General terms and conditions

of the company ZEMAN / TECHNOGROUP sro, ID: 28073436, with its registered office at Českomoravská 1181/21, 190 00 Prague 9

1. Preamble

These general terms and conditions (hereinafter also the GTC) apply to purchases in the online store http://zemanboots.com/ , which is operated by ZEMAN / TECHNOGROUP sro, ID: 28073436, with its registered office at Českomoravská 1181/21, 190 00 Prague 9, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 163295. These GTC regulate the relations between the Buyer and the Seller in the area of the sale of goods between ZEMAN / TECHNOGROUP sro, ID: 28073436, with its registered office at Českomoravská 1181/21, 190 00 Prague 9, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 163295 (hereinafter referred to as the "Seller") and its business partners (hereinafter referred to as the "Buyer").

All contractual relationships are concluded in accordance with the legal system of the Czech Republic. By placing an order, the Buyer confirms that he has read these terms and conditions, of which the complaints procedure forms an integral part, and that he agrees with them. The Buyer is sufficiently informed of these terms and conditions before placing the order and has the opportunity to familiarize himself with them.

2. Definition

2.1. Seller

The seller is (company) ZEMAN / TECHNOGROUP sro, Company ID: 28073436, with its registered office at Českomoravská 1181/21, 190 00 Prague 9, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 163295.

2.2. Buyer

The buyer is a consumer or a businessman.

A consumer is a natural person who, when concluding and performing a purchase contract with the Seller, is not acting within the scope of his commercial or other business activity or within the independent exercise of his profession. When initiating business relations, the consumer provides the Seller only with his contact details necessary for the smooth processing of the order, or with the details he wants to have included on the purchase documents.

Legal relations between the Seller and the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, both as amended, as well as related regulations.

An entrepreneur is understood to mean:

• a person registered in the commercial register,
• a person registered in the commercial register (especially a company),
• a person who conducts business on the basis of a trade license (a tradesperson registered in the trade register),
• a person who conducts business on the basis of a license other than a trade license under special regulations (this includes, for example, liberal professions such as law, etc.), and
• a person who operates agricultural production and is registered in accordance with a special regulation.

Legal relations between the Seller and the Buyer, who is an entrepreneur, not expressly regulated by these GTC or the Contract between the Seller and the Buyer are governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, as well as related regulations.

The Individual Agreement between the Seller and the Buyer takes precedence over the terms and conditions.

2.3. Consumer Agreement

Purchase contract, work contract, or other contracts according to the Civil Code, if the contracting parties are the consumer on one side and the supplier or seller on the other.

3. Processing of personal data

All handling of Buyers' personal data is governed by Act No. 101/2000. Coll., on the protection of personal data, as amended, and other legal regulations valid in the Czech Republic. The buyer, by his free decision (by pressing the Order button ) indicates that he is aware of all the above facts 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 rights to the extent provided by law. You can revoke this consent in writing at any time. Personal data will be fully secured against misuse. The data will be stored and will not be shared with third-party applications.

By providing the above personal data and clicking on the confirmation icon, the Buyer voluntarily agrees that the data provided to the extent that they have filled in a specific case or that were obtained about them on the basis of a concluded Purchase Agreement or while browsing the Operator's website will be processed by the Operator and the Seller, whose data is listed in the Preamble to these terms and conditions, as the administrator for the purpose of offering the Administrator's services and products, sending information about the Administrator's activities, including by electronic means (in particular e-mail, SMS messages, telemarketing) in accordance with Act No. 480/2004 Coll., for the period until the withdrawal of this consent (e.g. by sending any message to the email: info@zeman.cz). The Administrator may authorize a third party, as the processor, to process the above personal data.

The Administrator hereby informs the data subject and provides them 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 administrator is voluntary, that the data subject has the right to access them, has the right to withdraw the above-mentioned consent at any time in writing at the administrator's address and, in the event of a violation of their rights, has the right to contact the Office for Personal Data Protection and demand appropriate redress, which is, for example, refraining from such action by the administrator, eliminating the situation that has arisen, providing an apology, carrying out corrections or additions, blocking, liquidation of personal data, payment of monetary compensation, as well as exercising other rights arising from Sections 11 and 21 of this Act. If the Buyer wishes to correct the personal data that the Operator or the Seller processes about them, they can request this at the email address info@zeman.cz or at the above-mentioned postal address of the Operator or the Seller.

