Terms and Conditions

 

Part I - Introduction

 

Who are we and who are you?

(sock article 1.1)

The Fellowship of the Sock can be found in the Czech trade register as: Sockshire s.r.o., ID No.: 043 06 554, with a registered office at K Cikánce 323/10, 154 00 Praha 5 - Slivenec. We are registered in the Commercial Register maintained by the Municipal Court in Prague, in Section C, inlay 245677.

For the purposes of these "Terms and Conditions", wherever we refer to us or the "Club", we mean the company Sockshire s.r.o. referred to in the preceding paragraph.

Conversely, wherever we refer to the "Member", we mean any person with whom we enter into any contractual relationship, i.e., the Customer and/or Club Member and/or visitor to our website.

"Customer" means any person who enters into a contract with us, whether the content of the contract is agreed through one of the order forms on our website or otherwise.

A Club Member is a person who, under these Terms and Conditions, is entitled to receive one pair of socks each calendar month for the duration of their membership (a.k.a. Fellowship) and is entitled to enjoy other services and benefits as currently offered by the Club. A Club Member may be the same person as the Customer.

A visitor to our website is anyone who visits our website at: www.sockfellows.com, or any sub-page thereof, or otherwise views any of its content.

How can you communicate with us?

(sock article 1.2)

We send our regular email coomunication to the members of the Club every month, but you can send us a regular e-mail at info@sockfellows.com.

You can also visit our website and communicate with us via the order or contact forms found there.

We consider both of the above methods to be equivalent to conventional written communication.

What are these Terms and Conditions about?

(sock article 1.3)

These general Terms and Conditions govern all contractual and other relationships between us and you, whether they arise from the conclusion of a contract through the forms on our website or by simply visiting our website, including any relationships that arose from or are related to such activities.

The Customer is obliged to read these Terms and Conditions before submitting a membership order via the order form; the fulfillment of this obligation is expressly acknowledged in the order form.

If the Customer enters into a contract with us in paper form, these Terms and Conditions shall form an integral part thereof. If the rights and obligations agreed in the written contract differ from these Terms and Conditions in any respect, the wording of the contract will prevail over these Terms and Conditions.

The Club Member is obliged to consult these Terms and Conditions on our website without undue delay after receipt of the first shipment. If he/she does not agree with the Terms and Conditions, he/she is entitled to withdraw from the contract within 14 calendar days from the date of receipt of the first shipment. If the Club member does not withdraw from the contract within this period, he/she is deemed to have accepted these Terms and Conditions. The Club member is informed of these rights upon receipt of the shipment.

 

Part II - Membership in the Sockfellowship (a.k.a. Club) and conclusion of the contract

 

What is Membership in the Club and how is it created

(sock article 2.1)

Membership in the Club is an expression of the contractual relationship between the Customer, the Club member and us and includes the obligation of the Customer to pay the membership fee. Membership refers to the entitlement of the Club member to receive one pair of socks every calendar month for the duration of the membership according to the Terms and Conditions set out below and the entitlement to enjoy other services and benefits according to the current offer of the Club.

Any individual who passionately wished to cover the bottom 15% of their lower extremities with a high-quality sock can become a member of the Club. No one can become a member of the Club who would resell or otherwise use the socks for profit without our knowledge.

Membership of the Club can be ordered primarily through one of the order forms published on our website, or by contract in paper form or by email.

The Customer may order membership for himself (see Article 2.3 of these Terms and Conditions) or for a third party (see Article 2.4 of these Terms and Conditions). Only the person for whom the membership is ordered by the Customer becomes a member of the Club.

Conclusion of the contract and its subject matter

(sock article 2.2)

Publication of the order form on the Club's website constitutes a public offer by the Club to conclude a contract under these Terms and Conditions. We will enter into a contract with anyone who is eligible to become a member of the Club, or who is ordering membership for a person who may become a member of the Club, and who has submitted an order to us via the order form or otherwise and paid the membership fee.

The Contract shall become effective upon payment of the membership fee being credited to our bank account in the appropriate amount as set out below.

