Terms & Conditions

1. Introductory provisions

1.1. These Terms and Conditions regulate the rights and obligations between the Seller and the Customer when ordering and purchasing products of the FORTOOTO brand, especially custom-made outdoor clothing.

1.2. The operator of the FORTOOTO brand and the Seller is:

Martin Janoušek
Business ID No.: 23706635
Registered office: Jetelová 1213, 332 02 Starý Plzenec, Czech Republic
E-mail: info@fortooto.com
Instagram: @fortooto_com
registered in the Trade Register
the Seller is not a VAT payer

1.3. FORTOOTO is not a separate legal entity, but a business brand of the Seller.

1.4. These Terms and Conditions apply mainly to orders concluded through e-mail communication between the Seller and the Customer.

1.5. A Customer is a natural or legal person who communicates with the Seller about an order or enters into a contract with the Seller. A Consumer is a natural person who enters into a contract with the Seller or otherwise deals with the Seller outside the scope of their business activity or independent professional activity.

1.6. If the Customer provides company details, a business ID number, or if it follows from the circumstances that the Customer is purchasing within the scope of their business activity, the Customer is considered an Entrepreneur, and provisions intended exclusively for consumer protection do not apply to them.

2. Character of the products

2.1. The Seller mainly produces custom-made clothing and accessories of the FORTOOTO brand according to the individual requirements of the Customer.

2.2. Each product is made individually based on an approved order. Individual requirements may include, in particular, the choice of material, colour, size, fit, length, additional features, finishing method, pockets, openings, sleeve modifications, preferred fit feel, or other properties agreed between the Seller and the Customer.

2.3. The specific properties of the product are always determined primarily by the confirmed order summary. Information provided on the website, social media, or in previous communication is for informational purposes unless expressly included in the confirmed order.

2.4. Due to handmade and custom production, individual products may differ in minor details. Minor deviations corresponding to handmade production are not considered defects, provided they do not have a significant effect on the usability of the product and are not contrary to the confirmed order.

2.5. FORTOOTO products are not personal protective equipment or protective aids within the meaning of special legal regulations, unless expressly stated otherwise.

3. Colours, materials and samples

3.1. Photographs, images of colours and materials on the website, social media, or in e-mail communication may differ slightly from reality, especially due to display settings, lighting conditions during photography, photo processing, or differences between material batches.

3.2. A reasonable difference in colour shade compared to a photograph or display image is not considered a defect, provided that the supplied material corresponds to the agreed type and colour designation.

3.3. Before placing an order, the Customer may request physical samples of the main material, if available. The samples themselves are provided free of charge; however, the Customer pays postage or shipping costs, unless the parties agree otherwise.

3.4. If the Customer orders a product without first requesting a physical sample, the Customer acknowledges that they assess the colour and appearance of the material based on available photographs or descriptions.

4. Customer measurements and responsibility for input data

4.1. The size and final fit of a custom-made product depend mainly on the body measurements, fit preferences and other input data provided by the Customer to the Seller.

4.2. The Customer is responsible for the accuracy, completeness and truthfulness of the input data provided, especially body measurements, requested length, circumference, fit preference and other individual requirements.

4.3. The Seller is not responsible for an unsuitable size, fit or final wearing feel if caused by incorrect, inaccurate or incomplete data provided by the Customer.

4.4. If the Seller has reasonable doubts about the accuracy of the provided data, the Seller may ask the Customer to verify, supplement or retake the measurements.

4.5. A custom-made garment may have natural production and material tolerances. Minor dimensional deviations corresponding to handmade production, the material used and the method of processing are not considered defects, provided that the product as a whole corresponds to the confirmed order and is suitable for normal use.

5. Order and conclusion of the contract

5.1. Orders are handled individually, usually by e-mail at info@fortooto.com.

5.2. The Customer first sends an enquiry or order request. The enquiry itself does not constitute the conclusion of a contract.

5.3. Based on communication with the Customer, the Seller prepares an order summary, which may include in particular:

• product specification,
• selected materials, colours and details,
• agreed measurements or other input data,
• product price,
• payment currency,
• shipping price or method of determining it,
• expected production time,
• payment method,
• a link to or attachment of these Terms and Conditions.

5.4. The Customer is obliged to check the order summary. If the Customer agrees with the summary, they confirm it by e-mail.

5.5. The contract between the Seller and the Customer is concluded only when the Seller confirms acceptance of the binding order to the Customer by e-mail.

5.6. The Seller is not obliged to accept every enquiry or order, especially if the Customer’s request is not technically feasible, is not in line with the focus of the brand, the material is not available, or the Seller is at full capacity.

5.7. After the contract has been concluded, the order may be changed only by mutual agreement. The Seller is not obliged to accept changes requested by the Customer after order confirmation, especially if production has already started or material has already been ordered.

