General terms and conditions

Article I

Definition of terms

1. The www.shapenbarefoot.com online store (hereinafter referred to as eShop) is operated by SHAPEN s.r.o. having its registered office at Kamenna 3851/10, 841 10 Bratislava, Slovakia, Company ID: 51 740 907, registered in the Commercial Register of the City Court of Bratislava III, Section Sro, File No. 128808/B.

2. SHAPEN s.r.o. having its registered office at Kamenna 3851/10, 841 10 Bratislava, Slovakia, Company ID: 51 740 907, registered in the Commercial Register of the City Court of Bratislava III, Section Sro, File No. 128808/B is the Seller.

3. Goods and services offered by SHAPEN eShop are supplied by SHAPEN s.r.o., having its registered office at Kamenna 3851/10, 841 10 Bratislava, Slovakia, Company ID: 51 740 907, registered in the Commercial Register of the City Court of Bratislava III, Section Sro, File No. 128808/B is the Seller.

4. All the products offered by SHAPEN online store are regarded as goods and services.

5. The Buyer is any natural person entering into the Contract with the Seller by confirming an Order under Article III below.

6. Where the Buyer is a natural person acting outside their line of business, employment or profession, when concluding and performing the Contract, then the Buyer is also a Consumer.

7. By sending 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 eShop.

3. Shipping costs are specified in Article V, Delivery Terms and Conditions.

4. If you are ordering from outside of EU you may have to pay import tax and duty charges. Import taxes and taxes vary from country to country and they depend on the value of your order. If you're unsure about whether you'll be subject to customs fees, we recommend contacting your local customs office for more information. I mport taxes are implemented by your local government to mostly (but not only) protect your local economy and regulate international trade. Clearing customs and paying import taxes is the sole responsibility of the buyer/customer. SHAPEN s.r.o. (ltd) cannot be held responsible for customs procedures or if taxes of any kind are charged to you upon delivery of your purchase. Please bear in mind that import taxes differ from shipping costs added to your order before you confirm your purchase. Import taxes do not go to SHAPEN s.r.o. (ltd) and are usually collected by the carrier on behalf of your local customs authorities. If you choose to refuse the customs fee and the parcel returns to us, a shipping and handling fee may be deducted.

Article III

Ordering goods and concluding a Contract of Sale

1.  When placing an order, the buyer confirms that the purchase is solely for personal use.

2. The Buyer can order any goods available in the eShop  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 and 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 terms and conditions of sale.

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 duly and timely informed that the party's order has been cancelled by email or by phone.

6. The Buyer may cancel an order before it is confirmed by the Seller under Article III.

7. To provide information to the Buyer, a Buyer's email address indicated on the Purchase Order will be used and within the meaning of Section 2, subsection 7 or Act 102/2014 Coll. on the Protection of Consumers in Sale of Goods or Provision of Services under Remote Contracts or Contracts executed outside the Business Premises of the Seller, as amended it is considered a durable medium.

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 the 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 email.

6. In the event of goods unavailability, a proforma invoice (non-tax document) is issued and sent to the Buyer by email.

7. An invoice will contain the price of ordered goods and shipping costs.

Article V

Terms of delivery

1. The Buyer is entitled to choose a shipping method offered by the Seller's online store that is most convenient to the Party.

2. The Buyer is entitled to free shipping provided that the Buyer meets the terms and conditions specified by the Seller, attaining the purchase order price levels as per the Seller's current offer.

3. If the weight or size of one purchase order exceeds the standard service rates of transportation companies, the Seller is entitled to notify the Buyer in order to reach a solution. The Buyer may reduce an order 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 available ordered item will be sent to the Buyer within 5 working days from the day the payment is credited to the Seller's bank account. If an item cannot be delivered within a specified deadline, the Seller shall notify the Buyer by email or by phone.

5. An unavailable ordered item will be sent to the Buyer within 30 working days from the day the payment is credited to the Seller's bank account. If an item cannot be delivered within a specified deadline, the Seller shall notify the Buyer by email or by phone.

6. Shipping methods including prices - read our shipping section. 

7. If the goods are shipped 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 can refuse to accept the parcel not complying with the provisions of Contract of Sale, 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 Acceptance Report. You have to notify us of an incomplete or damaged parcel immediately by sending an email to info@shapenbarefoot.com and to compile a Parcel Damage Report with the Shipper and send it immediately to the Seller by email or by post.

Article VI

Contract Withdrawal and Goods returned by the Buyer without giving any Reason

1. Where the Buyer is a Consumer, the Buyer can withdraw from the Contract the Party entered into by purchasing the product through the eShop within 30 days from the day of goods delivery. 

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 an item, the Buyer shall send it to the eShop address together with the proof of purchase and filled in contract withdrawal form. We recommend to send the goods as a complete package, undamaged, clean and in original packaging. An item shall be returned in the same condition the Buyer has accepted it. An item cannot be returned as cash on delivery, the Seller reserves the right to refuse such item.

