Terms and Conditions
These general terms and conditions ("Terms") of the company Hotboots s.r.o., with registered office at č.p. 351, Čistá 294 23, Company ID 21283851, registered in the commercial register under file no. C 399467 - Municipal Court in Prague, email info@hotboots.store, telephone number +420 737 957 765 ("We" or "Seller") regulate in accordance with the provision of § 1751 para. 1 of Act No. 89/2012 Coll., Civil Code, as amended ("Civil Code") the mutual rights and obligations of You, as buyers, and Us, as sellers, arising in connection with or based on the purchase contract ("Contract") concluded through the E-shop on the website www.hotboots.store
All information about the processing of Your personal data is contained in the Personal Data Processing Policy, which You can find here.
The provisions of these Terms are an integral part of the Contract. The Contract and Terms are prepared in the Czech language. We may unilaterally change or supplement the wording of the Terms. This provision does not affect rights and obligations arising during the validity of the previous wording of the Terms.
As You certainly know, we communicate primarily at a distance. Therefore, our Contract also applies that distance communication means are used, which allow us to agree together without the simultaneous physical presence of Us and You, and the Contract is thus concluded in a distance manner in the E-shop environment, through the web page interface ("web interface of the E-shop").
If any part of the Terms conflicts with what we have agreed together as part of Your purchase process in Our E-shop, this specific agreement will take precedence over the Terms.
1. SOME DEFINITIONS
- Price is the financial amount that You will pay for the Goods;
- Shipping Price is the financial amount that You will pay for the delivery of the Goods, including the price for its packaging;
- Total Price is the sum of the Price and the Shipping Price;
- VAT is value added tax according to applicable legal regulations;
- Invoice is a tax document issued in accordance with the value added tax law for the Total Price;
- Order is Your binding proposal to conclude a Contract for the purchase of Goods with Us;
- User Account is an account created based on the data You provided, which allows the storage of entered data and keeping the history of ordered Goods and concluded Contracts;
- You are the person purchasing in Our E-shop, designated by legal regulations as the buyer;
- Goods is everything that You can purchase in the E-shop.
2. GENERAL PROVISIONS AND INSTRUCTIONS
- The purchase of Goods is only possible through the web interface of the E-shop.
- When purchasing Goods, it is Your obligation to provide Us with all information correctly and truthfully. We will therefore consider the information You provided in the Order as correct and truthful.
- On our E-shop, we also provide access to product reviews made by other consumers. We ensure and control the authenticity of such reviews by linking the reviews to specific orders, so in our internal system we can see the linked order ID for each review, and thus we are able to verify and prove that the review comes from a real consumer.
3. CONTRACT CONCLUSION
- A Contract with Us can only be concluded in the Czech language.
- The Contract is concluded at a distance through the E-shop, with the costs of using distance communication means being paid by You. However, these costs do not differ from the basic rate that You pay for using these means (i.e., especially for internet access), so You do not need to expect any additional costs charged by Us beyond the Total Price. By sending the Order, You agree that we use distance communication means.
- In order for Us to conclude the Contract, it is necessary that You create an Order in the E-shop. This proposal must include the following data: a. Information about the purchased Goods (in the E-shop You mark the Goods You are interested in purchasing with the "Add to Cart" button); b. Information about the Price, Shipping Price, method of payment of the Total Price and the required method of Goods delivery; this information will be entered as part of creating the Order within the user environment of the E-shop, with information about the Price, Shipping Price and Total Price being automatically displayed based on Your chosen Goods, method of its delivery and payment; c. Your identification and contact details serving for us to deliver the Goods, especially name, surname, delivery address, telephone number and email address.
- During the creation of the Order, You can change and check the data until its completion. After checking by clicking the "Order with payment obligation" button, You complete the Order. Before clicking the button, You must also confirm Your acknowledgment and agreement with these Terms, otherwise it will not be possible to complete the Order. A checkbox serves for confirmation and agreement. After clicking the "Order with payment obligation" button, all filled information will be sent directly to Us.
