Article I

Definition of terms

  1. Seller is SHAPEN s.r.o. having its registered office at Pribinova 34, 811 09 Bratislava, Company ID: 51 740 907, registered in the Commercial Register of the Municipal Court Bratislava III, Section Sro, Insert No. 128808/B (the “Seller”)
  2. Buyer is any natural person entering a contractual relationship with the Seller through confirmation of an order under Article III below.
  3. Consumer is a natural person acting outside their line of business, employment or profession in relation to a consumer contract, resulting obligations or business practices.
  4. E-shop at www.shapenbarefoot.com (the “E-shop“) is operated by the Seller.
  5. All the products offered by the SHAPEN e-shop are regarded as goods or services.
  6. By placing an order as per Article III below, the buyer acknowledges to have read these General Terms and Conditions and to agree to them.

Article II

Price of goods

  1. All prices shown for goods or services are final, VAT inclusive, but they do not include shipping costs (delivery costs).
  2. When selling goods or services the Seller is bound by the prices shown in the E-shop.
  3. Shipping costs are specified in Article V, Delivery Terms and Conditions.
  4. Seller is a VAT payer.

Article III

Order and conclusion of a sales contract

  1. By placing an order, the buyer confirms that the purchase is solely for personal use.
  2. The buyer can order any goods available at www.shapenbarefoot.com
  3. The Seller shall confirm the availability of goods to the buyer by email within the next 24 hours. Once the availability is confirmed, the buyer's order becomes accepted and binding whereby the contract is concluded.
  4. The buyer agrees to pay the total purchase price including shipping costs (delivery costs) for ordered goods in accordance with the applicable sales terms and conditions.
  5. The Seller reserves the right to cancel an order if in the meantime (time that has lapsed from the moment when the buyer placed an order and the moment it was confirmed by the Seller) the stock has been sold out or ordered goods cannot be delivered due to other reason (e. g. the goods are available, but they are damaged). The buyer will be informed duly and timely by email or by phone that the order has been cancelled.
  6. The buyer may cancel an order before it is confirmed by the Seller under Article III.
  7. Buyer´s e-mail address provided in the order will be used for delivering information to the buyer and is considered a durable medium pursuant to Sec. 2(f) of Act No. 108/2024 Coll. on Consumer Protection and on amendments and additions to certain acts.

Article IV

Payment terms

  1. The buyer is entitled to choose any payment method offered by the Seller's online store.
  2. If the Seller has not received the payment for an order within 24 hours after its confirmation, the Seller has right to cancel such order and to withdraw from the contract.
  3. Available goods are sent to the buyer once the funds have been credited to the Seller's bank account.
  4. Unavailable goods are sent to the buyer once the funds have been credited to the Seller's bank account and the goods have been restocked. Delivery may take up to 30 days.
  5. An invoice (tax document) is issued and sent to the buyer by e-mail. By placing an order the buyer agrees with the invoice being sent in an electronic form. The buyer is responsible for accuracy and full functionality of the e-mail address he provided in the order.
  6. If the goods are not available, a proforma invoice (non-tax document) is issued and sent to the buyer´s e-mail address.
  7. It is ordered goods as well as shipping costs that are invoiced.

Article V

Terms of delivery

1. Buyer is entitled to choose any of the shipping methods offered by the Seller's online store that is most convenient for him.
2. Buyer is entitled to free shipping provided that he meets conditions specified by the Seller, i.e. reaching certain price level for an order as per Seller's current offer.
3. If the weight or size of one order exceeds the standard rate services of transportation companies, the Seller may inform the buyer thereof in order to find a solution. The buyer may either reduce the order´s volume to comply with the parcel size requirements or to pay a higher price for bulky parcel according to the applicable price lists of transportation companies.
4. An ordered item that is available will be sent to the buyer within 5 working days from the day the payment is credited to the Seller's bank account. If the item cannot be delivered within the said time limit for any reason, the Seller shall notify the buyer thereof by email or by phone.
5. An ordered item that is not available will be sent to the buyer within 30 working days from the day the payment is credited to the Seller's bank account. If the item cannot be delivered within the said time limit for any reason, the Seller shall notify the buyer thereof by email or by phone.
6. Delivery methods and current prices (all prices include VAT) can be found on the Shipping page.
7. If the goods are being delivered by a shipping company, the buyer shall check the parcel upon its acceptance (number of packages, integrity of packaging - box) to ensure that its contents have not been damaged during the transport. The buyer may refuse to accept the parcel not complying with the provisions of the sales contract, e. g. the parcel is incomplete or damaged. If the buyer accepts a damaged parcel from the shipping company, the damage must be described in the acceptance report. You have to notify us of an incomplete or damaged parcel immediately by sending an email to [email protected] and to compile a parcel damage report with the shipping company and send it immediately to the Seller by email or by post.