We measure your satisfaction with your purchase through e-mail questionnaires as part of the Verified by Customers program, in which our e-shop is involved. We send these to you every time you make a purchase from us, unless you refuse to receive them pursuant to Section 7(3) of Act No. 480/2004 Coll. on certain information society services. We process personal data for the purposes of sending questionnaires as part of the Verified by Customers program based on our legitimate interest, which consists of determining your satisfaction with your purchase from us. To send questionnaires, evaluate your feedback and analyze our market position, we use a processor, which is the operator of the Heureka.cz portal; for these purposes, we may provide information about the purchased goods and your e-mail address to it. Your personal data is not provided to any third party for its own purposes when sending e-mail questionnaires. You can object to the sending of e-mail questionnaires as part of the Verified by Customers program at any time.You can opt out of further questionnaires by using the link in the questionnaire email. If you object, we will not send you the questionnaire again.

4. Order and conclusion of the Contract

The Buyer is entitled to order goods from the Seller through the e-shop ordering system or by telephone.

The proposal to conclude a purchase contract is the placement of the offered goods by the Seller on the website, the purchase contract is formed by sending an order, or by a telephone order of the Buyer by the consumer and 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, however, this confirmation has no effect on the formation of the Contract. The resulting Contract (including the agreed price) can be changed or canceled only on the basis of an agreement between the parties or on the basis of legal reasons.

The Seller is unable to store some types of less sold goods for long-term storage due to capacity and economic reasons. When ordering goods for an amount exceeding CZK 27,000, the Buyer undertakes to pay the Seller a deposit of 50% of the selling price of the goods. The Seller is obliged to order the goods from the supplier only when the full amount of the deposit has been paid by the Buyer. For the payment of the deposit, the Seller accepts the payment terms set out in Part 6 of these GTC, namely under the points Payment by bank transfer, Payment by PayPal (Visa, MasterCard). The deposit is refundable only if the Seller is unable to ensure delivery of the goods to the Buyer.

These GTC are drawn up in the Czech language, and the purchase contract can also be concluded only in the Czech language. By confirming the order, a consumer who has a permanent residence in a European Union member state outside the Czech Republic, or who is a citizen of a European Union member state outside the Czech Republic, agrees to conclude a purchase contract in the Czech language. After concluding a purchase contract, it is not possible to determine whether errors occurred during data processing before placing an order, or to correct these errors. The concluded purchase contract is archived by the Seller and is accessible to the Buyer upon request within 1 year from the date of its signing.

5. Price and payment

The offer and prices listed on the seller's e-shop are contractual, final, always up-to-date and valid,
for the period during which they are offered in this way by the Seller in the online store. Costs
for transport are listed in the section "Delivery time and delivery conditions". The costs of using remote communication means are borne by the Buyer. The final calculated price after filling out the order form is already listed, including shipping costs. The price at the time of conclusion of the Contract between the Seller and the Buyer shall be the price stated for the goods at the time of ordering the goods by the Buyer.

The tax document based on the Purchase Agreement between the Seller and the Buyer also serves as a delivery note. The Buyer may generally only take over the goods after full payment, unless otherwise agreed.

In the event that the Buyer makes a payment and the Seller is subsequently unable to ensure the delivery of the goods, the Seller shall immediately return the payment to the Buyer in the agreed manner. The period for returning the funds spent depends on the chosen method of return, but may not exceed 30 days from the moment when this impossibility arose.

The goods remain the property of the seller until full payment. The seller accepts the following payment terms:

• Payment upon receipt of goods
• Payment by bank transfer
• Payment PayPal (Visa, MasterCard)
• Payment on delivery

6. Delivery time and delivery conditions

Seller withfulfills the delivery of goods by handing over the goods to the buyer or by handing over the goods to the first carrier, thereby also transferring the risk of damage to the goods to the buyer. The availability of the product is always stated in the details of this product. The delivery time depends on the availability of the product, payment terms and delivery conditions, and is a maximum of 30 days. In normal cases, we ship the goods within 2 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 with the shipment.