The contract we enter into with you is a mixed contract. To the extent that it consists of the transfer of ownership of individual pairs of socks, it consists of a contract of sale and to the remaining extent it is an unnamed contract. If the membership of the Club is ordered as a gift, it is a contract for the benefit of a third party.

The subject of the contract is for the Club to arrange membership of the Club, coupled with the Customer's obligation to pay the membership fee for the duration of the membership and our obligation to send the Club member (for whose benefit the performance has been arranged) one pair of socks each calendar month for the duration of their membership of the Club in accordance with the Terms and Conditions set out below and to provide them with other services and benefits as currently offered by the Club. The contract thus consists of a recurring performance on our part. Our performance is not conditional upon payment of the membership fee by the Customer.

The contract is concluded for a definite period and binds both parties for the duration of the Club member's membership (see Article 2.3, paragraph 3 of these Terms and Conditions).

Order a membership for yourself

(sock article 2.3)

You can order a membership for yourself primarily through the order form called: "Become a Fellowship Member", published on the Club's website in the section "Becoming a Sockfellow".

On the order form, please select from the menu the length of your membership, the start date of your membership, the size of socks required and the language in which we will communicate with you. Please also provide your contact details, including the address to which we will send your shipments. Fiinally, select the method of payment of the membership fee from the menu.

The length of the membership is the period of time during which we will send one pair of our socks to the Club member each calendar month and during which he/she is entitled to enjoy other services and benefits as currently offered by the Club.

The membership start date is the calendar month in which we send you, as a Club member, your first pair of socks. The date on the order form is used to determine the membership start date. Paying the membership fee in the calendar month following the order has no effect on the membership start date.

The sizes of the socks are listed on the order form according to the EU standardised continental measurements (French stitch).

The membership fee varies according to the ordered length of membership of the Club member. The membership fee for the length of each membership is indicated on the order form on our website. The membership fee is payable in advance and for the entire membership term ordered at one time. If an order is placed other than via the order form, the amount of the membership fee will be determined by agreement.

The method of payment of the membership fee can be selected from the options offered in the order form on our website. If you choose to pay the membership fee by credit card or PayPal or other online payment service and no payment is made, the order will be cancelled. If you choose to pay the membership fee by bank transfer, the membership fee must be credited to our bank account no later than seven calendar days after the order is placed, otherwise the order will be cancelled. If you choose to pay by cash on delivery and the membership fee is not paid prior to receipt of the shipment, the order will be cancelled. 

If you enter personal details of someone other than yourself on the membership order form, we cannot recognise this. For this reason, we consider the person whose personal details are included in the order form to be the Customer.

Order membership as a gift

(sock article 2.4)

You can also order a membership as a gift, i.e., for the benefit of a third party. In this case, only this third party becomes a member of the Club. A Club member whose membership you order as a gift will not be told the amount of the membership fee, only the length of his/her membership and, at your discression, either that you ordered the membership or who the patron of his/her membership is (see Article 2.4.6 of these Terms and Conditions).

The provisions of Article 2.3 of these Terms and Conditions shall apply mutatis mutandis to the ordering of a membership as a gift.

Membership as a gift can be ordered primarily via the order form entitled: "Grant Sock Fellowhip", published on the Club's website in the section "Grant Sick Fellowship".  

In addition to the information set out in Article 2.3.2 of these Terms and Conditions, please indicate on the order form: whether you wish to give the first pair of socks yourself and whether we should tell the Club Member that you, as the Ordering Party, have given the membership to him/her, or indicate who the patron of the membership is. In addition to your contact details as the Customer, please also provide the contact details of the person for whom you are ordering the Club membership, including the address to which we will send your parcels.

If you indicate on the order form that you wish to hand-deliver the first pair of socks to the recipient Club member, then we will send a pair of socks to your Customer's address on the form in the first month of their membership. The rights of the Club Member in relation to the receipt of the socks as set out in Article 3.3.6 and Article IV of these Terms and Conditions shall be exercised by you as the Customer in relation to this first pair of socks. For special offers, this procedure may differ.