- We will confirm Your Order as soon as possible after it is delivered to Us with a message sent to Your email address specified in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the email message. The Terms in the wording effective on the date of the Order, i.e., in the wording attached as an attachment to the confirming email message, form an integral part of the Contract. By confirming the Order, a Contract is concluded between Us and You.
- There may also be cases where We will not be able to confirm Your Order. These are especially situations when the Goods are not available or cases when You order a larger number of pieces of Goods than is allowed from our side. However, we will always provide You with information about the maximum number of Goods in advance within the E-shop and it should not be surprising for You. In case any reason arises for which we cannot confirm the Order, we will contact You and send You an offer to conclude a Contract in a modified form compared to the Order. In such a case, the Contract is concluded at the moment when You confirm Our offer.
- In case a clearly incorrect Price is stated in the E-shop or in the Order, we are not obligated to deliver the Goods to You at this Price even if You have received confirmation of the Order and thus a Contract has been concluded. In such a situation, we will contact You immediately and send You an offer to conclude a new Contract in a modified form compared to the Order. The new Contract is concluded in such a case at the moment when You confirm Our offer. An obvious error in Price is considered, for example, a situation where the Price does not correspond to the usual price from other sellers or a digit is missing or extra.
- In case a Contract is concluded, You have an obligation to pay the Total Price.
- If You have a User Account established, You can place an Order through it. Even in such a case, You have the obligation to check the correctness, truthfulness and completeness of the pre-filled data. However, the method of creating the Order is identical to the case of a buyer without a User Account, but the advantage is that it is not necessary to repeatedly fill in Your identification data.
- In some cases, we allow You to use a discount for purchasing Goods. To provide a discount, it is necessary that You fill in the discount information in the designated field as part of the Order proposal. If You do so, the Goods will be provided to You with a discount.
4. USER ACCOUNT
- Based on Your registration within the E-shop, You can access Your User Account.
- When registering a User Account, it is Your obligation to state all entered data correctly and truthfully and to update them in case of changes.
- Access to the User Account is secured by a username and password. Regarding these access credentials, it is Your obligation to maintain confidentiality and not provide this data to anyone. In case they are misused, we bear no responsibility for it.
- The User Account is personal, and You are therefore not authorized to allow its use by third parties.
- We may cancel Your User Account, especially if You do not use it for more than 1 year, or if You breach Your obligations under the Contract.
- The User Account may not be available continuously, especially with regard to necessary maintenance of hardware and software equipment.
5. PRICING AND PAYMENT CONDITIONS, RETENTION OF TITLE
- The Price is always stated within the E-shop, in the Order proposal and of course in the Contract. In case of discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal shall apply, which will always be identical to the price in the Contract. The Order proposal also states the Shipping Price or conditions under which shipping is free.
- The Total Price is stated including VAT including all fees established by law.
- We will require payment of the Total Price from You after concluding the Contract and before handing over the Goods. You can make payment of the Total Price by the following methods: a. Bank transfer. We will send You information for making payment as part of the Order confirmation. In case of payment by bank transfer, the Total Price is payable within 5 days from receipt of the order. b. Online card payment. In such case, payment takes place through the Comgate payment gateway, with payment being governed by the conditions of this payment gateway, which are available at: www.comgate.cz. In case of online card payment, the Total Price is payable immediately. c. Cash on delivery. In such case, payment occurs upon delivery of the Goods against handover of the Goods. In case of cash on delivery payment, the Total Price is payable upon receipt of the Goods. d. Cash upon personal collection. Cash payment is possible in case of collection at Our establishment. In case of cash payment upon personal collection, the Total Price is payable upon receipt of the Goods.
- An Invoice will be issued electronically after payment of the Total Price and will be sent to Your email address. The Invoice will also be physically attached to the Goods and available in the User Account.
