Terms & Conditions

1. Preamble
These General Terms and Conditions (hereinafter referred to as GTC) apply to purchases in the online store www.fogies.shop which is operated by Roman Jakubec, ID No.: 08288461, with registered office at Korunní 108. shop, ID No.: 08288461, with registered office at Korunní 108 (hereinafter referred to as "Seller") and its business partners (hereinafter referred to as "Buyer"). All contractual relations are concluded in accordance with the law of the Czech Republic. By placing an order, the Buyer confirms that he/she has read these Terms and Conditions, of which the Complaints Procedure forms an integral part, and that he/she agrees to them. The Buyer shall be sufficiently notified of these terms and conditions and shall have the opportunity to acquaint himself with them before the actual execution of the order.

2. Definition
The Seller is Denisa Szynkaruková, ID No.: 08288461, with registered office at Korunní 108. A consumer is a natural person who, when concluding and performing the Purchase Contract with the Seller, is not acting within the scope of his/her trade or other business activity or within the scope of his/her independent exercise of his/her profession. When initiating business relations, the Consumer provides the Seller only with his/her contact details necessary for the smooth execution of the order, or the details he/she wishes to have on the purchase documents. Legal relations of the Seller with the Consumer not expressly regulated by these GTC are governed by the relevant provisions of Act No. 40/1964 Coll., Civil Code and Act No. 634/1992 Coll., on Consumer Protection, both as amended, as well as related regulations.
An entrepreneur is defined as: a person registered in the Commercial Register (in particular, companies), a person who operates a business on the basis of a trade licence (a sole trader registered in the Trade Register), a person who operates a business on the basis of a licence other than a trade licence under special regulations (this includes, for example, freelance professions such as the legal profession, etc.), and a person who carries out agricultural production and is registered in the register under a special regulation.
Legal relations of the Seller with the Buyer, who is an entrepreneur, not expressly regulated by these GTC or the Contract between the Seller and the Buyer shall be governed by the relevant provisions of Act No. 513/1991 Coll., Commercial Code, as amended, as well as related regulations. The Seller's individual Contract with the Buyer is superior to the Terms and Conditions.

3. Consumer Contract
Purchase contract, contract for work, or other contracts under the Civil Code, if the contracting parties are on the one hand the consumer and on the other hand the supplier, or the Seller.

4. Processing of personal data
All handling of personal data of the Buyers is governed by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended, and other legal regulations in force in the Czech Republic. The Buyer freely decides (by pressing the button) that he is aware of all the above and agrees to the further processing of his personal data for the purposes of the business activities of the operator of this e-shop. The provision of personal data is voluntary, you have the right to access the data and you are entitled to protection of your rights to the extent provided by law. You may withdraw this consent in writing at any time. Personal data will be fully secured against misuse. Data will be stored and will not be shared with third party applications. The controller hereby informs the data subject and provides him/her with explicit instructions on the rights arising from Act No. 101/2000 Coll, on the protection of personal data, i.e., in particular that the provision of personal data to the controller is voluntary, that the data subject has the right to access them, has the right to revoke the above consent at any time in writing at the address of the controller, and further has the right to contact the Office for Personal Data Protection in the event of a violation of his/her rights and to request appropriate remedies, which are, for example The data subject shall be entitled to the following remedies: refraining from such actions by the controller, elimination of the situation, apology, correction or completion, blocking, destruction of personal data, payment of financial compensation, as well as the exercise of other rights arising from Sections 11 and 21 of this Act. If the Buyer wishes to rectify the personal data processed about him/her by the Operator or the Seller, he/she may request it at the email address ciao@fogies.com or at the above mentioned postal address of the Operator or the Seller.

5. Order and conclusion of the Contract
The Buyer is entitled to send an order to the Seller only through the ordering system of the e-shop. The proposal for the conclusion of the Purchase Contract is the placement of the offered goods by the Seller on the site, the Purchase Contract is formed by the sending of the order by the Buyer consumer and the acceptance of the order by the Seller. The Seller will immediately confirm this acceptance to the Buyer by an informative email to the specified email, but this confirmation does not affect the formation of the Contract. The resulting Contract (including the agreed price) may only be amended or cancelled by agreement of the parties or on legal grounds. These GTC are drawn up in the English language and the Purchase Contract may also be concluded in English only. A consumer who is permanently resident in a member state of the European Union outside the territory of the Czech Republic, or who is a citizen of a member state of the European Union outside the territory of the Czech Republic, by confirming the order agrees to conclude the purchase contract in the Czech language. After the conclusion of the purchase contract, it is not possible to ascertain whether any errors occurred in the processing of data prior to placing the order or to correct such errors. The concluded purchase contract is/is not archived by the Seller and is/is not accessible to the Buyer upon request within 1 year from the date of its signing.

