of options is a manufacture of guards with individual prints made to measure of individual customers (hereinafter only as the “Goods”), while the manufacture of the Goods itself is performed pursuant to a demand for a graphic design of a guard sent by the Buyer.
Order and conclusion of a purchase contract
By sending and submission of a binding order, the Buyer confirms that they are aware and agree with the entire text of these GTC, which govern their mutual rights and obligations arising from the contractual relationship established by a purchase of the Goods and all their components at the moment of ordering. At the same time, they accept prices valid at the moment of sending of respective order, while these prices are published on Seller’s websites. The Customer is sufficiently informed about these GTC before the order itself and they have an opportunity to study them and also the price of ordered Goods. In their current version, the GTC represent the text of a purchase contract, unless it is expressly specified otherwise. If these GTC do not stipulate some rights or obligations, then such rights and obligations shall be governed by the applicable laws, especially by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter also as the “CC”), and Act No. 634/1992 Coll., the Consumer Protection Act.
Buyer’s order is a proposal of a purchase contract and the purchase contract itself is concluded upon the delivery of Buyer’s and Seller’s binding consent with this proposal (Seller’s binding confirmation of the order). From that moment, mutual rights and obligations are established between the Buyer and the Seller.
An order may be performed through the web portal www.futcut.com (or using the phone number +420 732 462 658 from Monday to Friday, 9:00 A.M. – 5:00 P.M.).
Such performed order must be in compliance with the minimum requirements and contain the necessary data for duly issuance of documents and delivery of required Goods to a customer. Customers shall mention at least the following data: (1) Buyer’s first name and surname, (2) delivery method of Goods, (3) accurate contact data (phone number, e-mail address), (4) quantity of Goods, (5) characteristics of ordered Goods, (6) selected payment method, or (7) requirements for their own print.
An order which does not meet the essential requirements and necessary data must be rejected by the Seller or returned to the Buyer for its completion and provide them with an additional period of 7 days. After its expiration, such order is deemed not delivered.
Buyer’s order is a proposal of a purchase contract and it becomes the purchase contract itself upon confirmation of the order by sending a confirmation e-mail by the Seller, after the Buyer sent their order through the website www.futcut.com to the e-mail address mentioned by the Seller in the order. Upon this confirmation, mutual rights and obligations are established between the Buyer and the Seller.
The Seller offers a sole delivery method for any ordered Goods, i.e. a package through a contractual carrier (DPD etc.) and “Česká pošta” using a cash on delivery. In case when the total price of Goods exceeds the amount of 110 USD, the Seller does not charge the Buyer with any order transport fees. Otherwise, the Buyer is charged with postage and packing fee in the total amount of CZK 89 – 128. In exceptional cases, other delivery and payment method may be agreed individually.
The Seller delivers Goods to the Buyer usually within 4 days since confirmation of the respective order. In case of guards with individual print, within 14 days since confirmation of the respective graphic design. In exceptional cases, independent of Seller’s will, when it is not possible to meet.
The delivery period specified in these GTC not even with all due care, the Seller reserves the right to extend the delivery period. In this case, the Seller shall immediately notify the Buyer about such change of the delivery term of the Goods.
The Goods will be sent to Buyer’s address specified in their order.
A tax document is always enclosed to any purchased Goods.
Upon takeover of the Goods by the Buyer, the responsibly for accidental destruction, damage or loss of Goods is transferred to the Buyer.
If the Buyer does not take the ordered Goods over, they are obliged to pay the price of the Goods and expenses for the delivery of the Goods.
If the Buyer does not pick the Goods up within 1 month, they shall pay the amount of CZK 500 to the Seller as a compensation of storage costs connected with the Goods. If the Buyer does not pick the already paid Goods up within 6 months, the Seller is entitled to dispose of the Goods at their own discretion, while the purchase price already paid in advance by the Buyer is not refundable.
Consumer contracts concluded at distance
The Buyer may withdraw from a contract within 14 days since the takeover of goods or the last part of shipment, regardless of the fact how the goods was taken over or how it was paid. The mentioned period is for the Buyer to adequately examine the nature, characteristics and functionality of the goods.
The Buyer may withdraw from a contract also at any time before delivery of goods.
The Buyer may execute their right pursuant to Section 1829 par. 1 in connection with Section 1818 of Act No. 89/2012 Coll., the Civil Code. The Buyer shall send or handover their withdrawal from a contract within 14 days. The Buyer may not indicate the reason of their withdrawal. For easier communication, it is suitable to indicate the date of purchase or contract/sales document number, bank account number and selected way of returning the goods.