- Ownership rights to the Goods pass to You only after You pay the Total Price and take over the Goods. In case of payment by bank transfer, the Total Price is paid by crediting Our account, in other cases it is paid at the moment of making the payment.
6. GOODS DELIVERY, TRANSFER OF RISK OF DAMAGE TO THE ITEM
- The Goods will be delivered to You no later than within 30 days in the manner of Your choice, with You being able to choose from the following options: a. Delivery to address through Zásilkovna shipping company b. Delivery to pickup point through Zásilkovna shipping company
- Goods can only be delivered within the Czech Republic and to Slovakia.
- The delivery time of Goods always depends on its availability and on the chosen method of delivery and payment. The expected delivery time of Goods will be communicated to You in the Order confirmation. The time stated in these Terms is only indicative and may differ from the actual delivery time. In case of personal collection at the establishment, we will always inform You about the possibility of collecting the Goods via email.
- After taking over the Goods from the carrier, it is Your obligation to check the integrity of the Goods packaging and in case of any defects, immediately report this fact to the carrier and to Us. In case there was a defect in the packaging that indicates unauthorized manipulation and entry into the shipment, it is not Your obligation to take over the Goods from the carrier.
- In case You breach Your obligation to take over the Goods, except for cases according to Art. 6.4 of the Terms, 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 take over the Goods is not withdrawal from the Contract between Us and You. However, in such case, We have the right to withdraw from the Contract due to Your substantial breach of the Contract, or to store the Goods. If we decide to withdraw from the Contract, the withdrawal is effective on the day we deliver this withdrawal to You. Withdrawal from the Contract does not affect the right to payment of the Shipping Price, or the right to compensation for damage, if incurred.
- If, for reasons arising on Your side, the Goods are delivered repeatedly or in a different manner than agreed in the Contract, it is Your obligation to reimburse Us for the costs associated with this repeated delivery. Payment details for paying these costs will be sent to Your email address specified in the Contract and are payable within 14 days from delivery of the email.
- The risk of damage to the Goods passes to You at the moment when You take it over. In case You do not take over the Goods, except for cases according to Art. 6.4 of the Terms, the risk of damage to the Goods passes to You at the moment when You had the opportunity to take it over, but due to reasons on Your side, the takeover did not occur. The transfer of risk of damage to the Goods means for You that from this moment You bear all consequences associated with the loss, destruction, damage or any devaluation of the Goods.
- In case the Goods were not listed as in stock in the E-shop and an indicative availability time was stated, we will always inform You in case of: a. extraordinary production outage of the Goods, in which case we will always inform You of the new expected availability time or information that it will not be possible to deliver the Goods; b. delay in delivery of Goods from Our supplier, in which case we will always inform You of the new expected delivery time.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
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We guarantee that at the time of transfer of risk of damage to the Goods according to Art. 6.7 of the Terms, the Goods are without defects, especially that the Goods: a. correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed properties; b. are suitable for the purpose for which You require them and with which we agree; c. are delivered with agreed accessories and instructions for use, including assembly or installation manual; d. are suitable for the purpose for which Goods of this type are usually used; e. in quantity, quality and other properties, including durability, functionality, compatibility and safety, correspond to the usual properties of Goods of the same type that You can reasonably expect, also with regard to public statements made by us or another person in the same contractual chain, especially by advertising or labeling; f. are delivered with accessories, including packaging, assembly manual and other instructions for use that You can reasonably expect; and g. correspond in quality or execution to a sample or template that was provided to You before concluding the contract.
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Rights and obligations regarding rights from defective performance are governed by relevant generally binding legal regulations (especially provisions of § 2099 to 2117 and § 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
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In case the Goods have a defect, especially if one of the conditions according to Art. 7.1 is not fulfilled, You can report such a defect to Us and assert rights from defective performance (i.e., file a complaint about the Goods) by sending an email or letter to Our addresses stated in Our identification data, or personally at the address Čistá 351, 29423 Čistá. For complaints, You can also use the sample form provided by Us, which You can find on the complaints page. In asserting the right from defective performance, it is necessary to choose how You want the defect resolved, and You cannot subsequently change this choice without Our consent. We will handle the complaint in accordance with Your asserted right from defective performance.