6. Price and payment terms

6.1. The product price is determined individually according to the specific order.

6.2. The Seller is not a VAT payer. Prices are stated as final prices without VAT being charged.

6.3. Orders may be agreed in CZK, EUR or USD. The currency and price stated in the confirmed order are always decisive.

6.4. Payment is always made in advance, unless the Seller and the Customer expressly agree otherwise.

6.5. The Seller does not use deposit payments; the full order price is normally paid before production starts.

6.6. Possible payment methods are:

• bank transfer,
• QR payment,
• cash payment upon personal handover or as individually agreed.

6.7. Production starts only after the full payment has been credited to the Seller’s account or after another agreed payment has been made.

6.8. If the Customer does not pay the price within the agreed period, the Seller may cancel the order, unless the parties agree otherwise.

7. Production and delivery time

7.1. The usual production time is approximately 2 weeks from the binding order and payment of the price, unless otherwise stated in the specific order.

7.2. The production time may vary depending on the Seller’s workload, material availability, product complexity, the scope of individual modifications or other circumstances.

7.3. A more precise expected production time will be communicated to the Customer individually during the order process.

7.4. Shipping time according to the destination country and the selected carrier must be added to the production time.

7.5. The Seller will inform the Customer if there is a significant delay in production or delivery.

8. Delivery and shipping

8.1. The Seller delivers products to the Czech Republic, the Slovak Republic and other countries.

8.2. In the Czech Republic and the Slovak Republic, Zásilkovna is usually used, unless the parties agree otherwise.

8.3. For other countries, the shipping method is chosen individually during the order clarification process.

8.4. Personal handover is possible by prior agreement.

8.5. The shipping price is determined according to the destination country, selected carrier and method of delivery. The shipping price will be communicated to the Customer before the contract is concluded, or it will be stated that it will be charged additionally according to the selected delivery method.

8.6. For deliveries outside the European Union, the Customer may be required to pay customs duties, import taxes, carrier fees or other charges according to the laws of the destination country. These charges are not included in the product price or shipping price unless expressly stated otherwise.

8.7. The Customer is obliged to collect the shipment within the carrier’s storage period. If the Customer does not collect the shipment and it is returned to the Seller, the Seller may require payment of the costs associated with resending the shipment.

9. Withdrawal from the contract for custom-made products

9.1. The Customer acknowledges that FORTOOTO products are made or modified according to the Customer’s individual requirements.

9.2. If the Customer is a Consumer, they do not have the right to withdraw from the contract within 14 days without giving a reason in the case of goods made according to their requirements or adapted to their personal needs.

9.3. This does not affect the Customer’s rights arising from defective performance. If the product has a defect, the Customer may make a complaint in accordance with these Terms and Conditions and the applicable legal regulations.

9.4. Cancellation of an order after the contract has been concluded is possible only by mutual agreement between the Seller and the Customer.

9.5. If the Seller offers ready-made stock products in the future that are not made or modified according to the Customer’s individual requirements, the rules for withdrawal from the contract will be assessed according to the applicable legal regulations and the then-current Terms and Conditions.

10. Product care

10.1. The Customer is obliged to care for the product in accordance with the information stated on the sewn-in label, or in any additional instructions provided by the Seller.

10.2. Care instructions may also be provided on a separate FORTOOTO website page titled “Care Instructions” or in e-mail communication relating to the order.

10.3. The following in particular are not considered defects:

• damage caused by incorrect washing,
• use of an unsuitable detergent,
• use of fabric softener if unsuitable for the material,
• tumble drying if prohibited,
• ironing or exposure to high temperature,
• mechanical damage,
• abrasion caused by a backpack, zippers, hook-and-loop fasteners, straps or rough surfaces,
• normal wear and tear,
• improper storage,
• use of the product contrary to its purpose.

10.4. Natural changes in the material caused by normal use, washing and ageing of the product are not considered defects, provided they do not exceed the usual characteristics of the given type of material.

11. Rights arising from defective performance and complaints

11.1. The Seller is responsible to the Customer that the product is free from defects upon receipt and corresponds to the confirmed order.

11.2. A defect means, in particular, a situation where the product does not correspond to the confirmed order, has the wrong material, wrong colour, wrong agreed detail, an obvious manufacturing defect or another defect that prevents its normal use.

11.3. The following in particular are not considered defects:

• unsuitable size or fit preference based on data provided by the Customer,
• incorrect result caused by incorrect Customer measurements,
• minor deviation corresponding to handmade production,
• reasonable colour shade difference compared to a photograph or display image,
• normal wear and tear,
• mechanical damage caused by the Customer,
• damage caused by improper care,
• damage caused by improper use,
• natural characteristics of the material used.

