You are currently reading the General Terms and Conditions (“Terms and Conditions”) of FOUL s.r.o., ID No.: 262 38 764, with its registered office at Průmyslová 159, Jejkov, 674 01 Třebíč, entered in the Commercial Register maintained by the Regional Court in Brno under File No. C 39469 (“we”).
We are mainly engaged in the production and sale of football pads, including accessories. One of the options is to have the pads made with customised printing according to your needs. The production is then carried out according to your requirements.
You may have already noticed, but just to be on the safe side – if any terms in these Terms and Conditions are in bold, quotation marks or brackets, it means these are abbreviations that we will continue to use throughout the document. The last thing you want is to read the entire title of the Civil Code on repeat.
At the same time, be sure to read the Terms and Conditions in their entirety to learn how the relationships between us as the sellers and you as the buyers (“you”) are regulated in our online shop, which can be found at www.foulshop.com (“online shop”).
But if you are not a fan of reading, here is a summary of the highlights in a few points (but we still recommend reading the full Terms and Conditions):
The Terms and Conditions consist of the following sections:
Contract. These Terms and Conditions regulate what our mutual rights and obligations are in connection with or under the purchase contract concluded between us via the online shop (“Contract”). The provisions of the Terms and Conditions are an integral part of the Contract. The Contract may include provisions that deviate from the Terms and Conditions. Any deviating provision of the Contract takes precedence over the Terms and Conditions.
Governing law. In addition to these Terms and Conditions, our relationship is also governed by Czech law, in particular, Act No. 89/2012 Sb., Civil Code, as amended (“Civil Code”), and Act No. 634/1992 Sb., on consumer protection, as amended (“Consumer Protection Act”), if you are a consumer.
Contact details. You can contact us at any time using these details:
Address: Průmyslová 159, Jejkov, 674 01 Třebíč, Czech Republic
Dalivery address: Rudíkov 41, 675 05 Rudíkov, Czech Republic
E-mail: [email protected]
Phone: +420 732 462 658
In a nutshell:
Presentation of goods. The presentation of our goods in the online shop is for information only, and we are not obliged to enter into a Contract on the basis thereof.
Order. You can place an order via the online shop (if you are not sure what to do, we will be happy to help from Monday to Friday from 9 a.m. to 5 p.m. at +420 732 462 658). You can put in your order by filling out the order form available in our online shop. When completing the order, you choose the goods, the number of pieces, one of the available colour variants and, if necessary, provide additional information. When ordering goods with customised printing, you can also add your individual requirements in the online shop (number, name, etc.). Before submitting the order, you are free to check and change any details. To submit the order, click on the “ORDER AND PAY” button. Before submitting the order, you must provide all your details accurately and confirm that you have read and agree to these Terms and Conditions and the information on the processing of personal data.
Minimum order requirements. The order must contain the necessary information so that we can issue order documentation and deliver the goods to you. In the order, you must provide at least: (1) your name and surname, (2) delivery method, (3) accurate contact details (phone number, e-mail address), (4) number of pieces, (5) characteristics of the ordered goods, (6) selected payment method, or (7) requirements for customised printing.
Order rejection. We may refuse an order that does not meet the minimum requirements or does not contain the required data or return it to you for completion. You will have seven days to complete it. If you fail to meet the deadline, we will cancel the order and withdraw from the Contract.
Personalised design. When creating an order in the online shop, you can upload an image (graphic design) and insert your own text to create a unique design for your goods. By uploading the image (graphic design) and text, you must not violate the obligations under Act No. 121/2000 Sb., on copyright, on rights related to copyright and on amendments to certain acts (“Copyright Act”), or any other third-party rights. You can only upload works to which you have the relevant rights (e.g. a licence). You are fully responsible for any violation of the Copyright Act, other legal regulations or third-party rights.
Custom-made goods. You can have our goods custom-made, where we will tailor them to your requirements sent by you.
Your information. When ordering goods, you are obliged to provide accurate and true information. We consider the information provided when ordering the goods to be accurate. We are not liable for any damage incurred as a result of you providing outdated, incorrect or incomplete information, for example, if we are unable to deliver the goods to you because you have provided an incorrect address.