If you specify a Patron on the Membership Order Form, we will not tell the recipient Club Member that it is you who has ordered the Membership, but the Patron. You may also specify a group of people, any nickname or "anonymous" as the Patron of the Membership; if you choose anonymity, we will not disclose the identity of the Ordering Member to the Club Member.

If you choose cash on delivery as the method of payment of the membership fee, we will send a pair of socks to the Customer's address indicated on the order form in the first month of the recipient Club member's membership and we will request payment on delivery from you, even if you have not indicated on the order form that you wish to deliver the first pair of socks to the new Club member in person. If the membership fee is not paid before we send the package, the order will be cancelled. 

The recipient Club member may refuse membership, in which case the provisions of Article 2.6.2 of these Terms and Conditions will apply.

If the Club member has not rejected the gifted membership, he/she shall have the direct right to demand performance of the contract. At the same time, he/she shall be deemed to have agreed to perform according to the contract concluded and all his rights and obligations according to the contract concluded in his favour and these Terms and Conditions.

Membership renewal

(sock article 2.5)

Membership in the Club can be renewed. We will inform the Club member in writing of the terms of renewal prior to the expiration of their membership. Both memberships for oneself and third-party memberships may be renewed. A Customer's own membership can also be renewed if it has been ordered as a gift.

Memberships can be renewed via a special form on our website, either accessible from the member's area of the Club or located at a temporary URL we have created. In the case of a third party renewal as a gift, delivery of the first pair of socks to the Customer can be arranged, even before the end of the Club Member's membership. The provisions of Articles 2.3 and 2.4 of these Terms and Conditions shall apply mutatis mutandis to the renewal of membership by means of a special form.

Membership can also be renewed via the order forms published on our website, which are used to order membership, provided that the same personal data of the existing Club member are entered in the form. If the Customer specifies on the order form the month in which the membership of the Member whose membership is being extended is still in force as the start of the membership term, the extended membership will not commence until the expiry of the existing membership term. We will notify the Customer of this fact subsequently. The provisions of Articles 2.3 and 2.4 of these Terms and Conditions shall apply mutatis mutandis to the extension of membership in such a case.

The membership shall be extended with effect from the date of crediting the membership fee for the extended membership period to our bank account at the earliest. 

Termination of membership otherwise than by withdrawal

(sock article 2.6)

Membership in the Club shall expire upon the expiration of its term.

If a Club member has been granted membership by gift from the Customer, the Club member is entitled to cancel his/her membership within 14 days of receiving the first shipment of a pair of our socks. In this case, the contract will terminate and we will refund the membership fee paid in full to the Customer.

In the event of the death of a member, all rights of membership of the Club shall pass to his/her heirs. If the heir(s) of a Club member or other authorised person notifies the Club that the heir(s) of the Club member do not insist on continued membership, their membership shall terminate on the last day of the calendar month in which such notification is received by the Club. In such event, the Club shall refund to the Customer its membership portion of the membership fee prorated according to the number of months remaining in the term of membership.

Withdrawal from the contract without giving reasons by the consumer

(sock article 2.7)

The Club member or the Customer, if the Customer is a consumer, may withdraw from the contract without giving reasons within 14 days from the date on which the Club member received the first shipment of a pair of our socks. This period is observed if the notice of withdrawal is sent to us before the expiry of the period.

You must inform us of your withdrawal from this contract, either by ordinary letter or
by e-mail sent to our address: info@sockfellows.com. You may use the sample withdrawal form attached to these Terms and Conditions for such notification, but it is not your obligation to do so.

If you withdraw from the Contract, we will refund to the Customer all payments we have received from the Customer under the cancelled Contract without undue delay and no later than 14 days after receipt of your notice of withdrawal. We will refund the payments to the Customer's bank account, unless the Customer expressly specifies otherwise. In any event, you will not incur any additional costs.

Withdrawal for breach of contract

(sock article 2.8)

Except for the reasons stated in Article 2.7 of these Terms and Conditions, the contract may be withdrawn only in the cases agreed in the contract and these Terms and Conditions or specified in the law.