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If the Goods have a defect, You have the following rights: a. to remove the defect by delivering new Goods without defect, or by delivering the missing part of the Goods; or b. to remove the defect by repairing the Goods,
unless the chosen method of defect removal would be impossible or disproportionately costly compared to the second method, which is assessed especially with regard to the significance of the defect, the value the Goods would have without the defect, and whether the defect can be removed by the second method without significant difficulties for You.
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We are entitled to refuse to remove the defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and the value the Goods would have without the defect.
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You also have the right to: a. a reasonable discount from the Price; or b. withdrawal from the Contract,
if: a. we refuse to remove the defect or do not remove it in accordance with legal regulations; b. the defect manifests repeatedly; c. the defect is a substantial breach of the Contract; or d. it is clear from our statement or from circumstances that the defect will not be removed within a reasonable time or without significant difficulties for You.
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The right to withdraw from the Contract does not apply if the defect of the Goods is insignificant.
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In case You caused the defect in the Goods Yourself, You do not have rights from defective performance.
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Wear of the Goods caused by its normal use or, in the case of used Goods, wear corresponding to the degree of its previous use is not a defect of the Goods.
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When filing a complaint, we will issue You a written confirmation stating: a. the date when You filed the complaint; b. what is the content of the complaint; c. what method of complaint resolution You require; d. Your contact details for the purpose of providing information about complaint resolution.
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Unless we agree on a longer period, within 30 days from receiving the complaint, we will remove the defects and provide You with information about complaint resolution to the stated contact details. If this period expires in vain, You can withdraw from the Contract or demand a reasonable discount.
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We will inform You about complaint resolution by email and issue You confirmation of the date and method of complaint resolution. If the complaint is justified, You are entitled to reimbursement of purposefully incurred costs. You are obligated to prove these costs, e.g., with receipts or confirmations of the price for shipping. In case the defect was removed by delivering new Goods, it is Your obligation to return the original Goods to Us, but we pay the costs of this return.
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In case You are entrepreneurs, it is Your obligation to report and point out the defect without undue delay after You could have discovered it, no later than within three days from taking over the Goods.
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In case You are a consumer, You have the right to assert rights from defective performance for a defect that occurs in consumer Goods within 24 months from taking over the Goods.
8. WITHDRAWAL FROM CONTRACT
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Withdrawal from the Contract, i.e., termination of the contractual relationship between Us and You from its beginning, may occur for reasons and in ways stated in this article, or in other provisions of the Terms where the possibility of withdrawal is expressly stated.
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In case You are a consumer, i.e., a person purchasing Goods outside the scope of their business activity, You have the right in accordance with provision §1829 of the Civil Code to withdraw from the Contract without giving a reason within 14 days from the day of concluding the Contract, or if it concerns the purchase of goods, then within fourteen days from its takeover. In case we have concluded a Contract whose subject is several pieces of Goods or delivery of several parts of Goods, this period begins to run from the day of delivery of the last piece or part of Goods, and in case we have concluded a Contract based on which we will deliver Goods to You regularly and repeatedly, it begins to run from the day of delivery of the first delivery.
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You can withdraw from the Contract in any demonstrable way (especially by sending an email or letter to Our addresses stated in Our identification data). For withdrawal, You can also use the sample form provided by Us, which You can find on the complaints page.
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However, even as a consumer, You cannot withdraw from the Contract in cases where the subject of the Contract is performance specified in § 1837 of the Civil Code.
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The period for withdrawal according to Art. 8.2 of the Terms is considered preserved if You send Us notification during it that You are withdrawing from the Contract.