Conclusion of the Contract. By submitting an order, you enter into a Contract with us under the terms set out in the order, these Terms and Conditions and the Contract. All orders placed via our online shop are binding. By entering into the Contract, we and you agree to be bound by these Terms and Conditions. The Contract is therefore concluded at the moment of submitting the order. We will confirm your order electronically by e-mail, thereby confirming the conclusion of the Contract. Along with this confirmation, we will send you these Terms and Conditions in PDF format.
Means of communication. When entering into the Contract, you agree to the use of remote means of communication and that we may communicate by e-mail or chat regarding the Contract after the Contract has been entered into, for example, regarding a claim or withdrawal from the Contract. You bear the costs incurred when using the remote means of communication (for example, costs of internet connection or phone calls), where the costs correspond to the standard rate.
Errors in pricing. If we make an error in the price quoted in our online shop or during the ordering process, we are not obliged to deliver the goods at such incorrect price. We will notify you of the error as soon as possible and send you an updated offer. The updated offer will represent a new draft Contract. In this case, the Contract is concluded upon your confirmation that you agree to the new and correct purchase price.
In a nutshell:
Purchase price. You are obliged to pay us the purchase price for the goods. All prices for goods and shipping are inclusive of VAT and any associated fees. The prices are valid on the day of submitting the order.
Tax document. For each payment, we will issue an invoice – tax document for you, which we will send to you electronically by e-mail.
Payment. Goods can be paid for in two ways: either in cash on delivery upon receipt of the goods from the carrier at the location specified by you in the order (except for personal pick-up), or wirelessly by bank transfer to our account or by card via GoPay or PayPal.
Procedure in case of non-receipt of payment (transfer or card). If you fail to pay the purchase price within the specified time limit (the purchase price is payable within a maximum of three business days), we reserve the right to cancel your order and withdraw from the Contract.
Procedure in case of cash on delivery. If we make the ordered goods and send them to you cash on delivery by courier service, you are obliged to accept the goods and pay the purchase price, including the shipping fee.
Special offers and discounts. If there is a special offer in our online shop, it is valid while stocks last or for the period specified by us. Unless provided otherwise, any discounts on the goods cannot be combined.
In a nutshell:
Dispatch of goods. Goods with the “in stock” status are available and dispatched as soon as possible (usually within two business days). In the case of personalised products (for example, pads with customised printing, embroidered socks or towels, etc.), the dispatch takes a little longer (usually seven business days).
Delivery of goods. We will deliver the goods to the location specified in the order within 30 days of the conclusion of the Contract. You are then obliged to accept the goods upon delivery. If you do not accept the goods, we will treat this as a withdrawal from the Contract and, in that case, we are entitled to claim compensation for the costs involved. If you collect the (paid) goods later than you were obliged to, we are entitled to charge you the storage costs for the period from when you were supposed to collect the goods to the moment you actually collected them. In the event that the goods have to be delivered repeatedly or in a different way than specified in the order for reasons on your part, you are obliged to pay the costs associated with the repeated delivery of the goods or the different method of delivery.
Longer delivery time. If the goods selected by you are not currently in stock or if the delivery requires a longer delivery time (which is usually not the case), we will immediately notify you and inform you about the approximate delivery date. You can decide whether you want to receive only a part of the order, wait for the currently unavailable goods or, in the last resort, cancel the order and withdraw from the Contract (unless the goods are custom-made). Which we will be very sorry about. In the event of cancellation of your order due to the unavailability of the goods, you will receive a refund as quickly as possible and in the same manner you made the original payment.
Method of delivery. Ordered goods are shipped via selected carriers listed in our online shop (for example, DPD, Czech Post, etc.). If the value of the ordered goods exceeds the limit specified in our online shop, we will bear the shipping costs. In exceptional cases, a different method of delivery and payment may be agreed upon individually.
Acceptance of goods. When accepting the goods, please check that the packaging is intact and notify the carrier immediately of any defects. If the packaging of the goods is damaged, you do not have to accept the shipment from the carrier. Fortunately, it does not happen often.
Title. The title to the goods will pass to you upon the payment of the full price (including shipping costs) but not before the acceptance of the goods. Liability for accidental destruction, damage or loss of the goods will pass to you upon the acceptance of the goods or at the moment when you were obliged to accept the goods but failed to do so in breach of the Contract.
Documentation. If there is any documentation or other materials related to the goods, we will deliver them to you with the goods or by e-mail if it is possible and efficient to deliver them electronically.
