Terms and Conditions
Basic Information:
Store Operator: Henzély s.r.o. Company
Address: Oskol 275, 767 01, Kroměříž
Company ID: 283 17 718
VAT ID: CZ28317718
Bank details:
Fio Bank: 2400185787/2010
Registered: at the Commercial Register Court in Brno, Section C, File 60956
Phone: +420 734 579 560
Email: obchod@dance-point.cz
The operator is a VAT payer.
1. Introductory Provisions
1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of Henzély s.r.o., with its registered office at Oskol 275, 767 01 Kroměříž, identification number 283 17 718, registered in the Commercial Register maintained in Brno, Section C, File 60956, govern the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online store is operated by the Seller at the web address www.dance-point.cz (hereinafter referred to as the “Website”) via the Website interface (hereinafter referred to as the “Store Interface”).
1.2. These Terms and Conditions do not apply to cases where the Buyer is a legal entity or a person ordering goods as part of their business activities or in the independent exercise of their profession.
1.3. Provisions deviating from these Terms and Conditions may be agreed upon in the Purchase Agreement. Such agreements set forth in the purchase agreement shall take precedence over the provisions of these Terms and Conditions.
1.4. These Terms and Conditions are an integral part of the purchase agreement. The purchase agreement and these Terms and Conditions are drafted in the Czech language. The purchase agreement may be concluded in the Czech language.
1.5. The seller may amend or supplement the text of the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. Conclusion of the Purchase Agreement
2.1. All goods presented on the store’s website are for informational purposes only, and the seller is not obligated to conclude a purchase agreement regarding the goods presented. The provisions of Section 1732(2) of the Civil Code do not apply.
2.2. The store’s website contains information about the goods, including the prices of individual items. Prices of goods are listed inclusive of value-added tax and all related fees. Prices of goods are valid for as long as they are displayed on the store’s website. This provision does not limit the seller’s ability to conclude a purchase agreement under individually negotiated terms.
2.3. The store’s website also contains information regarding the costs associated with packaging and shipping the ordered goods. The information regarding the costs associated with packaging and delivery of goods listed on the store’s website applies only to the delivery of goods within the territory of the Czech Republic.
2.4. To order goods, the buyer fills out the order form on the store’s website.
2.5. Before sending the order to the seller, the buyer has the opportunity to review and modify the information in the order, including the ability to identify and correct errors made when entering data into the order. By clicking the “Submit Order” button, the buyer sends the order to the seller for processing. The information provided in the order is considered correct by the seller. Immediately upon receiving the order, the seller will send the buyer a confirmation of receipt via email to the buyer’s address specified in the order details. This message is not considered acceptance of the proposal to conclude a purchase contract.
2.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to request additional confirmation of the order from the buyer (in writing or by phone).
2.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the order confirmation/acceptance, which the Seller sends to the Buyer via email to the Buyer’s email address.
2.8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer, and these costs do not differ from the standard rate.
3. Price of Goods and Payment Terms
3.1. The buyer may pay the seller the price of the goods and any costs associated with the delivery of the goods under the purchase agreement in the following ways:
3.1.1. In cash at the seller’s place of business at the following address: dance-pOint stores in Prague, Brno, and Kroměříž
3.1.2. In cash upon delivery at the location specified by the buyer in the order
3.1.3. By bank transfer to the seller’s account. Account number 2400185787/2010 held at Fio Bank (hereinafter referred to as the “seller’s account”)
3.1.3. Online payment via the Go Pay, a.s. payment gateway
3.2. In addition to the purchase price, the buyer is obligated to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price is understood to include the costs associated with delivery of the goods.
3.3. The seller does not require the buyer to make a deposit or any other similar payment. This does not affect the provision of Article 3.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
3.4. In the case of cash payment or cash-on-delivery payment, the purchase price is due upon receipt of the goods. In the case of a non-cash payment, the purchase price is due within 10 days of the conclusion of the purchase agreement.
3.5. In the case of a non-cash payment, the buyer is obligated to pay the purchase price of the goods along with the payment reference number. In the case of a non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled upon the relevant amount being credited to the seller’s account.
3.6. The seller is entitled, particularly if the buyer fails to provide additional confirmation of the order, to demand payment of the full purchase price prior to shipping the goods to the buyer. The provisions of Section 2119(1) of the Civil Code shall not apply.