Article VI

Withdrawal from sales contract and return of goods without stating reasons

  1. Buyer, who is a consumer, may withdraw from the sales contract he concluded through the E-shop within 30 days from the delivery of goods.
  2. The withdrawal conditions set out in this Article VI shall not apply to a non-consumer Buyer or a Buyer with residential address in outside of the European Union.
  3. If the buyer has already received the purchased goods, he shall send it to the E-shop address together with the proof of purchase and filled in contract withdrawal form. We recommend sending the goods in full packaging, undamaged, clean and in original packaging, in the same condition and value in which the buyer received the goods. The goods cannot be returned as cash on delivery, the Seller reserves the right to refuse receipt of such goods.
  4. Provided that all the requirements are met, the Seller will send a refund for the returned goods (if the whole order is being returned, also the amount of the cheapest postage offered by the Seller) to the buyer's account from which the payment for the order was made within 14 days from the withdrawal from the sales contract. The Seller is not obliged to refund money to the consumer before the Seller receives the goods or before the consumer provides a proof that he sent the goods back to the Seller.
  5. The buyer shall bear the costs of returning the goods and be liable for any decrease in value of the goods resulting from handling the goods beyond what is necessary to assess their quality and functionality. If the goods are returned incomplete or damaged, the Seller may request compensation from the buyer corresponding to the decrease in value of the goods pursuant to Sec. 21(4) of Act No. 108/2024 Coll. on Consumer Protection and on amendments and additions to certain acts.
  6. Pursuant to Sec. 19(1) of Act No. 108/2024 Coll. on Consumer Protection and on amendments and additions to certain acts the buyer may not withdraw from the sales contract in the following cases:
    a)delivery of goods produced according to the consumer´s specifications or custom-made goods,
    b) delivery of goods subject to quick decrease in quality or decay,
    c) delivery of goods enclosed in protective packaging that are not advisable to return due to health protection or hygiene reasons, if the packaging was compromised after delivery
  7. The Seller is not required to pay the consumer additional costs if the consumer expressly selected a shipping method that is not the cheapest standard shipping method offered by the Seller. Additional costs are defined as the difference between to the costs of the shipping method selected by the consumer and the costs of the cheapest shipping method offered by the Seller.
  8. If the Seller finds out that the returned goods do not comply with the requirements set out in the General Sales Terms and Conditions (e. g. the goods must be unused, in original packaging, have original tags), the Seller cannot accept such goods and they will be sent back to the buyer at the buyer's expense as used goods.