Withdrawal from the contract must be made without undue delay after the reason for withdrawal has arisen or has come to the attention of the withdrawing party

Withdrawal may only be made in writing, either by ordinary letter or by e-mail to the other party. The withdrawal must state the reason, including a reference to the specific provision of the law, the contract or these Terms and Conditions that has been violated. The withdrawal shall take effect upon delivery to the other party.

In the event of cancellation, our obligation to send the Club Member our socks shall cease and we shall be obliged to refund to the Customer a pro rata portion of the membership fee paid for the remaining number of months of the membership term. Refunds will be made to the Customer's bank account, unless the Customer expressly specifies otherwise.

Neither the portion of the membership fee for the number of months that the membership has been in effect nor the socks delivered during the term of the membership shall be refundable by the parties to each other.

If we withdraw from the contract on the grounds that the Club member has violated the prohibition on selling our socks or otherwise using them for profit (see Article 2.1.2 of these Terms and Conditions), then the membership fee is not refundable, even in part. In such a case, the Club member is obliged to pay us a contractual penalty of three times the amount of the membership fee that he/she has paid to us himself/herself or through third parties. The application of the contractual penalty shall be without prejudice to our right to compensation for damages or other losses.

 

Part III - Our socks - ordered goods

 

Where socks come from and what they look like

(sock article 3.1)

All the socks you receive from us are made in the Czech Republic.

The graphic and colour designs of the sock patterns for each calendar month are created by the Supreme Sock Council of the Club. Club members are not directly involved in the creation of the designs, but they can comment on them and send their suggestions or comments.

In a given calendar month, all Club members will receive a pair of socks from us with the same graphic and colour scheme.

The graphics and colours of the sock designs vary from calendar month to calendar month. This variation in the design of the socks from calendar month to calendar month, as well as the surprise of the design of the pair of socks in the following calendar month, is subject to the contract.

Our obligation under the contract and these Terms and Conditions remains unchanged throughout the term of membership. The variation in the graphic and colour pattern of the socks does not result in any conditionality of our performance under this agreement or any other limitation of your rights.

How the socks will reach you

(sock article 3.2)

You cannot pick up the socks in person, we only send them by post.

If you are ordering a Club membership as a gift to a third party, you can choose whether or not we will send the first pair of socks directly to the gifted Club member, or deliver them to you so that you can hand them over in person; and whether or not we should pack them in a stylish box for an additional charge. In other cases, we will send each pair of socks to the Club Member's address specified by the Customer in the order, in the usual packaging.

If you order a membership start date for the same calendar month as the order, we will send the socks on the second working day in principle, or within two working days of the contract taking effect at the latest (see clause 2.2.2 of these Terms and Conditions). The date of dispatch may vary for special Club offers.

We send the parcel within the Czech Republic, to the European Union countries and to other foreign countries as ordinary mail. If there are persistent difficulties in delivering the parcel to the Club member, we are entitled to send the socks by registered post.

The membership fee includes packing and postage within the Czech Republic. For postage abroad we are entitled to ask you to pay an additional fee to the standard membership fee.

The ownership of the sent pair of socks, as well as the risk of damage to it, is transferred to the Club member at the moment when he/she accepts the parcel from the postal service provider. Please do not accept damaged or opened parcels. Request confirmation of the open or damaged item from the postal service provider and email it to us. We will take care of the rest.

 

Part IV - Liability and Claims

 

Liability for defects and warranty

(sock article 4.1)

We stand behind the quality of our socks, so we are responsible to the Club members for ensuring that our socks are free from any defects. In particular, we are responsible for the fact that at the time we deliver the socks to you, they are in conformity with the contract concluded, i.e. that they have the quality and characteristics set out in these Terms and Conditions or on our website, or expected by the Club members on the basis of the advertising presented, or the quality and characteristics usual for socks. A conflict with the contract that arises within six months from the date of receipt of the socks shall be deemed to have already existed when the Club member received them, unless this is contrary to the nature of the matter or the Club proves otherwise.

We guarantee the quality of our socks for 24 months. The warranty period starts from the moment of receipt of the socks from the postal service provider.