3.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
3.8. If it is customary in business dealings or if required by generally binding legal regulations, the seller shall issue a tax document—an invoice—to the buyer regarding payments made under the purchase agreement. The seller is a value-added tax payer. The Seller will issue a tax document—an invoice—to the Buyer after payment of the price of the goods and will send it in electronic form to the Buyer’s address.
3.9. After submitting the order, the Customer has the option to use a payment gateway service, which will redirect them to their bank’s online banking portal or to a secure page for card payment. After the transaction is completed, the gateway will notify the e-shop, which can ship the goods immediately upon receipt of the payment confirmation. Money transfers are processed through the bank accounts of Go Pay, a.s.
3.10. Sensitive login credentials that you enter into the online banking system are protected by the banks’ payment gateways and are not shared with third parties. Payment processors see only the transaction information that the bank provides to them along with the submitted transaction.
4. Shipping and Delivery of Goods
4.1. If the method of transport is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
4.2. If the seller is obligated under the purchase agreement to deliver the goods to the location specified by the buyer in the order, the buyer is obligated to accept the goods upon delivery.
4.3. If, for reasons attributable to the buyer, the goods must be delivered repeatedly or by a method other than that specified in the order, the buyer is obligated to pay the costs associated with the repeated delivery of the goods or the costs associated with the alternative delivery method.
4.4. Upon receiving the goods from the carrier, the buyer is obligated to check that the packaging is intact and, in the event of any defects, to immediately notify the carrier. If the packaging is found to be damaged in a manner indicating unauthorized access to the shipment, the buyer is not required to accept the shipment from the carrier.
4.5. Additional rights and obligations of the parties regarding the transport of goods may be governed by the seller’s special delivery terms, if issued by the seller.
5. Withdrawal from the Purchase Agreement
5.1. The buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the delivery of goods that have been customized according to the buyer’s wishes or for the buyer’s person, from a purchase contract for the delivery of perishable goods, as well as goods that have been irrevocably mixed with other goods after delivery, or from a purchase contract for the delivery of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygienic reasons.
5.2. Unless the circumstances described in Article 5.1 apply or another case exists where the purchase contract cannot be rescinded, the buyer has, in accordance with the provisions of Section 1829(1) of the Civil Code, the right to withdraw from the purchase contract within fourteen (14) days of receiving the goods; however, if the purchase contract covers multiple types of goods or the delivery of multiple parts, this period begins on the day the last delivery of goods is received. Notice of withdrawal from the purchase contract must be sent to the seller within the period specified in the preceding sentence. To withdraw from the purchase agreement, the buyer may use the form provided by the seller, which is attached to the Terms and Conditions (download here). The buyer may send the notice of withdrawal from the purchase agreement, among other places, to the seller’s business address or to the seller’s email address obchod@dance-point.cz.
5.3. In the event of withdrawal from the purchase agreement pursuant to Article 5.2 of the Terms and Conditions, the purchase agreement is canceled from the outset. The goods must be returned to the seller within fourteen (14) days of the buyer’s withdrawal from the purchase agreement. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by standard mail due to their nature.
5.4. In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall refund the funds received from the Buyer within fourteen (14) days of the physical return of the goods, but no later than thirty (30) days from receipt of the notice of withdrawal from the purchase contract, using the same method by which the Seller received the funds from the Buyer. The Seller is also entitled to refund the payment made by the Buyer upon the Buyer’s return of the goods or by other means, provided the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase agreement, the seller is not obligated to refund the received funds to the buyer until the buyer returns the goods or provides proof that the goods have been shipped to the seller.
5.5. The seller is entitled to unilaterally set off any claim for damages to the goods against the buyer’s claim for a refund of the purchase price.
5.6. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase agreement at any time. In such a case, the seller shall refund the purchase price to the buyer without undue delay, by bank transfer to the account designated by the buyer.
5.7. If a gift is provided to the buyer along with the goods, the gift agreement between the seller and the buyer is concluded subject to a condition subsequent: if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift ceases to be effective, and the buyer is obligated to return the provided gift to the seller along with the goods.
5.8. The buyer acknowledges that if the goods returned to the supplier are damaged, worn, or partially consumed, the supplier is entitled to claim compensation from the buyer for the resulting damage. The supplier is entitled to unilaterally set off the claim for compensation for the resulting damage against the buyer’s claim for a refund of the purchase price. Normal damage to the original packaging resulting from unpacking the goods shall not be considered a deterioration of the goods.
