Terms and Conditions

commercial companies

svorto s.r.o.

with registered office at Průběžná 787/30, Prague 10 - Strašnice, Postal Code 100 00

identification number: 26128667

registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 72666

for the sale of goods through an on-line shop located at the following Internet address:
www.svorto.cz, www.svorto.com, www.svorto.sk, www.podiatech.cz, www.podiatech.sk

INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of svorto s.r.o., with its registered office at Průběžná 787/30, Prague 10 - Strašnice, Postal Code 100 00, identification number: 26128667, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 72666, contact e-mail svorto@svorto.cz, contact telephone number +420 241 740 339 (hereinafter referred to as the "Seller") regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the website located at www.svorto.cz, www.svorto.com, www.svorto.sk,www.podiatech.cz,www.podiatech.sk (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").

1.2 The Terms and Conditions do not apply if the person intending to purchase goods from the Seller is a legal person or a person acting in the course of ordering goods in the course of his business or in the course of his independent practice of his profession, unless expressly stated otherwise below. These terms and conditions contain information on the processing of personal data of natural persons, both business and non-business.

1.3 Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.

1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.

User account
2.1 Based on the Buyer's registration made on the Website, the Buyer may access its user interface. From his user interface, the Buyer can order goods under easier conditions (without having to fill in his data again), as well as keep track of his order history (hereinafter referred to as "user account"). The Buyer can also order goods without registration directly from the web interface of the shop.

2.2 When registering on the website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account whenever it changes. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.

2.3 Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.

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

2.5 The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 6 months or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).

2.6 The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

Conclusion of the purchase contract
3.1 All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.

3.2 The web interface of the shop shall contain information about the goods, including the prices of the individual goods and the costs of returning the goods if the goods cannot be returned by normal postal means by their nature. The prices of the goods are inclusive of value added tax and other statutory charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop and for the duration of the purchase contract. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.

3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4 To order goods, the Buyer shall fill in the order form in the web interface of the Shop. The order form contains in particular information about:

3.4.1. the goods ordered (the goods ordered are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),

3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and

3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").

3.5 Prior to sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct any errors made in entering data into the Order. The Buyer shall send the order to the Seller by clicking on the "CONFIRM ORDER AND PAY" button. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt of the order by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address"), and the message sent shall also include the terms and conditions as amended on the date of sending the order.

3.6 The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer's e-mail address.

3.7 The Buyer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself and shall not differ from the basic rate.

Price of goods and Payment terms
4.1 The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract to the Seller in the following ways:

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

by wire transfer to the Seller's account No.1387752980/2700, maintained with UniCredit Bank (hereinafter referred to as the "Seller's account");

cashlessly by credit card, in which case the payment is also subject to the terms and conditions of the payment gateway.

4.2 Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

4.3 The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4 In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 5 days of the conclusion of the purchase contract.

4.5 In case of non-cash payment by bank transfer, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment by bank transfer, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.

4.6 The Seller is entitled to demand payment of the full purchase price before the goods are sent to the Buyer.

4.7 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.

4.8 If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer regarding payments made on the basis of the Purchase Agreement. The Seller is a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.

Withdrawal from the purchase contract
5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a contract of sale for the supply of perishable goods made to the consumer's requirements or adapted to his/her personal needs, among other things, or goods which have a short shelf life, as well as goods which, by their nature, have been irretrievably mixed with other goods after delivery, and from a sales contract for the supply of goods in sealed packaging which, for reasons of health or hygiene, are not suitable for return after having been breached by the consumer.

5.2 Unless the case referred to in Article 5.1 or any other case in which the Purchase Contract cannot be withdrawn from, the Purchaser shall have the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods in accordance with the provisions of Section 1829(1) of the Civil Code, provided that if the subject of the Purchase Contract is several types of Goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the Goods. The withdrawal from the contract must be sent to the seller together with the goods within 14 days from the date of withdrawal. The withdrawal from the purchase contract together with the goods must be sent by the buyer to the address of the seller's premises svorto s.r.o. Letiště 1197, Otrokovice 765 02, the withdrawal itself can then also be sent in other unambiguous ways, for example via the seller's e-mail address specified in the terms and conditions. You can also withdraw via the form available here.

5.3 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route.