The Seller shall return to the Buyer the amount fully corresponding with the price of goods and paid expenses for their delivery within 14 days since the respective withdrawal from a contract, and in the same way how they received the payment from the Buyer. If the Seller offers several options within one delivery method, the Seller shall compensate the Buyer for the cheapest one. Within the same period, the buyer shall send or handover the purchased goods to the seller. Goods should be returned to the seller (not using cash on delivery) complete, preferably in original packaging, and they must not show signs of any wear or damage. Costs of returning of the goods must be borne by the buyer.
The seller is not obliged to return received money to the buyer before the buyer returns the goods or proves that the goods was sent to the seller.
If any returned goods is damaged by a breach of buyer’s obligation, the seller may use the claim for the compensation of decreased value of the goods against the buyer and deduct it from the refunded amount.
Cancellation of an individual print
The Buyer is entitled to cancel an Order within the period from creating a graphical preview of an individual print until the Seller begins production of the Goods, i.e. within 24 hours since creating a graphical preview of an individual print. However, in this case, the Buyer shall pay the Seller expenses connected with creating a graphical preview of an individual print in the amount of CZK 500 no later than within 7 days since cancelling of the Order.
If a contract is terminated by the Seller, the Buyer must be informed about this fact by e-mail to the address mentioned in their Order, or by phone to the number mentioned in their Order. In this case, it will be followed by an agreement between the contracting parties about the further procedure (replacement of the ordered Goods by other, termination of the entire order etc.).
The Buyer acknowledges that they are not entitled to a free of charge withdrawal from a contract without any reason, since it is Goods which has been modified according to Buyer’s wish or for their person pursuant to Section 1837 letter d) of the CC.
Purchase price and payment terms
The purchase price includes the price of the Goods, all Seller’s expenses connected with packing of the goods, its labelling and provision of all relevant documents. The price of transport is paid separately. It can be paid by two methods:
a) using cash on delivery when taking the Goods over from a carrier at the place defined by the buyer in their order, excluding personal collection;
b) cashless by a wire transfer to Seller’s account no.: 2101273293/2010, at the Fio Bank, (hereinafter only as the “Seller’s Account”)
If the Seller does not receive the payment of the purchase price within the mentioned period, they shall manufacture the ordered Goods and send it to the Buyer using cash on delivery through a courier service. The Buyer shall take such delivered Goods over and pay the purchase price, including the price of delivery of the Goods.
The price of delivery of the Goods through a courier services is CZK 89 – 128. The Buyer acquires the ownership title to the Goods when the both following conditions are met: (i) payment of the entire purchase price, including the price of delivery of the Goods, (ii) takeover of the Goods.
Personal data protection
Personal data protection is governed by the provisions published in the section Personal Data Protection on the website www.futcut.com - https://www.futcut.com/cz/GDPR.
Sending of commercial communications and storing cookies
The Buyer may grant their consent with sending of information connected with Seller’s goods, services or business to Buyer’s electronic address, and they further agree with sending of commercial communications by the Seller to Buyer’s electronic address. This consent is not required for the conclusion of any purchase contract.
Deliveries are possible to Buyer’s electronic address.
These GTC come into force on the day of their publishing on Seller’s website www.futcut.com, where they are available for the Buyer. The newest GTC supersede any GTC issued before. Legal relationships based on these GTC are always assessed according to the GTC valid on the day when such legal relationship was established. The GTC for previous periods may be sent by e-mail, if requested. The Seller does business solely based no these GTC.
Partial performance is permitted and the Buyer is not entitled to refuse it.
Buyer’s complaints and comments connected with any contractual relationship concluded between the Seller and the Buyer must be processed by the Seller in compliance with applicable laws, while the Buyer may send complaints and comments in writing to the e-mail address email@example.com, or by phone number +420 732 462 658. If any complaint is a warranty complaint by its nature, it will be processed as a warranty complaint.
Relationships and possible disputes based on a contract will be resolved solely according to the laws of the Czech Republic and by competent courts in the Czech Republic. The Seller undertakes to seek out-of-court settlement of disputes with the Buyer preferably, unless the Buyer rejects it.
Supervision over the compliance with obligations pursuant to Act No. 634/1992 Coll., on consumer protection, as amended, is performed by the Czech Trade Inspection Authority (http://www.coi.cz). The Seller is entitled to sale the Goods based on a trade licence. The trade supervision is performed by the relevant trade licence office. Supervision over the field of personal data protection is performed by the Office for Personal Data Protection.