In order to ensure the efficiency of the delivery of goods, the Seller reserves the right to send the goods to the Buyer in multiple deliveries, with the Buyer paying the postage costs only for the first delivery.

The delivery period for goods that will be paid for by the Buyer upon receipt, i.e. cash on delivery, begins on the date of valid conclusion of the Purchase Agreement pursuant to Article IV. of these GTC. If the Buyer has chosen a payment option other than payment for the goods upon receipt, the delivery period begins only upon full payment of the purchase price, i.e. upon crediting the relevant amount to the Seller's account.

The seller accepts the following delivery terms:

• Czech Post
• DPD
• PPL
• WE|DO
• EMS
• Zasilkovna.cz
• Send.cz
• TNT

Within 7 days of purchasing the goods, we provide the option of exchanging the goods for free, and as part of this free exchange, the goods can be sent to the buyer once, either by sending a new size of the goods or another product.

In the event that the Buyer returns the goods to the Seller within 7 days, the Buyer shall pay the shipping costs. In the event of an order for goods worth over CZK 10,000, the Seller shall bear the shipping and payment costs.

7. Warranty and service

When selling consumer goods, the warranty period is 24 months. If the item being sold, its packaging or the instructions attached to it indicate a period for using the item in accordance with special legal regulations, the warranty period ends upon the expiry of this period.

The warranty does not apply to wear and tear of the item caused by its normal use. For items sold at a lower price, the warranty does not apply to defects for which the lower price was agreed. In the case of used items, the seller is not liable for defects corresponding to the degree of use or wear and tear that the item had when it was taken over by the buyer.

To claim a warranty repair, it is necessary to present the purchase document (receipt, invoice, Leasing Agreement), or warranty certificate. In the case of sending the goods to the Seller, it is necessary to pack the goods for transport in such a way that they are not damaged during transport.

The Seller provides Buyers with post-warranty service. In the event 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 repaired goods will be sent to the Buyer cash on delivery via Czech Post, with a postage fee of CZK 100 charged in addition to the price of the repair of the goods.

8. Complaints procedure

In the event that a defect occurs during the warranty period, the Buyer has the following rights when exercising the warranty, depending on the nature of the defect:

in case of a removable defect:

1. the right to free, proper and timely removal of the defect
2. the right to exchange defective goods or defective parts, unless this is disproportionate given the nature of the defect
3. in case the procedures mentioned in the previous points are not possiblech 1) and 2) has the right to a reasonable discount on the purchase price or withdrawal from the purchase contract

in case of an irreparable defect:

• the right to exchange defective goods or withdraw from the purchase contract

in the case of a removable defect, if the Buyer cannot use the item properly due to the reoccurrence of the defect after repair (i.e. the goods have already been complained about 3 times for the same defect) or due to a larger number of defects

• the right to exchange defective goods or withdraw from the purchase contract

if other defects are irremovable and the consumer does not request replacement of the item:

• the right to a reasonable discount on the purchase price or to withdraw from the purchase contract

The complaint can be filed with the Seller, in all of its establishments, or at other service repair shops, namely:

1. 687 09 Borsice 224

Complaints do not apply to cases of:

• if the defect or damage was demonstrably caused by improper use, in violation of the instructions for use or other improper conduct of the Buyer
• demonstrable unauthorized interference with the goods for defects that arose from normal wear and tear of consumer goods with a specified period of use according to special legal regulations, if such a claim is made
• after this period has expired
• defects caused by natural disasters

9. Termination of the Agreement

Due to the nature of the conclusion of the Purchase Agreement through distance communication, the Buyer, who is a consumer, has the right to withdraw from this Agreement without any penalty within 7 days of receipt of the goods. Furthermore, the Buyer, who is a consumer, has the right to withdraw from the Agreement in accordance with the provisions of Section 53, paragraphs 7 and 8 of Act No. 40/164 Coll., Civil Code, as amended. The above does not apply to the Buyer, who is an entrepreneur and concludes the Purchase Agreement in connection with his business activities. In the event of the above withdrawal from the Agreement, the Seller will send the purchase price to the Buyer's bank account, which the Buyer will notify the Seller for this purpose.