6. Price and payment
The offer and the prices quoted on the Seller's online shop are contractual, final, always up-to-date and valid for as long as they are offered by the Seller in the online shop. The shipping costs are specified in the section "Delivery time
and delivery conditions". The costs of using remote means of communication shall be borne by the Buyer. The final calculated price after filling in the order form is already indicated including the shipping costs. The price stated for the goods at the time of ordering by the Buyer shall apply as the price at the conclusion of the Contract between the Seller and the Buyer. The tax document based on the Purchase Contract between the Seller and the Buyer also serves as the delivery note. The Buyer may only take over the goods in principle after they have been paid for in full, unless otherwise agreed. If the Buyer makes payment and the Seller is subsequently unable to ensure delivery of the goods, the Seller shall immediately return the performance to the Buyer in the agreed manner. The time limit for reimbursement of the funds spent depends on the chosen method of reimbursement, but may not exceed 30 days from the time when this impossibility arose. The goods shall remain the property of the Seller until full payment. The Seller accepts the following payment terms.

7. Delivery time and delivery conditions
The Seller shall fulfil delivery of the goods by handing over the goods to the Buyer or by handing over the goods to the first carrier, whereby the risk of damage to the goods shall also pass to the Buyer. The availability of the product is always indicated in the details of this product. The delivery time is dependent on the availability of the product, payment terms and delivery conditions, and is a maximum of 14 days. In normal cases we will dispatch the goods within 14 working days of payment of the full purchase price. The final delivery date is always stated in the email confirming the order. The delivery does not include installation of the purchased goods. The Buyer will receive a tax document/invoice together with the shipment. The delivery period begins for goods to be paid for by the Buyer upon receipt, i.e. on delivery, on the date of valid conclusion of the Purchase Agreement according to Article IV of these GTC. In case the Buyer has chosen a payment option other than payment of the goods upon receipt, the delivery period starts only from the full payment of the purchase price, i.e. from the crediting of the relevant amount to the Seller's account.
In the case of exchange of goods within 14 days of purchase, the Buyer is charged for the cost of postage, each time the goods are sent to the Buyer. In the event of the Buyer returning the goods to the Seller within 14 days, the Buyer shall pay the cost of postage. In the case of an order of goods worth more than 1000 CZK, the Seller shall bear the costs of shipping and payment.

8. Warranty and service
For the sale of consumer goods, the warranty period is 24 months; for the sale of food products, the warranty period is eight days. If the sold item, its packaging or the instructions attached to it have a time limit for the use of the item marked on them in accordance with special legislation, the warranty period expires on the expiry of this time limit.
The warranty does not cover wear and tear caused by normal use. In the case of goods sold at a lower price, the guarantee does not cover defects for which the lower price was agreed. In the case of second-hand goods, the seller shall not be liable for defects corresponding to the degree of use or wear and tear the goods had when they were taken over by the buyer. In accordance with applicable European Union law, a Buyer who is a business and purchases goods in connection with his business shall not be provided with a guarantee for the goods beyond the Seller's general liability for defects in the goods upon delivery. Buyers who are entrepreneurs and purchase goods in connection with their business activities are granted a warranty period of 12 months. In order to claim warranty repair, it is necessary to present the purchase document (receipt, invoice, lease contract) or the warranty certificate. In case of sending the goods to the Seller, it is necessary to pack the goods for transport in such a way as to prevent damage during transport. The Seller does not provide the Buyers with after-warranty service.