We guarantee that the socks supplied will retain their characteristics for the duration of the guarantee. The warranty does not cover normal wear and tear of the socks, the life of the socks due to use and washing or other cleaning, or damage to the socks due to improper care and use contrary to their intended purpose.

In the event that the performance of our contractual obligations is not in accordance with the concluded contract and these Terms and Conditions, the Club member shall have the right to have us restore their performance to a condition consistent with the concluded contract free of charge and without undue delay, either by supplying new socks or repairing them, or by providing a reasonable discount on the membership fee, or by extending the membership period by one calendar month, as requested by the Club member. In the event of a material breach of contract, the Club member shall also have the right to withdraw from the contract.

Complaints Procedure

(sock article 4.2)

The Club member is obliged to inspect the socks without undue delay after receiving them. In the event of a defect being discovered, the Club Member shall be obliged to make a claim without undue delay. Any delay in filing a claim or continuing to use the socks may cause the defect to deepen and the socks to deteriorate and may be grounds for rejection of the claim.

Claims shall be made remotely, by e-mailing us at info@sockfellows.com. When making a claim, the Club member must tell us when the socks were received, when the defect was discovered, what the defect consists of and, if possible, the Club member must attach a photograph of the defect in the socks.

If the Club member exercises the right to claim for defective performance, we will acknowledge receipt of the claim by e-mail without undue delay. We undertake to settle the claim without undue delay, but at the latest within 30 calendar days from the date of the claim. After the claim has been settled, we will send the Club member an e-mail confirmation of how the claim has been settled and the duration of the claim procedure.

As all pairs of socks created for a single calendar month are interchangeable, we reserve the right not to repair the socks even in the event of a claim for a repairable defect and instead to resolve the claim by sending a new pair of socks as a priority. We will send the new pair of socks to the Club member normally within three working days of the claim.

If the Club member requests a discount on the membership fee to settle the complaint and we accept the complaint as justified, we will provide a discount on the membership fee for each defective pair of socks in an amount equal to the proportion of the membership fee paid and the number of calendar months of membership. The discount may be used on renewal of membership as set out above or may be paid in cash. If the Club Member requests payment of the discount in cash, we will transfer the amount of money to the Customer's bank account.

If the Club Member requests that the complaint be settled by extending the Club Membership and we accept the complaint as justified, we will extend the Club Member's membership by one calendar month for each defective pair of socks.

The Club member is entitled to withdraw from the contract if

a) the complaint has not been settled within 30 calendar days of the date of the complaint and no other agreement has been reached on the time for settling the complaint; or

b) the Club member cannot properly use the socks due to a recurrence (at least the third) of a removable defect after repair or due to a greater number (at least three) of removable defects; or

c) the defect is irremediable and prevents the socks from being properly used as a product without defect and the Club member has not exercised the right to have new socks supplied, a discount on the membership fee or an extension of membership.

If the Club member withdraws from the contract, the contract shall terminate. Withdrawal from the contract is only possible in respect of defective performance and in respect of performance that has not yet been provided. In the event of withdrawal from the contract, we will refund to the Customer a portion of the membership fee in an amount corresponding to the proportion of the membership fee paid and the number of calendar months of membership, for the calendar month in which the defective performance was provided and for all remaining calendar months of membership.

If we judge the claim to be unjustified, then a new claim procedure for the same defect cannot take place. In such a case, we are entitled to reject the repeated claim for the same defect.

 

Part V - Protection and processing of personal data

 

Personal data means any information relating to you if it can be used to identify you directly or indirectly, in particular by reference to a number, code or one or more elements specific to your physical, physiological, psychological, economic, cultural or social identity. The mere fact of being a member of the Club is not in itself your personal data.

The Club processes your personal data solely for the purpose of fulfilling its rights and obligations under the contract and these Terms and Conditions. We are only entitled to process your personal data otherwise with your consent.

We do not disclose the list of Club members to any third party. However, in the case of ordering a membership by donation, we are entitled to inform the Customer whether or not the person whose personal data they have provided to us is currently a member of the Club and when the membership will end.