In a nutshell:
Right to withdraw from the Contract. As a consumer, i.e. an individual who concludes a Contract outside their business or similar activities, you have the right to withdraw from the Contract concluded online, via e-mail, phone or other remote means of communication within 30 days of the acceptance of the goods. If we dispatch the goods in several shipments, the period will begin upon the acceptance of the last shipment, but if we deliver the goods to you regularly, the period for withdrawal from the Contract will begin upon the first delivery. Please note that this article of the Terms and Conditions applies only to consumers; entrepreneurs do not have this right at all.
Exceptions. Please note that you do not have the right to withdraw from the Contract under this section of the Terms and Conditions if you have purchased goods custom-made to your requirements or customised to your personal needs. For example, if you purchase goods with your own design or if the goods cannot be returned for sanitary or health protection reasons, where we have delivered them to you in sealed packaging, and you have unsealed it.
Effects of withdrawal from the Contract. A withdrawal from the Contract cancels the Contract from the outset. This means that you will return the goods to us, and we will refund the purchase price (see below for more information on refunding the purchase price).
Process of withdrawal from the Contract. If you wish to withdraw from the Contract pursuant to this section of the Terms and Conditions, you can use the withdrawal form available here, send us an e-mail to [email protected] or contact us in any other way. If you wish to exercise your right to withdraw from the Contract without stating a reason pursuant to this section of the Terms and Conditions, you must do so within 30 days of the delivery of the goods to you.
Return of goods upon withdrawal from the Contract. You must send the goods to us within 14 days of withdrawal from the Contract. But please do not send them cash on delivery. You can try the goods, but only to become familiar with their nature, features and functionality. Simply put, just as if you were looking at/trying it in a brick-and-mortar store. If you try or use the goods more and the handling somehow reduces their value (e.g. by removing a tag or trying on pads at a football match), we may refund you the amount less the cost of restoring the goods to their original condition so that we can sell them to other customers.
Refund of the purchase price. We will refund the purchase price for the goods, including the lowest postage we offer (if you have paid the postage to have the goods delivered to you), within 14 days of you withdrawing from the Contract. We will refund your money in the same way as we received it from you, but we can agree on a different method of refund. However, we may withhold the payment until we receive the returned goods back or until you prove to us that you have sent the goods (for example, by confirmation from the carrier). You beat the cost of returning the goods, even if the goods cannot be returned by normal postal means due to their nature. In exceptional cases (especially if you are a regular customer), we may offer to cover the costs of the return.
Offsetting. If you have damaged the goods, we are entitled to unilaterally offset the claim for compensation for the damage to the goods against your claim for a refund. This means that if we incur any damage to the returned goods, we will deduct it from the original purchase price and refund any remaining balance to you.
In a nutshell:
Customised goods. You can also order customised goods from us, for example, pads with personalised printing. Such products usually take us a little longer to manufacture and deliver compared to our standard delivery time. The order must include your supporting documents, as these are essential for the execution of a customised order. All parameters of the supporting documents can be found in our online shop.
Supporting documents. When ordering customised goods, please first send us supporting documents, which we approve without undue delay. If the order does not contain all the necessary supporting documents, we will ask you to complete them, or we can complete them ourselves according to standard procedures. In such case, the Contract is concluded between us at the moment of receipt of the supporting documents. We will then e-mail you the final version of the graphic preview, which you can approve via a button in the e-mail. Once it is approved, the content of the supporting documents can no longer be changed.
Check. Please check carefully all the data in your supporting documents. If they contain an error that we cannot assess ourselves (especially with regard to names, numbers, dimensions, etc.) or if they are missing such information, we are not liable for any damage caused by the production of goods with such an error or missing information. We do not check the content of the supporting documents and information contained therein. We only check whether it is technically possible to produce the goods according to them.
Cancellation period. You can cancel your order in the period from the execution of the graphic preview of the personalised print until we start producing the goods, i.e. within 24 hours of the graphic preview of the personalised print.
Cancellation costs. In the event of cancellation, you are obliged to pay us the costs associated with the graphic preview of the personalised print of the pad in the amount of CZK 500 within seven days of cancellation of the order.
