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GENERAL TERMS AND CONDITIONS

TERMS AND CONDITIONS

For the sale of goods via the online store located at www.kavefootwear.com

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of the company KAVEfootwear s.r.o., Executive Director: MgA. Eva Klabalová, Ph.D., with registered office at Žopy 80, 769 01 Holešov, Czech Republic, business premises at: Tovární 725, 769 01 Holešov, Company ID (IČ): 13997017, Tax ID (DIČ): CZ13997017, bank account for payments: 301681727/0300, maintained at ČSOB (hereinafter referred to as the "Seller"), govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract entered into between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store (hereinafter referred to as the "Purchase Contract"). The online store is operated by the Seller on a website located at the internet address http://www.kavefootwear.com (hereinafter referred to as the "Website"), via the website interface (hereinafter referred to as the "Web Interface of the Store").

1.2. The Terms and Conditions further govern the rights and obligations of the contracting parties when using the Seller's Website and other related legal relationships.

1.3. Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Contract. Any 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 Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Seller may amend or supplement the wording of the Terms and Conditions at any time. Any amendment or addition to the Terms and Conditions applies only to rights and obligations arising after the effective date of such amendment or supplement.

2. CONCLUSION OF THE PURCHASE CONTRACT

2.1. All presentations of goods placed on the Web Interface of the Store are of an informative nature, and the Seller is not obliged to enter into a Purchase Contract regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.

 

 

2.2. The Web Interface of the Store contains information about the goods, including the prices of individual items. Prices remain valid for as long as they are displayed on the Web Interface of the Store. This provision does not limit the Seller's ability to conclude a Purchase Contract under individually agreed conditions.

 

 

2.3. The Web Interface of the Store also contains information regarding packaging and delivery costs. Information on packaging and delivery costs specified in the Web Interface applies only to cases where the goods are delivered within the territory of the Czech Republic.

2.4. To order goods, the Buyer completes an order form in the Web Interface of the Store. The order form contains in particular information regarding:

  • 2.4.1. the ordered goods (the Buyer "places" the ordered goods into the electronic shopping cart of the Web Interface),

  • 2.4.2. the Buyer,

  • 2.4.3. the purchase price and method of payment,

  • 2.4.4. the required method of delivery, and

  • 2.4.5. costs associated with the delivery of goods

    (hereinafter collectively referred to as the "Order").

2.5. Before submitting the Order to the Seller, the Buyer is given the opportunity to review and modify data entered into the Order, including the ability to identify and correct data entry errors. The Buyer submits the Order to the Seller by clicking the "Order" button. The payment is then executed by clicking "Pay Online". If bank transfer is selected, payment details will be provided in the order confirmation email. The details provided in the Order are deemed correct. Promptly after receiving the Order, the Seller confirms receipt via email to the email address specified by the Buyer in their user account or Order (hereinafter referred to as the "Buyer's Electronic Address").

2.6. Depending on the nature of the Order (quantity of goods, purchase price amount, estimated shipping costs, etc.), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (e.g., in writing or by phone).

2.7. The contractual relationship between the Seller and the Buyer is established upon delivery of the acceptance of the Order, sent by the Seller to the Buyer by email to the Buyer's Electronic Address.

2.8. The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. Any costs incurred by the Buyer when using remote communication means in connection with concluding the Purchase Contract (internet connection costs, telephone costs) are borne solely by the Buyer; these costs do not differ from the standard rates.

3. PRICE OF GOODS AND PAYMENT TERMS

3.1. The Buyer may pay the price of the goods and any costs associated with delivery under the Purchase Contract to the Seller using the following methods:

  • 3.1.1. In cash at the location specified by the Buyer in the Order;

  • 3.1.2. Wire transfer to the Seller's bank account No. 301681727/0300, maintained at ČSOB (hereinafter referred to as the "Seller's Account").

3.2. Together with the purchase price, the Buyer is obliged to pay the Seller packaging and delivery costs in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of goods. As a Variable Symbol (payment reference), the Buyer must state the order number received in the confirmation email.