The Seller has the right to withdraw from the Contract if the Buyer does not pay the full amount of the purchase price within 30 days from the date of conclusion of the Purchase Contract.

10. Final provisions

The Buyer shall enable the Seller to fulfill its obligations in accordance with the Offer/Contract, for which purpose it shall provide all necessary cooperation.

The Buyer undertakes to pay all costs incurred by the Seller in sending reminders and costs associated with the collection of any receivables.

The Buyer acknowledges that the Seller is entitled to assign its claim under the Contract to a third party.

The Buyer shall immediately inform the Seller of any change in his/her identification data, no later than 5 business days from the date on which such change occurred.

The Parties undertake to make every effort to amicably resolve any disputes arising from or in connection with the Contract and/or the GTC.

The contracting parties have expressly agreed, pursuant to Act No. 216/1994 Coll., that all property disputes arising from this Agreement, as well as disputes that would arise in the future from the legal relationship established by this Agreement, with the exception of disputes arising in connection with execution and disputes arising from insolvency proceedings, if not resolved by mutual agreement, shall be decided by the arbitrator Mgr. Daniel Janda, born 1.4.1971, residing in Brno, Fillova 105/8, ZIP code: 638 00. The arbitrator designated by this arbitrationThe arbitrator shall decide the dispute without oral proceedings, solely on the basis of the written materials submitted by the parties. However, if the arbitrator does not consider the written materials sufficient, he shall be entitled to order oral proceedings. The arbitration shall be conducted in accordance with the legal order of the Czech Republic and the principle of fairness shall be applied.

The costs of arbitration proceedings consist of:

1. The arbitration fee is 5% of the value of the subject matter of the dispute, but not less than CZK 5,000. The fee represents the arbitrator's remuneration. Upon a reasoned request, the arbitrator may reduce the fee;
2. special costs incurred in connection with the hearing and decision of the dispute in arbitration proceedings.

When deciding on the compensation of the costs of the arbitration proceedings, the relevant provisions of the Code of Civil Procedure shall be applied accordingly. The arbitration award shall take effect on the date of delivery of the final court decision and shall be enforceable by the court. Unless otherwise provided for in this clause, Act No. 216/1994 Coll. shall apply. The appointed arbitrator shall be entitled to decide on the issues of the arbitration proceedings not defined by this arbitration clause and not regulated by this Act.

The mutual contractual relationship of the contracting parties is governed by the legal order 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, they hereby, 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”), have chosen Czech law as the applicable law for the Purchase Agreement and these GTC, excluding the application of the “UN Convention on Contracts for the International Sale of Goods”. This choice does not affect Article VI of Rome I, concerning consumer contracts.

In the event that any provision of the Agreement and/or the GTC is or becomes or is found to be invalid or unenforceable, this shall not affect (to the maximum extent permitted by law) the validity and enforceability of the remaining provisions of the Agreement and/or the GTC. In such cases, the Parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that will have, to the greatest extent permitted by law, the same meaning and effect as the provision to be replaced.

As a legal precaution, the contracting parties hereby declare, for cases of contracting with an international element for any cases of disputes (except for disputes for which the exclusive jurisdiction of the arbitrator is given and/or in connection with them) or in cases in which it would be found by a final court decision that the jurisdiction of the arbitrator is not given here under this article of the GTC, that in accordance with Article 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, the exclusive jurisdiction of the Municipal Court in Prague for deciding on all future disputes arising from the Contract and/or the GTC and/or in connection with them. The contracting parties hereby also establish the exclusive jurisdiction of the Municipal Court in Prague for all disputes in connection with the Contract and the GTC (except for disputes for which the exclusive jurisdiction of the arbitrator is given and/or in connection with them).

These GTC shall enter into force and effect on 1 April 2014 and shall also be available on the Seller's website. The Seller may amend these GTC at any time. The GTC shall then cease to be valid and effective on the date on which later GTCs enter into force.