Order cancellation. In the event that we cancel the order ( we withdraw from the Contract, e.g. because we have sold out a particular item), we will notify you by e-mail to the e-mail address provided in the order or by phone at the number provided in the order. We will agree with you on the further procedure – e.g. replacement of the ordered goods with another or cancellation of the entire order. However, we will refund you any funds we have received from you, in the same way we have received them.
No withdrawal. In case of personalised modifications, you are not entitled to withdraw from the Contract since the goods are modified to your requirements. Simply put, we will not refund you for such purchased goods. Therefore, you hereby expressly agree to such a procedure pursuant to Section 1837(d) of the Civil Code.
In a nutshell:
What we are liable for. We are liable for ensuring that the goods are free of defects upon their receipt. This means that at the time you accept the goods, we are liable to ensure, in particular, that:
We are not liable for the last four points if we have specifically advised you prior to the conclusion of the Contract that a feature of the goods differs and you have expressly agreed to this when concluding the Contract.
What we are not liable for. We are not liable for:
Claim period. You can exercise your rights arising from defective performance within two years of acceptance of the goods. If the defect occurs within one of acceptance of the goods, the goods are deemed to have been defective upon acceptance unless precluded by the nature of the goods or the defect. If you purchase a used item from us, you can exercise your rights arising from defective performance within one year of acceptance of such goods.
Claim period suspension. If you have rightly complained about the defect, the two-year period for exercising rights arising from the defective performance does not run during the period when you could not use the item. For example, when we have the item in our possession during the claim procedure.
Instructions for use. Before installing or using the goods, you are obliged to review the instructions for use (if available) and then follow the information contained therein. Otherwise, you are at risk of damaging the goods by improper use, in which case you will not be entitled to claim the defect under your rights arising from our liability for defects.
Subjective expectations. We strive to produce our goods to the best of our ability. However, we cannot be held liable if we do not meet your subjective expectations and ideas (with the exception of defects).
In a nutshell:
Consumer. This section on the claim procedure applies only to consumers, i.e. individuals who have entered into a Contract with us outside their trade, business or profession.
Claims. You can file a claim, for example, electronically at [email protected] or by letter / in person at Průmyslová 159, Jejkov, 674 01 Třebíč. When making a claim, please provide us with: your contact details, a description of the defect in the goods (e.g. the pads have the wrong print) and the way you want your claim to be handled (e.g. I want the print to be adjusted).
Return of goods. In order to be able to assess the claim, we need to receive the goods as complete, i.e. as you received them from us. If possible, please include the original box and packaging. Goods are to be sent to FOUL s.r.o., Průmyslová 159, Jejkov, 674 01 Třebíč. Please do not send the goods cash on delivery, otherwise, we will not accept them.
Defective goods. If the goods have a defect, you can request its remedy. At your discretion, you can request:
unless the selected method of remedying the defect is impossible for us or is disproportionately costly compared to the other method. In that case, we may refuse to remedy the defect, in particular, with regard to the significance of the defect and the value that the goods would have without the defect. You are not obliged to pay the outstanding purchase price or part thereof until we meet our obligations arising from defective performance.
Discount or withdrawal from the Contract. You may request a reasonable discount or withdraw from the Contract in the following cases:
Handling claims. We will decide on your claim within three business days, or we will determine within the same timeframe whether a professional assessment is required to make a decision. The claim, including the remedy of the defect, will be settled without any undue delay, but no later than 30 days after making the claim unless we agree on a longer time limit. If we do not agree on a longer time limit and we fail to meet the 30-day deadline, you can withdraw from the Contract or request a reasonable discount.
Place of making a claim. Unless someone else (e.g. a repair shop) is designated to repair the goods, we are obliged to accept the claim at any location where this is possible with regard to the range of goods sold, or even at our registered office.
Confirmation. When you make a claim, we will send you an electronic confirmation stating the date of your claim, its contents, the requested method of settling the claim and your contact details so that we can let you know when the claim is settled. Subsequently, after the claim has been settled, we will issue you an electronic confirmation of the date and method of settlement of the claim, including confirmation of the repair and the duration of the repair, or written confirmation of the rejection of the claim.
Cost of making a claim. As a consumer, you have the right to be reimbursed for any reasonable costs incurred in connection with making a claim (if justified and recognised), provided that such costs are understood to be as low as possible. You must apply for reimbursement of the costs within one month of the end of the defect period, otherwise, you may not be reimbursed.