4. Provided that all the requirements are met, the Seller will send a refund for returned item (if the whole order is returned, also the amount of the cheapest postage offered by the Seller) to the Buyer's account within 14 days from the contract withdrawal at latest. 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 the Party sent the goods back to the Seller.

5. The Buyer shall meet all the costs of returning the goods.

6. The Seller shall not 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 shall mean the difference between the shipping costs charged to the Consumer and the costs of the cheapest shipping method offered by the Seller.

7. If the Seller finds out that a returned item does not comply with the requirements set out in the General Terms and Conditions of Sale (e. g. an item must be unused, in original packaging, have original tags), the Seller cannot accept such item and it will be sent back to the Buyer at the Buyer's expense as a used item.

Article VII

Warranty and Complaint Policy

1. You may return only faulty goods bought in our online store  www.shapenbarefoot.com.

2. Where the Buyer is a Consumer (a natural person acting outside their line of business, employment or profession), 24 months warranty is provided for new goods, unless stated otherwise on the goods and the provisions of Act No. 250/2007 Coll. on Consumer Protection, as amended 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 for such goods; however, the Seller is not liable for defects of these goods. In case of used product, 12-month Warranty is provided.

3. If the Buyer is an Entrepreneur, the provisions of Act No. 513/1991 Coll. as amended apply and the warranty period is 6 months. The lower quality goods, marked as 3rd class quality goods are an exception since the warranty for such goods is not provided. The lower quality goods (2nd or 3rd quality class) are the goods having visual defects. The Seller is not liable for goods defects in the following cases.

4. The Warranty does not cover the goods provided to the Consumer free of charge or as a prize in a competition. It can be only exchanged for a different size within 14 days of the receipt of goods.

5. The Warranty period starts on the date of acceptance of goods from the Seller, on the date of its acceptance.

6. The Buyer is obliged to complain about faulty goods to the Seller as soon as the Buyer finds that the goods have a defect.

7. The Seller is not held liable for the following defects:

• Visual and functional changes to the goods and their parts resulting from wear and tear during the warranty period.
• Wear and tear resulting from incorrect selection and use of goods.
• Wear and tear resulting from the failure to comply with the requirements for purpose, care and maintenance of goods.
• Mechanical damage (scuff marks, deformation of counters when the shoes are put on without a shoe horn, unlaced or unzipped or the top or bottom material is cut with the 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.

7. Warranty covers:

• Manufacturing and material defects (with exception of 2nd and 3rd quality goods for which the lower prices were established) or
• other conflict with the Contract of Sale (e. g. two left shoes or two right shoes instead of a correct pair, missing part of an item) arising out during the Warranty period from the date of sale while complying with the requirements for item purpose, recommended care and maintenance specified in a warranty certificate.

8. A faulty item is an item having a defect limiting or preventing its further use, whereas the cause of defect is not item wear and tear, intentional or unintentional damage or disregard of basic maintenance requirements.

9. 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.

10. Uneven texture, partial shade unevenness and natural marks (scars, wrinkles) are not a defect but characteristic feature of natural hides.

11. Your right to complain about faulty goods ceases to exist when the warranty period expires.

12. The warranty period cannot be mistaken for the life cycle of a product, i.e. time which a product can last if the right care and maintenance are provided with regard to its properties, purpose and intensity of use.

13. A faulty item shall be sent to the Seller's address below (not as a cash on delivery). An item shall be complete, properly cleaned and dried to ensure that a complaint assessment process is not hindered by the general principles of hygiene. An item shall be accompanied by a proof of purchase (invoice) and warranty certificate. For faster complaint resolution please fill in the complaint form or describe a defect you are complaining about.

14. The Seller shall confirm the receipt of complaint and issue an acknowledgement of faulty good complaint to the Buyer. The date of faulty item delivery to the Buyer for complaint handling procedure is considered the date of filing a complaint. Consequently, the Seller registers a complaint in a complaint log.

15. If an acknowledgement of complaint cannot be delivered immediately, then it must be delivered without undue delay, not later than the delivery of a final response. The final response will be sent to the Consumer in writing.

16. The faulty goods returned at the Seller's expense and improperly cleaned goods not accompanied by an invoice or a proof of purchase and warranty certificate will not be accepted for complaint handling procedure and will be returned to the Buyer at the Buyer's expense without prior notice.

17. The Seller shall immediately determine how to resolve a complaint, in complicated cases within 3 days from the date of submitting a complaint. In justified cases, especially when a complicated technical assessment of goods is required, within 30 days from the date of submitting a complaint. After determining how to resolve a complaint, the Seller will immediately resolve a complaint, in justified cases a complaint can be resolved later. However, a compliant resolution may not last more than 30 days from the date of submitting a complaint. If the Seller accepts the subject matter of complaint later than the date when a complaint was submitted, than the compliant resolution deadlines start on the date when the Seller has accepted the faulty goods for complaint handling procedure; however not later than the moment when the Seller disables or prevents the acceptance of the subject matter of complaint. After the expiration of period for complaint resolution, the Buyer is entitled to withdraw from the contract and to get a full refund or to have the faulty goods exchanged for new goods.

