Botas Footwear Return Policy

Complaints Policy
This Complaints Policy of Pražská čokoláda s.r.o. covers all information related to the terms and conditions for filing complaints, warranties, and liability for defects.

1. Basic Provisions and Complaint Procedure

1.1. A complaint may be filed by sending the goods (hereinafter also referred to as the “subject of sale”) to the address Pražská čokoláda s.r.o., Plzeňská 1708/344, Prague 17, 163 00. The buyer is obligated to report the defect to the seller without undue delay after the buyer could have discovered it during a timely inspection and with due care.

In the case of a latent defect, the Buyer is obligated to report it to the Seller without undue delay after the Buyer could have discovered it with due care, but no later than two years after delivery of the item. Any delay in reporting the defect while continuing to use the goods may cause the defect to worsen, degrade the goods, and may be grounds for rejecting the claim. In the complaint or without undue delay thereafter, the buyer shall inform the seller of the remedy they have chosen for the defective performance. If they fail to do so in a timely manner, even in the case of defective performance constituting a material breach of the purchase contract, they shall only have the rights under paragraph 2.7, namely the right to have the defect remedied or to receive a reasonable price reduction.

1.2. When filing a complaint, the Buyer is required to provide a document certifying the date and place of receipt of the item sold, or the warranty certificate if one was issued, as well as the item itself in complete condition, cleaned, free of all dirt, and in clean packaging if the goods are being shipped. The Buyer shall present the goods in a hygienically safe condition and shall identify the claimed defect in the item sold, its nature, and occurrence; the Buyer shall inform the Seller of the chosen remedy for defective performance and provide their identification and contact information to the extent necessary for processing the claim. The seller has the right to refuse to accept goods for the complaint process that do not comply with the general hygiene principles set forth above in this paragraph (Decree No. 306/2012 Coll., on conditions for preventing the occurrence and spread of infectious diseases, and Act No. 374/2022 Coll.). By failing to provide a document certifying the date and place of receipt of the item sold, the buyer risks being unable to prove the timeliness of the complaint and the validity of their claim.

1.3. The moment the complaint is filed is deemed to be the moment the seller receives the goods subject to the complaint from the buyer.

1.4. The costs of exercising rights arising from defective performance (complaint) are borne by the buyer; the seller may, upon prior agreement with the buyer, transport the goods subject to the complaint at its own expense.

1.5. If the buyer exercises a right arising from defective performance, the seller shall confirm in writing the date on which the right to claim for defects was exercised, and after the complaint is resolved, the seller shall also provide confirmation of the method of resolving the complaint, as well as the performance of any repairs and the timeframe for the complaint resolution.

1.6. The Seller assumes no liability for damage resulting from the functional characteristics of the goods, improper use of the goods, or mishandling of the goods. Defects of this nature are not covered by the warranty.

1.7. The Seller or an authorized representative shall decide on the complaint immediately; in complex cases, within 3 business days. This period does not include the time reasonably required, depending on the type of product or service, for a professional assessment of the defect. The Seller shall resolve the complaint, including the rectification of the defect, without undue delay, no later than 30 days from the date the complaint was filed, unless the Seller and the Buyer agree on a longer period. The fruitless expiration of this period is considered a material breach of the purchase contract, on the basis of which the Buyer may withdraw from the purchase contract.

1.8. If, as part of the complaint procedure regarding a specific defect, it is determined that the complaint is unjustified, then a new complaint procedure regarding the same defect cannot take place, and the seller is entitled to refuse to accept the subject of performance for the complaint for this reason.

1.9. After the complaint is resolved, the buyer is obligated to accept the subject of sale without undue delay within 30 days from the date on which they were informed of the resolution; this period may not expire earlier than 60 days from the filing of the complaint.

1.10. If a buyer who is in default of accepting the subject matter of the sale requests that it be reshipped, the seller is obligated to ship the subject matter of the sale to the buyer only on the condition that the buyer prepays all costs associated with such shipment.

2. Rights Arising from Defective Performance

2.1. The Buyer shall inspect the item as soon as possible after the risk of damage to the item has passed and shall verify its characteristics and quantity, as well as check the integrity of the packaging. If any defects are found, the Buyer is obligated to immediately notify the Seller or the carrier and is entitled to refuse to accept such goods. If the Buyer accepts such a damaged shipment from the Seller or the carrier, it is necessary to describe the damage in the handover report. A breach of this obligation extinguishes the Buyer’s rights arising from defective performance; this does not apply to consumers and does not affect the warranty for the quality of the goods.

2.2. The Seller is liable to the Buyer for ensuring that the subject of sale is in conformity with the purchase contract upon acceptance by the Buyer, in particular that it is free from defects. Conformity with the purchase contract means that the subject of sale:

a) has the quality and functional characteristics required by the sales contract, described by the seller, or expected based on a complaint filed, or, as the case may be, the quality and functional characteristics customary for an item of that type,

b) is fit for the purpose stated by the seller for its use or for which performance of this type is customarily used,

c) corresponds in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined based on an agreed sample or model,

d) is in the appropriate quantity, measure, or weight, and

e) complies with legal requirements.