Claims in the case of improper use of goods. Before using any goods for the first time, you are obliged to read the instructions for use if we send them to you electronically or with the goods and then follow the information contained therein. Otherwise, you are at risk of damaging the goods by improper use, in which case you will not be entitled to claim the defect under your rights arising from our liability for defects.
In a nutshell:
Complaints. We handle your complaints via a contact e-mail address. We will notify you of settling your complaint at your e-mail address.
ADR with the Czech Trade Inspection Authority. As a consumer, if a dispute arises between us under the Contract that we are unable to resolve directly, you have the right to refer the dispute to the Czech Trade Inspection Authority (address: Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 44, 110 00 Prague 1, ID No.: 000 20 869; web: www.coi.cz; e-mail: [email protected]; phone: +420 296 366 360) to settle the consumer dispute out of court. You may exercise this right within one year from the date you first exercised your right that is the subject of the consumer dispute with us.
Online platform. In order to make a complaint or settle disputes under the Contract regarding the goods or services purchased from us or find an alternative dispute resolution entity, you can also use the European Commission’s online platform at: ec.europa.eu/consumers/odr/.
We are subject to inspections. We are entitled to sell the goods on the basis of our trade licence. The competent Trade Authority carries out the respective inspection within its competencies. The supervision of the protection of personal data will be exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, inter alia, the supervision of compliance with Act No. 634/1992 Sb., on consumer protection, as amended, within the defined range.
In a nutshell:
Invalid provisions. Should any provision of the Terms and Conditions be or become invalid or ineffective, such invalid provision will be replaced by a provision that comes as close as possible to the meaning of the invalid provision. The invalidity or ineffectiveness of one provision will not affect the validity of the remaining provisions.
International element. These Terms and Conditions, as well as the Contract between us, are executed in Czech. If the relationship established by the Contract (including the Terms and Conditions) contains an international (foreign) element, it is agreed that such relationship is governed by Czech law. This is without prejudice to the rights of the consumer arising from the applicable laws and regulations.
Dispute resolution. We will always try to resolve any disputes between us amicably. If this is not possible, we agree that disputes will be resolved by the competent court of the Czech Republic having the local jurisdiction according to our registered office as the seller.
Amendments to the Terms and Conditions. We may change and amend the Terms and Conditions. Any such amendment will be without prejudice to the rights and obligations that may have arisen during the effective period of the previous version of these Terms and Conditions. Simply put, the amendment to the Terms and Conditions will not affect the purchases already made. A link to the older version of the Terms and Conditions can be found at the end of this document. If the subject of the Contract between us is not just a one-time performance (for example, a one-time purchase of our goods), but we supply you on a long-term basis, we will inform you of the change in the Terms and Conditions by e-mail, notify you of the possibility to disagree with the changes and terminate the Contract for that reason. We will give you a reasonable period to do so. If you do not exercise your right to terminate the Contract, we will assume that you agree to the new version of the Terms and Conditions.
Copyright and industrial rights. We own all rights to the online shop, in particular, the copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements. It is prohibited to copy, modify or otherwise use the online shop or parts thereof without our consent. We hold the industrial rights to our goods, including the design rights to our goods, which may not be copied or imitated.
Using the online shop. We are not liable for any errors resulting from third-party intervention in the online shop or from the use of the online shop contrary to its intended use. When using the online shop, you must not use any procedures that could have a negative impact on its operation and must not carry out any activity that could allow us or third parties to interfere with or make unauthorised use of the software or other components of the online shop. You must not use the online shop or any part thereof or the software and equipment in a way that is contrary to its intended use or purpose.
Accessibility of the online shop. Please note that our online shop or parts thereof may not be available around the clock, mainly due to maintenance of our hardware and software or maintenance of third-party equipment.
Archiving of the Contract. We will send you the confirmation of the conclusion of the Contract by e-mail. The Contract, including these Terms and Conditions, is archived in electronic form and is not publicly available. If you need it, contact us at [email protected], and we will be happy to send it to you.
Personal data. We treat and protect your personal data in accordance with the law. All information you provide to us is considered confidential and will be treated as such. More information on personal data protection can be found in a separate document here.
Template form. A template form for withdrawal from the Contract is attached as an annex to the Terms and Conditions.
In a nutshell:
These Terms and Conditions are valid from 1. 6. 2023.