Article VII

Warranty Policy

  1. You may only return faulty goods bought in the online store www.shapenbarefoot.com. 
  2. If the buyer is a consumer (a natural person acting outside their line of business, employment or profession), 24 months warranty period is provided for new goods, unless stated otherwise on the goods and the provisions of Act No. 108/2024 Coll. on Consumer Protection and on amendments and additions to certain acts and Act No. 40/1964 Coll. Civil Code as amended apply. Lower quality goods (2nd or 3rd quality class) are the goods having visual defects. The consumer is provided 24 months warranty period for such goods as well; however, the Seller is not liable for defects of these goods. In case of used goods, 12-month warranty period is provided.
  3. If the buyer is an entrepreneur, the provisions of Act No. 513/1991 Coll. Commercial Code as amended apply and the warranty period is 6 months. The lower quality goods marked as 3rd class quality goods are an exception since there is no warranty for such goods. The lower quality goods (2nd or 3rd quality class) are the goods having visual defects. The Seller is not liable for such defects.
  4. The warranty does not cover the goods provided to the consumer free of charge or as a prize in a competition. It can only be exchanged for a different size within 14 days of the receipt of goods.
  5. The warranty period starts to run on the day the goods are received and accepted by the buyer.
  6. The buyer is obliged to file a warranty claim with the Seller as soon as the buyer finds that the goods are defective.
  7. The Seller shall not be held liable for the following defects:
    • Visual and functional changes to the goods and parts thereof resulting from wear and tear during the warranty period.
    • Wear and tear resulting from incorrect choice and use of goods.
    • Wear and tear resulting from the failure to heed the principles of intended use, care and maintenance of goods.
    • Mechanical damage (scuff marks, deformation of counters resulting from shoes being put on without a shoehorn, unlaced or unzipped or the top or bottom material being cut with sharp objects).
    • Deterioration of a footwear lining due to sweating.
    • Wearing out a heel lining by wearing the shoes unlaced.
    • Wearing out a lining in the toe joints area resulting from choosing the wrong size and perimeter width.
    • Damage to the goods caused by oil, diesel, petrol and other aggressive substances.
  8. Warranty covers:
    • manufacturing and material defects (with the exception of 2nd and 3rd quality goods defects for which the lower prices were established) or
    • other conflict with the sales contract (e. g. two left shoes or two right shoes instead of a correct pair, missing part of a product) arising within the warranty period while complying with the intended use of the goods, recommended care and maintenance specified in a warranty certificate.
  9. Defect is a fault in the goods limiting or preventing its further use, given that this condition was not caused by wear and tear of the goods, intentional or unintentional damage or disregard of basic maintenance requirements.
  10. The leather parts and also some internal parts of footwear are dyed and at the beginning of use increased sweating or soaking can lead to colour staining (the dyes are non-toxic).
  11. Uneven texture, slight differences in shade and natural marks (scars, wrinkles) are not a defect but a characteristic feature of natural hides.
  12. Right to file a warranty complain expires upon the expiry of the warranty period.
  13. The warranty period cannot be confused with the life cycle of a product, i.e. time for which a product can last if the right care and maintenance are provided with regard to its properties, intended use and intensity of use.
  14. Goods under warranty claim shall be sent to the Seller's address below (not as cash on delivery). The goods must be complete, properly cleaned and dried to ensure that a complaint assessment process is not hindered by the general principles of hygiene. The goods shall be accompanied by a proof of purchase (invoice) and warranty certificate. For faster warranty claim resolution, please, fill in the warranty claim form or describe the defect you are reporting.
  15. The Seller shall confirm the receipt of a warranty claim and issue an acknowledgement of faulty goods complaint to the buyer together with the information on time limit for removing the defect. The date of delivery of the faulty goods to the Seller for warranty claim procedure is considered the date of asserting the warranty claim. Consequently, the Seller registers the warranty claim in a warranty claims log.
  16. If an acknowledgement of the warranty claim cannot be delivered immediately, it must be delivered without undue delay, however, not later than the delivery of a final response on the resolution of the warranty claim. The final response on the resolution of the warranty claim containing reasons for refusing liability for the defects will be sent to the consumer in writing.
  17. The faulty goods returned at the Seller's expense and goods not cleaned properly, not accompanied by an invoice or a proof of purchase and warranty certificate will not be accepted for warranty claim procedure and will be returned to the buyer at the buyer's expense without prior notice.
  18. The Seller shall determine a method for resolving the warranty claim immediately, in complicated cases within 3 days from the date of asserting a warranty claim. In justified cases, especially when a complicated technical assessment of goods is required, within 30 days from the date of asserting a warranty claim. After determining the method for resolving the warranty claim, the Seller will immediately resolve the warranty claim, in justified cases it can be resolved later. However, the warranty claim resolution must not take more than 30 days from the date of asserting the warranty claim. If the Seller accepts the subject matter of the warranty claim later than on the day of asserting the warranty claim, the warranty claim resolution deadlines start to run on the day the Seller has accepted the faulty goods for warranty claim procedure. After expiration of time limit for warranty claim resolution, the buyer is entitled to withdraw from the sales contract and to get a full refund or to have the faulty goods exchanged for new ones.
  19. The Buyer's rights in asserting a warranty claim:
    a) Where a defect can be removed, the buyer is entitled to have it removed free of charge, in a proper and timely manner. The Seller shall decide how to remove the defect. Instead of defect removal the buyer may request to have the defective product exchanged for a good one provided that no unreasonable costs are incurred to the Seller with respect to the price of goods and defect severity.
    b) Where a defect cannot be removed and prevents the product from being used as a flawless product, the buyer is entitled to have the product exchanged or to withdraw from the sales contract. The same rights pertain to the buyer if the defects can be removed but the buyer cannot use the product in a proper manner due to recurring defects or higher number of defects. If the defects cannot be removed but they do not prevent the buyer from using the product in a proper manner, the buyer is entitled to a reasonable discount.
    c) A warranty claim is deemed resolved upon conclusion of the warranty claim procedure - return of the repaired goods, exchange of the goods, refund of the purchase price of the goods, reimbursement of a reasonable discount from the purchase price of the goods, written notice to accept the performance or its justified refusal.
  20. The Warranty Policy forms an integral part of these General Sales Terms and Conditions available at www.shapenbarefoot.com and the Seller reserves the right to amend them at any time without prior notice to the buyer.
  21. Faulty goods and documents related to the warranty claim procedure should be sent according to the instructions provided on the Return and claim of goods page.
  22. If the buyer is not satisfied with the way the Seller resolved the buyer´s warranty claim, the buyer may ask the Seller to resolve the dispute. Address for submitting requests is: [email protected]. If the Seller´s response to the request for remedy is negative or if the Seller does not respond within 30 days from submitting the request, the consumer has right to file a proposal for commencement of an alternative resolution of his dispute pursuant to Sec. 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution and on amendments and additions to certain acts.
  23. If the Seller and the buyer fail to resolve the dispute, the buyer may file a complaint with the alternative online dispute resolution platform provided by the European Commission and Slovak online dispute resolution bodies. The online dispute resolution platform is available at:
    https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
    One of the competent bodies for alternative consumer dispute resolution is Slovak Trade Inspection, the Inspectorate for the region of Bratislava, Prievozská 32, P.O. Box 5,820 07 Bratislava 27, Department of technical control of products and consumer protection and Legal department, phone number: 02/ 58272 172, 02/58272 104, http://www.soi.sk, http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi or other authorised legal entity included in the list of alternative dispute resolution bodies kept by the Ministry of Economy of the Slovak Republic: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.