By submitting an order, the Customer acknowledges the processing of his/her personal data in accordance with Act No. 101/2000 Coll., on the protection of personal data, as amended, and Regulation (EU) No. 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation, in our automated database by us as the controller or processor, as the case may be, for the purpose of fulfilling the rights and obligations under the concluded contract and these Terms and Conditions, as well as for mutual communication, including communication by electronic means regarding the contractual relationship. If the Customer has chosen this option when placing an order, he/she agrees to the processing of personal data for our business and marketing purposes and for the purpose of sending information and commercial communications to the Customer. This consent to the processing of personal data is given voluntarily by the Customer for an indefinite period of time and may be revoked at any time, free of charge, in writing or by e-mail sent to: info@sockfellows.com. The Customer's personal data will not be disclosed to any other entities besides those mentioned above.

If the Customer orders membership to a third party as a gift under the above conditions, the personal data of the donated Club member is necessary for the performance of the contract; therefore, in accordance with Section 5(2)(b) of the Personal Data Protection Act, the Club is entitled to process it even without the consent of the donated Club member. By sending the order, the Customer declares that he/she has obtained the Club member's personal data in accordance with the law and is entitled to disclose it to us; at the same time, the Customer acknowledges the processing of his/her personal data and the Club member's personal data in accordance with Act No. 101/2000 Coll, 2016/679 of the European Parliament and of the Council (EU), the General Data Protection Regulation, in our automated database maintained by us as the controller or processor, as the case may be, for mutual communication, including communication by electronic means regarding the contractual relationship. If the Customer has chosen this option when placing an order or the Club Member himself, he also agrees to the processing of the Club Member's personal data for our business and marketing purposes and for the purpose of sending information and commercial communications to the Club Member. This consent to the processing of personal data is given voluntarily by the Customer on behalf of the Club member for an indefinite period and may be revoked at any time, free of charge, by the Customer or the Club member themselves, in writing or by e-mail to info@sockfellows.com. The Club member's personal data will not be disclosed to other entities besides those mentioned above.

We guarantee you all the rights guaranteed by the Personal Data Protection Act and the General Data Protection Regulation, in particular the right to access personal data, the right to rectification or deletion of personal data, as well as other rights mentioned therein. If you discover or believe that we are processing your personal data in violation of the protection of your private and personal life, in violation of the law or the General Regulation, in particular if the personal data is inaccurate with regard to the purpose of its processing, you have the right to ask us for an explanation and to demand that we remedy the situation. In particular, this may involve the rectification, completion or erasure of personal data. If this request is found to be justified, we undertake to rectify the defective situation without delay. If we do not comply with this request, you have the right to contact the Data Protection Authority. You may also contact the Data Protection Authority directly with your complaint.

 

Part VI - Cookies

 

Cookies are small text files that are stored in the memory of your computer, smartphone or other internet-enabled device when you visit our website. Cookies help the website to identify you and/or your visit to our website the next time you visit and adjust the content and other specifics of our website accordingly.

The information that cookies store mainly relates to the number of visits to our website and other sites you have visited, the advertisements you have clicked on, the type of browser you use and the information you have filled in on the website, so that you do not have to re-enter it on your next visit. In some cases, this information is tied to your IP address.

If you decide to allow cookies to be stored on your device, you can change this decision at any later time by changing the settings of the browser you are using.

 

Part VII - Final Provisions

 

The contract concluded between us and you, these Terms and Conditions, as well as the rights and obligations not governed by them are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code as amended.

These Terms and Conditions are drawn up in the Czech language. If they have been translated into another language, the Czech language version of the Terms and Conditions shall prevail in the event of a dispute as to the interpretation of individual terms, rights and obligations.

We prefer to resolve any disputes arising from the concluded contract amicably.

In order to resolve a dispute, a Club member or the Customer, if the Customer is a Consumer, may also contact a public body for out-of-court dispute resolution, such as the Czech Trade Inspection Authority, most easily online at: http://www.coi.cz/.

These Terms and Conditions, including their components, are valid and effective as of 1 January 2018 and supersede the wording of all older terms and conditions, including their components. The full text of these Terms and Conditions is available at the Club's registered office and is also published on our website at: https://www.sockfellows.com/en/terms-and-conditions