18. If the Consumer submitted a complaint within the first twelve months from the purchase, a complaint can be refused only on the basis of professional assessment. Regardless of the result of professional assessment, the Consumer cannot be requested to pay expenses for professional assessment and other costs associated with professional assessment. A copy of professional assessment with the reason why a complaint was refused will be sent to the Consumer within 14 days from the date of complaint resolution.

19. If the Consumer submitted a complaint after 12 months from the date of purchase and a complaint was refused, a final response will contain information where the Consumer may send the goods for professional assessment. If the goods are sent for professional assessment to an appointed person, the costs related to professional assessment and other associated prudently incurred costs are born by the Seller regardless of the result of professional assessment. If the Seller's liability for faulty goods is established by the professional assessment, then the Consumer may submit a complaint again. The warranty period stops to run during the professional assessment. The Seller shall reimburse the Consumer for all the costs related to professional assessment and all associated prudently incurred costs within 14 days from the date when a complaint was submitted anew. A complaint submitted anew cannot be refused.

20. The Buyer's rights when submitting a complaint: 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 a defect. Instead of defect removal the Buyer may request to have a defective item 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 an item to be used as a flawless item, the Buyer is entitled to have an item exchanged or is entitled to withdraw from the contract. The same rights pertain to the Buyer if the defects can be removed but the Buyer cannot use an item 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 to use an item in a proper manner, the Buyer is entitled to a reasonable discount.c) A complaint is resolved by ending the complaint handling procedure - hand over of the repaired goods, exchange of the goods, refund of the purchase price of the goods, reasonable discount from the purchase price of the goods, written notice to accept the performance or justified refusal of a complaint.

21. The Complaint handling procedure is an integral part of these General Terms and Conditions of Sale published on the website www.shapenbarefoot.com and the Seller reserves the right to change them at any time without prior notice.

22. Documents related to the returned faulty goods can be sent to the following address:

• by post: SHAPEN s.r.o. (ltd), Na Riviere 2, 84104 Bratislava / SLOVAKIA

Article VIII

Rights and responsibilities of the Parties

1. The Seller and the Buyer are the Parties to the Contract.

2. The Seller has a right to refuse an Order as referred to in these General Terms and Conditions of Sale but in particular when the Seller suspects dishonest activities or has a previous negative experience with the customer.

3. The Buyer shall:

• accept ordered goods or services
• pay the Seller an agreed price for the goods or services,
• check the package integrity or goods or services when accepting them.

4. The Seller shall:

• deliver the goods in requested quality and amount for an agreed price to a Customer,
• deliver to the Customer all documents relating to the goods such as invoice, warranty certificate and user guide.

Article IX

Final provisions

1. The Seller reserves the right to change and amend these General Terms and Conditions of Sale and Complaint Handling Policy without prior notice. If the General Commercial Terms and Conditions of Sale or Compliant Handling Policy are changed, an entire purchase process is governed by the General Commercial Terms and Conditions of Sale that were applicable at the time when an Order was sent by the Buyer. They are available on the Seller's website.

2. The Complaint Handling Policy is an inseparable part of these General Commercial Terms and Conditions.

3. Where the Buyer is not a Consumer, the provisions of these General Commercial Terms and Conditions concerning consumers do not apply.

4. The relationships that are not set forth in these General Terms and Conditions of Sale and their integral parts (Annexes) are governed by the applicable provisions of the Slovak law, in particular:

• for the sale of goods to the Buyer where the Buyer is a Consumer: Act No. 40/1964 Coll, Act No. 250/2007 Coll., Act No. 102/2014 Coll.; and
• for the sale of goods to the Buyer where the Buyer is not a Consumer: Act No. 513/1991 Coll.

5. These General Terms and Conditions of Sale including their inseparable parts become effective and come to force on April 16, 2019.

6. If the Consumer is not satisfied how the Seller resolved the Complaint or the Consumer believes that the Seller has violated the Consumer's rights, the Consumer may ask the Seller for remedy. If the Seller refuses the request for remedy or does not respond to this request within 30 days from the date of its dispatch, the Consumer may under Section 12 of Act No. 391/2015 Coll. on Alternative Consumer Disputes Resolution as amended appeal for alternative dispute resolution. The Slovak Trade Inspection (www.soi.sk) or other authorized legal entity registered in the list of alternative dispute resolution entities kept by the Ministry of Economy of the Slovak Republic is a competent entity for alternative dispute resolution with brick and mortar stores and online stores operators ( https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1), whereas the Consumer is entitled to appeal to any of above mentioned alternative dispute resolution entities. To file a motion for alternative dispute resolution, the Consumer may also use an online dispute resolution platform available at http://ec.europa.eu/consumers/odr/. The Consumer will find details about the filing fees on the alternative dispute resolution entity website.

On 16th day of April 2019 in Bratislava