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In case of withdrawal from the Contract according to Art. 8.2 of the Terms, You are obligated to send Us the Goods within 14 days from withdrawal and You bear the costs associated with returning the goods to Us. You have the right for Us to return the Shipping Price to You, but only in the amount corresponding to the cheapest offered method of Goods delivery that we offered for Goods delivery. In case of withdrawal due to Us breaching the concluded Contract, we also pay the costs associated with returning the goods to Us, but again only up to the amount of the Shipping Price in the amount corresponding to the cheapest offered method of Goods delivery that we offered during Goods delivery.
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In case 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 an account chosen by withdrawal from the Contract. However, the amount will not be returned earlier than we receive the Goods, or You prove to Us that they were sent back to Us. Please return the Goods to Us clean, if possible including the original packaging.
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In case of withdrawal from the Contract according to Art. 8.2 of the Terms, You are liable to Us for the reduction in value of the Goods that arose as a result of handling this goods other than is necessary for You to become familiar with the nature, properties and functionality of the Goods, i.e., in a way You would become familiar with the Goods in a brick-and-mortar store. In case we have not yet returned the Price to You, we are entitled to offset the claim for costs against Your claim for Price return.
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We are entitled to withdraw from the Contract at any time before we deliver the Goods to You if there are objective reasons why it is not possible to deliver the Goods (especially reasons on the side of third parties or reasons based on the nature of the Goods), even before the expiration of the time stated in Art. 6.1 of the Terms. We can also withdraw from the Contract if it is obvious that You have intentionally provided incorrect information in the Order. In case You are purchasing goods within Your business activity, i.e., as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.
9. DISPUTE RESOLUTION WITH CONSUMERS
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We are not bound in relation to buyers by any codes of conduct within the meaning of provision § 1826 para. 1 letter e) of the Civil Code.
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We ensure handling of consumer complaints through the electronic address info@hotboots.store. We will send information about complaint resolution to the buyer's electronic address.
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The Czech Trade Inspection Authority, with registered office Štěpánská 796/44, 110 00 Praha 1, Company ID: 000 20 869, internet address: http://www.coi.cz/ is competent for out-of-court resolution of consumer disputes from the Contract. The platform for online dispute resolution located at the internet address http://ec.europa.eu/consumers/odr can be used in resolving disputes between the seller and the buyer who is a consumer, from a purchase contract concluded by electronic means.
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European Consumer Centre Czech Republic, with registered office Štěpánská 796/44, 110 00 Praha 1, internet address: http://www.evropskyspotrebitel.cz/ is the contact point according to Regulation of the European Parliament and Council (EU) No. 524/2013 of 21 May 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/ES (regulation on online consumer dispute resolution).
10. FINAL PROVISIONS
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If Our and Your legal relationship contains an international element (i.e., 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 consumers, Your rights arising from legal regulations are not affected by this agreement.
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We will deliver all written correspondence with You by electronic mail. Our email address is stated in Our identification data. We will deliver correspondence to Your email address stated in the Contract, in the User Account or through which You contacted us.
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The Contract can only be changed based on our written agreement. However, we are entitled to change and supplement these Terms, but this change will not affect already concluded Contracts, but only Contracts that will be concluded after the effectiveness of this change, or we are to deliver Goods to You regularly and repeatedly based on the Contract. We will send You information about the change to Your email address at least 14 days before the effectiveness of this change. If we do not receive notice of termination of the concluded Contract for regular and repeated deliveries of Goods from You within 14 days of sending information about the change, the new conditions become part of our Contract and will apply to the next delivery of Goods following the effectiveness of the change. The notice period in case You give notice is 2 months.
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In case of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, supplier outages, etc.), we do not bear responsibility for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, both We and You have the right to withdraw from the Contract.
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Attached to the Terms is a sample form for complaints and a sample form for withdrawal from the Contract.
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The Contract including the Terms is archived electronically with Us, but is not accessible to You. However, You will always receive these Terms and Order confirmation with Order summary by email and will therefore always have access to the Contract even without Our cooperation. We recommend always saving the Order confirmation and Terms.
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These Terms become effective 22.05.2025.