5.4 In the event of withdrawal from the contract, the Buyer must return the goods packed in the intact original packaging, undamaged, unworn, unsoiled and unused, in the condition in which they were received. In the event of a breach of the above obligation, the Buyer shall be liable to the Seller for any diminution in the value of the goods resulting from handling the goods in a manner other than that necessary for the Buyer to become familiar with the nature, characteristics and functionality of the goods.

5.5 In the event of withdrawal from the Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall, within fourteen (14) days from the date on which the Buyer has returned the Goods or has provided proof of their return to the Seller, refund the funds received from the Buyer by transfer to the Buyer's account. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods to the Seller or proves that it has sent them to the Seller.

5.6 The Seller shall be entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.

5.7 Until the goods are accepted by the Buyer, the Seller is entitled to withdraw from the Purchase Contract at any time. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, without any delay, by cash to the account designated by the Buyer.

5.8 If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.

Transport and delivery of goods
6.1 In the event that the method of transport is agreed upon at the specific request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this method of transport.

6.2 If the seller is obliged under the contract of sale to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods on delivery.

6.3 In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

6.4 On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event that the packaging is found to be damaged, indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.

6.5 Other rights and obligations of the parties in the carriage of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.

6.6 The Seller shall deliver the Goods to the Buyer within 30 days of the conclusion of the Purchase Contract, unless the Seller specifies a different delivery period for individual Goods. If the Buyer orders goods for which a delivery time longer than 30 days is indicated, by sending the order the Buyer agrees to this longer delivery time. In the event that the delivery time is longer than 30 days and this is not stated for the goods, the Seller will inform the Buyer of the longer delivery time and the Buyer must agree to this extension. In such case of extension of the delivery time, the buyer has the right to withdraw from the contract. However, the right of withdrawal shall cease if the buyer agrees to the new deadline.

7. Rights from Defective Performance

7.1 The rights and obligations of the contracting parties with regard to rights of defective performance are governed by the relevant generally binding legal provisions (in particular the provisions of Sections 1914 to 1922, 1924, 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2 The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer accepted the goods:

7.2.1. corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,

7.2.2. it is fit for the purpose for which the Buyer requires it and to which the Seller agrees,

7.2.3. it is supplied with the agreed accessories and instructions for use, including instructions for use (if required),

7.2.4. it is fit for the purpose for which goods of that kind are normally used, including having regard to the rights of third parties, legislation, technical standards or industry codes of practice where there are no technical standards,

7.2.5. it corresponds in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind which the buyer can reasonably expect, having regard also to public statements made by the seller or another person in the same contractual chain, in particular advertising or labelling,

7.2.6. it is supplied with such accessories, including packaging, instructions and other directions for use, as the buyer may reasonably expect; and

7.2.7. it corresponds in quality or workmanship to the sample or specimen provided by the Seller to the Buyer prior to the conclusion of the Contract of Sale (if provided, which the Seller is not obliged to do).

Paragraphs 7.2.4 to 7.2.7 do not apply if the seller has advised the buyer before the conclusion of the contract of sale that a characteristic of the goods is different and the buyer has expressly agreed to this when concluding the contract of sale.7 .3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, or in the case of second-hand goods to a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the Buyer, or if this results from the nature of the goods.

7.4 The buyer is entitled to exercise the right of defect that occurs in consumer goods within two years of receipt.

7.5 The rights from defective performance (COMPLAINT of goods) are exercised by the buyer with the seller according to the Claims Code. The moment of exercising the rights of defective performance is considered to be the moment when the Seller received the claim of defect from the Buyer. In order for the Seller to properly process the claim, the Buyer must send the goods to the Seller at the Seller's address specified in the Complaints Procedure. If the goods are not delivered to the Seller, the claim cannot be processed and the time within which the Seller must process the claim is extended by the Buyer's delay. If, as a result of the non-delivery of the goods, the seller cannot examine the goods, this may also be a reason for not accepting the alleged defect and therefore the claim.

Other rights and obligations of the parties
8.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods and acceptance of the Goods

8.2 The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of Section 1820(1)(n) of the Civil Code.

8.3 Out-of-court handling of consumer complaints is provided by the Seller via the electronic address svorto@svorto.cz. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's electronic address.