Article VIII

Rights and obligations of the contracting parties

  1. The Seller and the buyer are parties to the contract.
  2. The Seller has a right to refuse an order in cases as per these General Sales Terms and Conditions, however, also if the Seller suspects unfair activities or has a previous negative experience with the customer.
  3. The buyer is obliged to:
    • accept ordered goods or services
    • pay the Seller an agreed price for the goods or services,
    • check the package integrity or goods or services themselves when accepting them.
  4. The Seller is obliged to:
    • deliver the goods to the buyer in requested quality and amount for an agreed price,
    • deliver to the buyer all the documents relating to the goods such as invoice, warranty certificate and user guide.

Article IX

Loyalty program

  1. The Seller may offer the buyer the opportunity to participate in a voluntary loyalty program, the terms and conditions of which are set out in a separate document titled General Terms and Conditions of the SHAPEN Loyalty Program, available on the seller’s website. Participation in the loyalty program is voluntary and requires the buyer's separate and explicit consent to these terms.

Article X

Final provisions

  1. The Seller reserves the right to amend these General Sales Terms and Conditions and Warranty Policy even without prior notice. If the General Sales Terms and Conditions or Warranty Policy are amended, an entire purchase process is governed by the General Sales Terms and Conditions valid at the time of placing an order by the buyer. They are available on the Seller's website.
  2. The Warranty Policy forms an integral part of these General Sales Terms and Conditions.
  3. If the buyer is not a consumer, the provisions of these General Sales Terms and Conditions concerning consumers do not apply.
  4. Relationships not regulated by these General Sales Terms and Conditions and their integral parts (Annexes) shall be governed by the applicable provisions of the Slovak law, in particular:
    • for the sale of goods to the buyer who is a consumer: Act No. 40/1964 Coll. Civil Code, Act No. 108/2024 Coll. on Consumer Protection and on amendments and additions to certain acts,
    • for the sale of goods to the buyer that is not a consumer: Act No. 513/1991 Coll. Commercial Code.
  5. 5. These General Sales Terms and Conditions including their integral parts come into effect and force on July 1, 2024.