This Complaints Procedure is issued by the Seller to define assumptions, terms and conditions, prerequisites ad procedure of the Seller and the Buyer, if there is any Buyer’s legitimate claim to exercise their rights arising from the liability for defect of the Goods or the quality guarantee. The Complaints Procedure was issued according to the CC and the Consumer Protection Act. The Seller is entitled to use this Complaints Procedure adequately also for the Buyer who is not a consumer.
Takeover of the Goods
The Buyer shall inspect the Goods after its takeover and immediately inform the Seller about any possible defects, any obvious defects notified later will not be taken into account by the Seller.
Conflict with a purchase contract
The Seller shall be responsible to the Buyer that the Goods is in compliance with the contract at the moment of its takeover, especially without any defects. If the Goods is not in compliance with the contract during its takeover by the Buyer and the Seller agrees, the Seller shall immediately remedy the situation, so the Goods is in compliance with the contract, which may be by repair of the Goods or its replacement, as requested by the Buyer (it may be swapped for any Goods, if the Seller agrees). If it is not possible, the Buyer may request a proportionate discount of the price, if the Seller agrees, or withdraw from the contract.
Warranty terms and conditions
If there is any defect of the purchased Goods during the warranty period, the Buyer shall be entitled to exercise their rights arising from defective performance and the quality guarantee. A defect means any change (of characteristic) of the Goods of which case is any use of unsuitable or poor-quality material, failure to comply with technology or unsuitable technology. A defect cannot be any change (of characteristic) of the Goods occurred during the warranty period due to wear and tear, improper use, insufficient or unsuitable maintenance, due to natural changes of materials from which the Goods is made, due to any damage by the Buyer or a third party or other improper interference. If the Buyer duly exercises their right arising from the liability for defects of the Goods or the quality guarantee, Seller’s authorized worker shall record such defect and solve it. Rights arising from defective performance and the quality guarantee are considered to be duly exercised, if they are not prevented by general hygiene principles. The Buyer shall submit the claimed Goods clean, free of all impurities and hygienically harmless. The Seller shall be entitled to refuse takeover of any Goods which is not in compliance with the general hygiene principles mentioned above. Any warranty complaint must be settled within 30 days, including any removal of defects, and this period begins on the day, when the claimed Goods was provided to the Seller.
Method of exercise
The Buyer may exercise rights arising from defective performance and the quality guarantee (i) electronically using the electronic address: www.futcut.com, (ii) by the phone number +420 732 462 658. The Buyer shall send, or personally deliver the Goods about which they exercise rights arising from defective performance or the quality guarantee o Seller’s address: Vladislav 278, 675 01 Vladislav, Czech Republic. The Buyer shall prove purchase of the Goods by a purchase document (an invoice). Without provision of such purchase document, the warranty procedure cannot be initiated. When the Buyer exercises any of their rights arising from defective performance or the quality guarantee, they are bound by this act and they cannot change the selected right which they exercised, unless it is agreed otherwise with Seller’s authorized worker. The Buyer may ask about the status of the procedure (i) using the e-mail address firstname.lastname@example.org, (ii) by the phone number +420 732 462 658.
The warranty period is 24 months (unless any longer period is mentioned in a warranty certificate) and it begins on the day of takeover of the goods by the Buyer. Rights arising from defective performance must be exercised in compliance with Section 2099 et. seq. of the CC. If the result of the procedure is replacement of the Goods, the warranty period begins again from takeover of such new Goods. If any defective component of the Goods is replaced, such new warranty period is applicable only to the replaced component.
Removable and irremovable defects
Defects, which may be remedied by their repair without any damage to appearance, functionality and quality of the Goods, are considered removable defects. If there is any removable defect, the Buyer shall be entitled to its timely and duly remedy free of charge. Defects, which cannot be remedied or if their remedy is not purposeful with respect to all decisive circumstances, are considered irremovable defects. If there is any irremovable defect which prevents duly using of the Goods, as if there is not any defect, the Buyer shall be entitled to require replacement of the Goods with new Goods without any defects or to withdraw from the contract. If the nature of any irremovable defect does not prevent duly using of the Goods, as if there is not any defect, and the Buyer does not require replacement of the Goods, the Buyer shall be entitled to a proportionate discount of the purchase price or they may withdraw from the contract. The nature of the given defect must be taken into account when providing any discount.
This Complaints Procedure forms the integral part of Seller’s GTC.