8.4 The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.5 In the event that a consumer dispute arises between the Seller and the Buyer under a contract of sale or a contract for the provision of services, which cannot be resolved by mutual agreement, the Buyer may submit a proposal for out-of-court settlement of such dispute to a designated entity for out-of-court settlement of consumer disputes, which is

Czech Trade Inspection Authority - Central Inspectorate - ADR Department Štěpánská 44, 110 00 Prague 1, Email: adr@coi.cz, Web:adr.coi.cz

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

8.7 The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

Personal data protection
9.1 The protection of the personal data of the buyer, who is a natural person (including a business), is regulated 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 referred to as "GDPR").

9.2 For the purposes of the performance of the Purchase Contract, the Seller, as the controller, processes the Buyer's personal data in the following scope: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as "Personal Data"). The legal basis for this processing is the performance of the contract with the data subject pursuant to Article 6(1)(b) GDPR and the performance of the related legal obligations of the seller under generally binding legal regulations pursuant to Article 6(1)(c) GDPR. Personal data will be processed for this purpose until the settlement of the buyer's mutual rights and obligations under the purchase contract and for no longer than the duration of the time limits allowing their storage according to generally binding legal regulations.

9.3 In case of registration and setting up a user account, the Buyer further agrees to the processing of his personal data by the Seller to the extent specified in Article 9.2 above and his purchase history for the purpose of maintaining the user account. The legal basis for this processing is the data subject's consent pursuant to Article 6(1)(a) GDPR. Personal data will be processed for this purpose until the Buyer withdraws consent or until the Seller exercises its right under Article 2.5 of these Terms and Conditions above.

9.4 The Seller also processes the Buyer's personal data in the scope of the e-mail address for the purpose of sending commercial communications, in accordance with the conditions set out in Section 7(3) of Act No. 480/2004 Coll., on Certain Information Society Services, as amended. The legal basis for this processing is its necessity for the purposes of the seller's legitimate interest in the promotion of its goods pursuant to Article 6(1)(f) GDPR. Personal data will be processed for this purpose until the buyer objects to this processing.

9.5 The Seller also processes the personal data of any contact person of the Buyer (natural or legal person) in the scope of name, surname, e-mail address and telephone number for the purpose of performance of the purchase contract. The legal basis for this processing is necessity for the purposes of the legitimate interest of the Seller and the Buyer in the performance of the Purchase Contract pursuant to Article 6(1)(f) GDPR. Personal data will be processed for this purpose until the settlement of the buyer's mutual rights and obligations under the purchase contract and for no longer than the duration of the time limits allowing their storage according to generally binding legal regulations.

9.6 The Buyer (or his/her contact person) acknowledges that they are obliged to provide their personal data (during registration, in their user account, when placing an order from the web interface of the shop) correctly and truthfully and that they are obliged to inform the Seller without undue delay of any change in their personal data.

9.7 The recipients of the personal data of the Buyer and/or his/her contact person will be public administration authorities (e.g. tax office) and subcontractors of the Seller (e.g. providers of IT, accounting and similar services) under the conditions set out in generally binding legal regulations. Personal data will not be transferred to third countries outside the scope of the GDPR.

9.7 The Buyer and/or its contact person have the right to request from the Seller access to, rectification or erasure of, or restriction of processing of, their personal data, and to object to processing (including objection to direct marketing in the case of sending commercial communications), as well as the right to data portability and the right to lodge a complaint with the supervisory authority (www.uoou.cz), all under the conditions set out in the GDPR. If the legal basis for the processing of personal data is consent (e.g. according to Article 9.3 above), the data subject has the right to withdraw his/her consent at any time, without prejudice to the lawfulness of the processing prior to its withdrawal.

9.8 The provision of personal data for the purposes set out in Articles 9.2 and 9.5 above is a contractual requirement and without it, the purchase contract cannot be concluded. The provision of personal data for the purposes referred to in Articles 9.3 and 9.4 above is entirely voluntary, however, in the absence of such provision it will not be possible to create a user account and/or send commercial communications to the Buyer.

Storage of cookies
10.1 The website stores so-called cookies on the buyer's device. More detailed information about cookies and the legal basis for the processing of data obtained on the basis of cookies is provided on the website.

Delivery
11.1 The Buyer will be delivered to the address specified in the electronic order.

Final provisions
12.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.

12.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible to the Buyer.

These Terms and Conditions shall come into force on 1.2.2023.