 

2.3. The provisions set forth in Section 2.2 shall not apply:

a) to goods sold at a lower price in relation to a defect for which the lower price was agreed upon,

b) to wear and tear of the goods caused by their normal use,

c) to the expiration of the goods’ service life resulting from excessive use beyond the scope of the goods’ intended use or purpose, or from improper care and use contrary to the specified purpose

d) in the case of used goods, to a defect corresponding to the degree of use or wear and tear the goods had at the time of acceptance by the buyer, or

e) if it follows from the nature of the goods.

2.4. A discrepancy with the sales contract that becomes apparent within six months from the date of acceptance of the item sold is considered to have existed at the time of acceptance by the buyer, unless this is contrary to the nature of the item or unless the seller proves otherwise.

2.5. A defect constitutes a material breach of the sales contract if the seller was aware of it at the time the sales contract was concluded, or should have been aware of it, and the other party would not have entered into the sales contract had it foreseen such a breach. A defect also constitutes a material breach of the sales contract if, unless otherwise provided by law, the buyer cannot properly use the subject of sale due to the recurrence of a defect after repair or due to a greater number of removable defects. A defect is considered to have recurred after repair if the same defect, which has already been removed at least twice during the warranty period, reoccurs. The item sold is considered to have a greater number of defects if, at the time the complaint is filed, it has at least three different (arising from different causes) removable defects simultaneously; removable defects are those that can be removed without affecting the appearance, function, and quality of the goods. In other cases, the breach is not considered material.

2.6. If the defective performance constitutes a material breach of the purchase contract, the buyer has the right to delivery of a new item, repair of the item, a reasonable price reduction, or withdrawal from the purchase contract.

2.7. If the defective performance constitutes a non-material breach of the purchase contract, the buyer has the right to have the defect remedied or to a reasonable price reduction.

2.8. The buyer has no rights arising from defective performance if, prior to taking delivery of the goods, the buyer knew that the goods were defective, or if the buyer caused the defect themselves, or if the defect is one that the buyer should have recognized upon entering into the contract by exercising due care.

2.9. Filing a claim with the seller (making a complaint) does not relieve the buyer of the obligation to pay the price of the goods. The provisions of Section 2108 of the Civil Code do not apply. The provisions of this paragraph do not apply if the buyer is a consumer.

2.10. The buyer may not withdraw from the purchase contract under their right arising from defective performance, nor may they demand delivery of a new item, if they cannot return the goods in the condition in which they received them. This does not apply:

a) if the condition of the goods changed as a result of an inspection conducted to identify a defect,

b) if the buyer used the goods before discovering the defect,

c) if the buyer did not cause the impossibility of returning the goods in an unaltered condition through their own actions or omissions, or

d) if the buyer sold the goods before discovering the defect, consumed them, or altered the item during normal use; if this occurred only partially, the buyer shall return to the seller what can still be returned and shall compensate the seller up to the amount by which the buyer benefited from the use of the item.

3. Quality Warranty

3.1. The seller warrants that the delivered goods will, unless otherwise specified, be fit for their usual purpose for a period of 24 months in transactions with consumers and for a period of 12 months in transactions with other buyers, and that they will retain their usual characteristics (the seller provides a warranty). The warranty does not apply:

a) to wear and tear resulting from normal use of the goods,

b) to the expiration of the goods’ service life due to excessive use beyond the scope of the goods’ intended use or purpose, or due to improper care and use contrary to the specified purpose, and

c) for used goods, a defect corresponding to the degree of use or wear and tear the goods had at the time of acceptance by the buyer.

3.2. If the method of delivery is specified as personal pickup at a pickup location or delivery by the seller, the warranty period begins at the moment of transfer of risk; if the method of delivery is specified as shipment via a carrier, the warranty period begins upon arrival of the goods at the destination.

3.3. The warranty period is suspended from the moment a claim is filed until the time the buyer is required to accept the goods following the resolution of the claim. If the claim resolution results in the replacement of the claimed goods, the warranty period begins anew upon acceptance of the new goods. In the case of replacement of a defective part, the new warranty period applies only to the replaced part of the sale.

3.4. Article 1 of the Complaints Procedure applies mutatis mutandis to the notification of a defect covered by the warranty and the complaint procedure.

4. OUT-OF-COURT SETTLEMENT

4.1. The Seller hereby informs the Consumer, within the meaning of Section 14 of Act No. 634/1992 Coll. on Consumer Protection, as amended (hereinafter also referred to as the “Consumer Protection Act”), that disputes between the Seller and the Consumer which could not be settled directly may also be resolved through out-of-court settlement of consumer disputes. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 00020869, www.coi.cz, is competent for the out-of-court resolution of consumer disputes arising from the purchase agreement.

4.2. The Ministry of Industry and Trade maintains a list of entities involved in the out-of-court resolution of consumer disputes. The legal framework for the out-of-court resolution of consumer disputes is set forth primarily in the provisions of Section 20d et seq. of the Consumer Protection Act.

 

Prague, August 5, 2025