9. Complaints Procedure
In the event that a defect occurs during the warranty period, the Buyer, depending on the nature of the defect, shall have the following rights when exercising the warranty: a.) the right to free, proper and timely removal of the defect b. ) the right to the replacement of the defective goods or defective component, unless this is disproportionate in relation to the nature of the defect c.) in the event that the procedures referred to in a.) and b.) are not possible, the right to a reasonable discount on the purchase price or withdrawal from the purchase contract in the case of a non-removable defect: a.) the right to the replacement of the defective goods or withdrawal from the purchase contract
in the case of a removable defect, if the Buyer cannot use the goods properly due to the recurrence of the defect after repair (i.e. the goods have already been claimed 3 times for the same defect) or due to a greater number of defects a.) the right to replacement of the defective goods or withdrawal from the purchase contract if there are other irremovable defects and if the consumer does not request the replacement of the goods: a.) the right to a reasonable discount on the purchase price or withdrawal from the purchase contract The claim can be filed with the Seller in all of his establishments.

Complaints do not apply in the following cases:
where the defect or damage has been proven to have arisen from improper use, contrary to the instructions for use or other improper conduct of the Buyer proven unauthorised interference with the goods defects arising from normal wear and tear of consumer goods with a specified period of use under special legislation, if such claim is made after the expiry of this period defects caused by natural disasters.

10. Termination of the Contract
Due to the nature of the conclusion of the Purchase Contract via distance communication, the Buyer, who is a consumer, has the right to withdraw from this Contract without any penalty within 14 days of receipt of the goods. Furthermore, the Buyer who is a consumer has the right to withdraw from the Contract in accordance with the provisions of Section 53 (7) and (8) of Act No. 40/164 Coll., Civil Code, as amended. The above does not apply to a Buyer who is an entrepreneur and concludes the Purchase Contract in connection with his business activity. In the event of the aforementioned withdrawal from the Contract, the Seller shall send the purchase price to the Buyer's bank account, which the Buyer shall communicate to the Seller for this purpose.
The Seller shall have the right to withdraw from the Contract if the Buyer fails to pay the full amount of the purchase price within 30 days from the date of conclusion of the Purchase Contract.

11. Final provisions
The Buyer shall allow the Seller to perform its obligations in accordance with the Offer/Contract and shall cooperate with the Seller in all necessary ways. The Buyer agrees to pay all costs incurred by the Seller in sending reminders and the costs of recovery of any claims. The Buyer acknowledges that the Seller is entitled to assign its claim under the Contract to a third party. The Buyer shall promptly notify the Seller of any change in its identification data within 5 working days of the date of such change. The parties agree to use their best efforts to amicably resolve any disputes arising out of or in connection with the Contract and/or the GTC. The mutual obligation relationship of the Parties shall be governed by the law of the Czech Republic, in particular Act No. 40/1964 Coll., the Civil Code, as amended. For the purposes of contracting with an international element, in accordance with Article III of Regulation No. 593/2008 on the law applicable to contractual obligations, adopted by the European Parliament and the Council of the European Union on 17 June 2008 (hereinafter referred to as "Rome I"), they hereby choose Czech law as the law applicable to the Purchase Contract and these GTC, excluding the application of the "United Nations Convention on Contracts for the International Sale of Goods". This choice is without prejudice to Article VI Rome I concerning consumer contracts. In the event that any provision of the Contract and/or the GTC is or becomes or is found to be invalid or unenforceable, the validity and enforceability (to the fullest extent permitted by law) of the remaining provisions of the Contract and/or the GTC shall not be affected. In such cases, the parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision which shall, to the fullest extent permitted by law, have the same meaning and effect as was intended by the provision to be replaced. As a matter of legal prudence, the Parties hereby declare, for cases of contracting with an international element for any disputes (except for disputes over which the exclusive jurisdiction of the arbitrator is given and/or in connection therewith) or for cases in which it would be found by a final decision of a court that there is no jurisdiction of the arbitrator under this Article of the GTC, that in accordance with Art. 23 of Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which provides for the exclusive jurisdiction of the Municipal Court to adjudicate any future disputes arising out of and/or in connection with the Contract and/or the GTC. The Parties also hereby establish the exclusive jurisdiction of the Municipal Court in Prague for all disputes in connection with the Contract and the GTC (except for disputes over which the arbitrator has exclusive jurisdiction and/or in connection therewith). These GTC shall come into force and effect on 1 January 2013 and are also available on the Seller's website. The Seller is entitled to change these GTC at any time. The GTC shall then cease to be valid and effective on the date of entry into force of the later GTC.

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