3.3. The Seller does not require an advance deposit or similar payment from the Buyer. This does not affect Article 3.6 regarding the obligation to pay the purchase price in advance.

3.4. In the case of cash on delivery or cash payment, the purchase price is payable upon receipt of the goods. In the case of bank transfer, the purchase price is payable within 30 days of concluding the Purchase Contract. In the case of wire transfer, goods are dispatched only after receipt of the full payment.

3.5. In the case of bank transfer, the Buyer is obliged to pay the purchase price stating the correct Variable Symbol. The Buyer's obligation to pay is fulfilled once the corresponding amount is credited to the Seller's Account.

3.6. If the Buyer fails to provide additional confirmation of the Order pursuant to Article 2.6, the Seller is entitled to require full payment of the purchase price prior to dispatching the goods. The provisions of Section 2119 (1) of the Civil Code shall not apply.

3.7. Any discounts provided to the Buyer by the Seller cannot be combined with one another.

3.8. If customary in business practice or required by generally binding legal regulations, the Seller will issue a tax invoice (receipt) regarding payments made under the Purchase Contract. The Seller is a registered Value Added Tax (VAT) payer. The tax document will be issued to the Buyer after payment and sent electronically to the Buyer's Electronic Address.

4. WITHDRAWAL FROM THE PURCHASE CONTRACT

4.1. The Buyer acknowledges that under Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract for the supply of goods customized according to the wishes of the consumer or tailored to their personal needs.

4.2. Pursuant to Section 1829 (1) of the Civil Code, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods. Notice of withdrawal must contain the identification of the Buyer and the goods returned under the Purchase Contract—see the Withdrawal Form at: https://www.kavefootwear.com/vymena-vraceni-reklamace/. This completed form must be enclosed inside the shoebox returned to the Seller.

4.3. In the event of withdrawal under Article 4.2, the Purchase Contract is cancelled from the beginning. Goods must be returned to the Seller within fourteen (14) days of receipt. The postmark/dispatch date determines compliance. The Buyer bears all costs associated with returning the goods to the Seller.

4.4. The Buyer has 14 days from receipt of the goods to try them on at home. In case of withdrawal under Article 4.2, the Seller will refund the purchase price within fourteen (14) days of receiving the returned goods, provided the return conditions are fully met:

Return Conditions:

  • Returned sneakers must show no signs of wear or use.

  • When trying on sneakers, please use clean white socks exclusively.

  • Sneakers must only be tried on indoors on a clean surface.

  • Sneakers must be returned complete with original packaging in their original shoebox, wrapped in foil, paper, or an outer delivery bag to prevent damage during transit.

  • Please do not tape directly onto the original shoebox! It must be wrapped.

IF THESE CONDITIONS ARE NOT MET AND SNEAKERS ARE RETURNED DAMAGED, SOILED, OR WITH SIGNS OF USE, THE RETURN AND WITHDRAWAL WILL NOT BE ACCEPTED, NO REFUND WILL BE ISSUED, AND THE GOODS WILL BE SHIPPED BACK TO THE BUYER'S ADDRESS (strictly for hygiene and product integrity reasons).

4.5. If a gift was provided along with the goods, the donation agreement is concluded with a resolutory condition that if the Buyer withdraws from the Purchase Contract, the donation agreement becomes void and the Buyer is obliged to return the provided gift together with the goods.

4.6. Warranty claims apply strictly to manufacturing defects that manifest within one month of purchasing KAVE sneakers. The sneakers are made from natural cotton and rubber; natural cotton has a limited lifespan. Warranty claims can only be accepted for manufacturing defects, not for standard wear and tear, physical damage, or the natural aging of materials.

5. TRANSPORT AND DELIVERY OF GOODS

5.1. If the mode of transport is arranged based on a special request of the Buyer, the Buyer assumes the risk and any additional costs associated with such transport.

5.2. If the Seller is obliged under the Purchase Contract to deliver the goods to a location specified by the Buyer in the Order, the Buyer is obliged to accept the goods upon delivery properly and on time.