6. User Accounts
6.1. Upon registering on the website, the buyer may access their user interface. From their user interface, the buyer may place orders for goods (hereinafter referred to as the “user account”). If the store’s website interface allows it, the buyer may also place orders for goods without registration directly from the store’s website interface.
6.2. When registering on the website and when ordering goods, the buyer is required to provide all information correctly and truthfully. The buyer is required to update the information provided in the user account whenever any changes occur. The information provided by the buyer in the user account and when ordering goods is considered correct by the seller.
6.3. Access to the user account is secured by a username and password. The buyer is obligated to maintain confidentiality regarding the information necessary to access their user account.
6.4. The buyer is not authorized to allow third parties to use the user account.
6.5. The seller may cancel the user account, particularly if the buyer has not used their user account for more than 2 years, or if the buyer breaches their obligations under the purchase agreement (including the terms and conditions).
6.6. The Buyer acknowledges that the user account may not be available continuously, particularly in view of necessary maintenance of the Seller’s hardware and software equipment, or necessary maintenance of third parties’ hardware and software equipment.
7. Rights Arising from Defective Performance
7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 through 1925, Sections 2099 through 2117, and Sections 2161 through 2174 of the Civil Code).
7.2. The Seller warrants to the Buyer that the goods are free from defects upon delivery. In particular, the Seller warrants to the Buyer that at the time the Buyer took delivery of the goods:
7.2.1. the goods possess the characteristics agreed upon by the parties, and in the absence of such an agreement, possess the characteristics described by the seller or manufacturer or those expected by the buyer given the nature of the goods and based on the seller’s or manufacturer’s advertising,
7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this type are typically used,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined based on the agreed sample or model,
7.2.4. the goods are in the appropriate quantity, measure, or weight, and
7.2.5. the goods comply with legal requirements.
7.3. The provisions set forth in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed upon, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear and tear the goods had at the time of acceptance by the buyer, or if this follows from the nature of the goods.
7.4. If a defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt.
7.5. The buyer shall exercise rights arising from defective performance with the seller at the address of the seller’s place of business where complaints can be accepted in light of the range of goods sold, or, where applicable, at the seller’s registered office or place of business. The moment the complaint is filed is deemed to be the moment the seller receives the goods subject to the complaint from the buyer.
7.6. Additional rights and obligations of the parties related to the seller’s liability for defects may be governed by the seller’s complaint policy.
8. Additional Rights and Obligations of the Contracting Parties
8.1. The buyer acquires ownership of the goods upon payment of the full purchase price.
8.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3. The seller handles out-of-court resolution of consumer complaints via the email address obchod@dance-point.cz. The Seller will send information regarding the resolution of the Buyer’s complaint to the Buyer’s email address.
8.4. The Seller is authorized to sell goods based on a trade license. Trade inspections are conducted by the competent trade licensing office within its jurisdiction. Supervision of the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within a defined scope, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
9. Personal Data Protection
Information on the protection of personal data can be found here.
10. Sending Commercial Communications
10.1. The Buyer agrees to the sending of information related to the Seller’s goods, services, or business to the Buyer’s email address and further agrees to the sending of commercial communications by the Seller to the Buyer’s email address.
10.2. The Buyer agrees to the storage of so-called cookies on their computer. If it is possible to make a purchase on the website and for the Seller to fulfill its obligations under the purchase agreement without cookies being stored on the Buyer’s computer, the Buyer may revoke the consent provided in the preceding sentence at any time.
11. Final Provisions
11.1. If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.
11.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning most closely approximates that of the invalid provision. The invalidity or ineffectiveness of a single provision shall not affect the validity of the remaining provisions. Amendments and supplements to the purchase agreement or these Terms and Conditions must be in writing. The
purchase agreement, including these Terms and Conditions, is archived by the Seller in electronic form and is not accessible
The "Clearance of Old Stock" category contains goods from older stock. The sale discount is provided due to possible defects:
o degraded quality of the heel counter – risk of cracking
o crumbling and detachment of the insole
o scuffing of the strap and inner lining
o degraded quality of the shoe’s upper material (color change, cracking of the finish, leather, color fading…)
o Deteriorated fabric quality (uneven coloring, peeling of embellishments, …)
o Deteriorated product quality (poor stitching, brittle rubber, …)
o Stains on the shoe’s upper material NO
CLAIMS CAN BE MADE FOR THESE DEFECTS!!!!