11.4. The Customer submits a complaint by e-mail to info@fortooto.com.

11.5. The complaint must include at least:

• Customer’s name,
• order identification or product description,
• description of the defect,
• photographic documentation of the defect,
• preferred method of complaint resolution,
• Customer’s contact details.

11.6. The Customer is always obliged to first send a description and photographic documentation of the defect by e-mail. The Seller will then inform the Customer of the next steps, especially whether the product must be sent for assessment.

11.7. If physical assessment of the product is necessary, the Customer will send it according to the Seller’s instructions. The complained-about product may, by agreement, be sent for example to the Seller’s registered office address or to a self-service parcel locker of a selected carrier.

11.8. The address for sending complained-about goods, unless otherwise agreed, is:

Martin Janoušek
Jetelová 1213
332 02 Starý Plzenec
Czech Republic

11.9. Complained-about goods must be submitted clean and hygienically safe. If the condition of the product prevents its safe assessment, the Seller may ask the Customer to remedy this.

11.10. The Seller will confirm receipt of the complaint to the Customer in text form, usually by e-mail. The confirmation will include the date of complaint submission, the content of the complaint, the requested method of resolution and the Customer’s contact details.

11.11. The complaint will be resolved without undue delay, no later than within 30 days from the date of its submission, unless the Seller and the Customer agree on a longer period. This requires that the Customer provides the necessary cooperation, especially enabling assessment of the complained-about product if necessary.

11.12. In the case of a justified complaint, the Customer has rights according to the applicable legal regulations. Considering the nature of custom-made production, the Seller will primarily resolve the defect by repair if this is possible and reasonable.

11.13. If repair is not possible or reasonable, the complaint may be resolved in another lawful manner, especially by delivery of a new product, a reasonable discount or withdrawal from the contract, provided that the legal conditions for this are met.

11.14. The Seller may refuse the chosen method of defect removal if it is impossible or disproportionately costly compared to another method.

11.15. The Seller will inform the Customer about the resolution of the complaint by e-mail. The Seller will provide the Customer with confirmation of the date and method of complaint resolution, or a written justification for rejecting the complaint.

11.16. In the case of a justified complaint, the Seller bears the reasonably incurred costs connected with the complaint to the extent provided by legal regulations.

11.17. In the case of an unjustified complaint, the Customer may bear the costs associated with sending the product back, unless the parties agree otherwise.

12. Complaints and alternative consumer dispute resolution

12.1. Any complaints may be sent by the Customer to info@fortooto.com.

12.2. The Seller endeavours to resolve all disputes with Customers primarily amicably and by individual agreement.

12.3. If a consumer dispute arising from a purchase contract arises between the Seller and a Customer who is a Consumer, and the dispute cannot be resolved by mutual agreement, the Consumer may submit a proposal for alternative dispute resolution to the competent alternative dispute resolution body.

12.4. This body is:

Czech Trade Inspection Authority
Central Inspectorate – ADR Department
Gorazdova 1969/24
120 00 Prague 2
Czech Republic
e-mail: adr@coi.gov.cz
website: coi.gov.cz/informace-o-adr/

13. Personal data protection

13.1. The Seller processes the Customer’s personal data mainly for the purpose of communication about the order, conclusion and performance of the contract, production of the product, delivery of the product, accounting, handling complaints and fulfilling legal obligations.

13.2. Detailed information on personal data processing is provided in a separate document or on a separate page titled Privacy Policy / Personal Data Processing Policy.

13.3. The Customer acknowledges that for custom-made production it may be necessary to process data stated in the order, including body measurements, if the Customer provides them to the Seller for the purpose of producing the garment.

14. Intellectual property

14.1. All content of the FORTOOTO website, photographs, texts, graphics, marks, designs, pattern solutions and other elements are protected by applicable legal regulations, especially copyright and unfair competition regulations.

14.2. Without the Seller’s prior consent, it is not permitted to copy, distribute, modify or use the website content, photographs or other materials for commercial purposes.

15. Governing law and final provisions

15.1. These Terms and Conditions and the contractual relationships between the Seller and the Customer are governed by the law of the Czech Republic.

15.2. If the Customer is a Consumer residing outside the Czech Republic, this does not affect their rights arising from mandatory provisions of legal regulations that would apply regardless of the choice of law.

15.3. If any provision of these Terms and Conditions is invalid or ineffective, this does not affect the validity of the remaining provisions.

15.4. The Seller may amend these Terms and Conditions. For a specific order, the Terms and Conditions valid at the time of conclusion of the contract are decisive, unless the parties agree otherwise.

15.5. These Terms and Conditions are available to the Customer on the Seller’s website and may also be sent to the Customer by e-mail.

Note on language version

These Terms and Conditions are an English translation of the Czech version of the Terms and Conditions. In the event of any discrepancy between the Czech and English versions, the Czech version shall prevail.