5.3. If, for reasons on the Buyer's part, it is necessary to deliver the goods repeatedly or in a manner other than specified in the Order, the Buyer is obliged to pay the costs associated with repeated delivery or alternative delivery methods.

5.4. Upon receipt of the goods from the carrier, the Buyer is obliged to inspect the packaging integrity and immediately notify the carrier of any defects. If damaged packaging indicates unauthorized entry into the shipment, the Buyer is not required to accept the parcel.

5.5. Further rights and obligations of the parties during transport may be governed by special delivery terms of the Seller, if issued.

6. RIGHTS FROM DEFECTIVE PERFORMANCE (WARRANTY & CLAIMS)

6.1. The rights and obligations of the parties regarding defective performance are governed by applicable legal regulations (specifically Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code).

6.2. The Seller is responsible to the Buyer that the goods are free from defects upon receipt. Specifically, at the time the Buyer took over the goods:

  • 6.2.1. The goods possess the properties agreed upon by the parties, or properties described by the Seller or expected by the Buyer given the nature of the goods;

  • 6.2.2. The goods are fit for the purpose stated by the Seller or for which goods of this kind are normally used;

  • 6.2.3. The quality or design corresponds to the agreed sample or specimen;

  • 6.2.4. The goods are in the corresponding quantity, measurement, or weight; and

  • 6.2.5. The goods comply with statutory legal requirements.

6.3. The provisions of Article 6.2 do not apply to defects for which a lower price was agreed, to wear and tear caused by standard use, or for used items corresponding to the degree of previous use upon takeover.

6.4. If a defect appears within one month of receipt, the goods are presumed to have been defective upon receipt.

6.5. A claim is considered formally raised at the moment the Seller receives the claimed goods from the Buyer.

6.6. Further rights and obligations regarding warranty claims may be regulated in the Seller's Claims Procedure.

7. OTHER RIGHTS AND OBLIGATIONS

7.1. The Buyer acquires ownership of the goods upon paying the full purchase price.

7.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826 (1) (e) of the Civil Code.

8. PERSONAL DATA PROTECTION

8.1. Protection of personal data of a Buyer who is a natural person is provided pursuant to Act No. 101/2000 Coll., on Personal Data Protection, as amended (and applicable GDPR regulations).

8.2. The Buyer consents to the processing of the following personal data: first and last name, home address, email address, telephone number (hereinafter collectively referred to as "Personal Data").

8.3. The Buyer consents to the processing of Personal Data by the Seller for the purpose of exercising rights and fulfilling obligations under the Purchase Contract. Unless another option is selected, the Buyer also agrees to the processing of data for sending promotional communications and updates.

8.4. The Buyer is obliged to provide correct and truthful Personal Data during ordering and inform the Seller of any changes without undue delay.

8.5. The Seller may entrust a third party as a processor. Apart from shipping carriers, data will not be passed to third parties without prior consent.

8.6. Personal data will be processed indefinitely, in electronic automated form or printed non-automated form.

8.7. The Buyer confirms that the provided Personal Data is accurate and provided voluntarily.

8.8. If the Buyer believes data processing infringes their privacy or violates legal rules, they may request an explanation or demand correction.

8.9. If the Buyer requests information about the processing of their Personal Data, the Seller is obliged to provide it.

9. COMMERCIAL COMMUNICATIONS AND COOKIES

9.1. The Buyer agrees to receive information related to goods, services, or the business of the Seller and commercial communications sent to the Buyer's Electronic Address.

9.2. The Buyer agrees to the storage of cookies on their device. Consent may be revoked if purchasing is possible without cookies.

9.3. Communications may be delivered to the Buyer's Electronic Address.

10. FINAL PROVISIONS

10.1. If the legal relationship contains an international (cross-border) element, the parties agree that the relationship is governed by Czech law and subject to the jurisdiction of Czech courts, without prejudice to consumer protection rights under applicable local laws.

10.2. The Purchase Contract is archived electronically by the Seller and is not publicly accessible.

10.3. A model withdrawal form is attached as an annex to these Terms and Conditions.