Warning of possible surprising provisions of trade terms and conditions
SNEAKERGALLERY s.r.o. herewith warns of below provisions of trade terms and conditions, which might potentially come across as surprising. The Buyer is hereby advised of the following provisions, he expressly accepts by agreeing to these trade terms and conditions:
- clause II/4, governing the special VAT treatment
- clause VII/2, governing the shortened complaint period
- clause VII/3, governing the practical impossibility of returning goods and issuing new goods, taking into account the nature of the goods
- clause VII/12, governing the impossibility of exchanging goods for other goods, while it is always necessary to return the goods and then buy new goods on the basis of a separate agreement. Mutual claim offsetting is not possible.
General trade terms and conditions
Incorporated in the Companies Register held with the Regional Court in Brno, under file number C 113101
Náměstí Svobody 92/21
602 00 Brno-město
The Czech Republic
Business ID: 08326011
VAT ID: CZ08326011
Email address: firstname.lastname@example.org
(Hereinafter referred to as the “Seller”)
- Basic provisions
- These trade terms and conditions govern the mutual rights and obligations of the Seller and the Buyer (hereinafter referred to as: “Buyer”), who enter into a goods purchase agreement through the web interface located at a website available at www.sneakergallery.eu (hereinafter referred to as the “On-line store”) or at the Seller's premises or otherwise.
- Provisions of the trade terms and conditions form an integral part of the agreement concluded between the parties through the On-line store.
- Any deviating provisions in the purchase agreement take precedence over the provisions of the trade terms and conditions.
- Information on goods and prices
- Information about the goods, including the prices of individual goods and their main properties are specified with individual goods in the On-line store catalogue. The prices of the goods are quoted including the value added tax, all related fees and costs for the return of the goods, if the goods cannot, by their nature, be returned by ordinary mail. The prices of the goods remain valid as long as they are displayed in the On-line store. This provision does not preclude the conclusion of a purchase agreement under individually agreed conditions.
- All goods presentations available at the On-line store catalogue are of an informative nature and the Seller is not obliged to enter into a purchase agreement with the Buyer.
- Information on the costs associated with the packaging and delivery of goods is published in the On-line store. The Seller warns that the goods offered in the On-line store, as well as goods otherwise offered by the Seller, are used goods (hereinafter referred to as the “Goods”), while according to the Value Added Tax Act the Goods are subject to the so-called special treatment when the value added tax base only is a mark-up (margin), reduced by the tax on this mark-up. If the Goods are brand new, the Buyer shall be informed of this fact and the period of twelve months referred to in clause VII. 2, shall be extended to twenty-four months for such Goods.
- Ordering and concluding a purchase agreement
- The Buyer can order the Goods in the following ways:
- through his customer account, provided he has previously registered in the On-line store,
- by filling in the order form without registration.
- The data listed in the purchase order are deemed correct by the Seller. The order is valid subject to the completion of all mandatory information in the order form and the confirmation by the Buyer that he has read these trade terms and conditions.
- Immediately after obtaining the purchase order, the Seller will send to the Buyer a confirmation of receipt of the purchase order to the email address entered by the Buyer upon ordering. This confirmation shall be deemed the conclusion of the agreement. The current trade terms and conditions of the Seller are attached to the confirmation. The purchase agreement is concluded by confirming the purchase order by the Seller to the email address of the Buyer.
- In an event that the Seller is unable to meet any of the requirements specified in the purchase order, he will send the amended offer to the Buyer's email address. The amended offer is considered a new draft purchase agreement and in such a case the purchase agreement is concluded by the Buyer's confirmation of acceptance of this offer to the Seller´s email address specified in these trade terms and conditions.
- All purchase orders sent by the Buyer are binding. The Buyer is entitled to cancel his purchase order until he receives notification of receipt of the purchase order by the Seller. The Buyer can also request the cancellation of the purchase order by phone at the Seller's phone number or the Seller's email listed in the On-line store.
- In an event of an obvious technical error on the part of the Seller when quoting the price of Goods in the On-line store or during ordering, the Seller is not obliged to deliver the Goods to the Buyer for this obviously incorrect price, even in case an automatic confirmation of receipt of the purchase order has been sent to the Buyer pursuant to these trade terms and conditions. The Seller shall inform the Buyer of the error without undue delay and send the amended offer to the Buyer´s email address. The amended offer is considered a new draft purchase agreement and in such a case the purchase agreement is concluded by the Buyer's confirmation of acceptance sent to the Seller´s email address,
- The purchase agreement may also be concluded at the Seller's operation premises, and the Buyer will be notified of the wording of the trade terms and conditions when purchasing the Goods.
- Customer's account
- Based on the Buyer's registration made in the On-line store, the Buyer can access his customer account. The Buyer can order Goods from his customer account. The Buyer can also order Goods without registration.
- When registering in the customer account and when ordering Goods, the Buyer is obliged to provide true information. The Buyer is obliged to update the data specified in the user account. The Buyer is responsible for the accuracy of the data when ordering Goods and the Seller always assumes their accuracy.
- The access to the customer's account is secured by his username and password. The Buyer is obliged to maintain the confidentiality regarding the information necessary to access his customer account. The Seller is not responsible for any misuse of the customer account by third parties.
- The Buyer is not authorized to allow the use of the customer account to third parties.
- The Seller may cancel the user account, in particular if the Buyer no longer uses his user account, or if the Buyer violates his obligations pursuant to the purchase agreement and these trade terms and conditions.
- The Buyer acknowledges that the user account may not be available on the non-stop basis, especially with regard to the necessary maintenance of the hardware and software of the Seller, or. necessary maintenance of third party hardware and software.
- Payment terms and delivery of Goods
- The Buyer may pay the price of the Goods and any costs associated with the delivery of Goods pursuant to the purchase agreement in the following ways:
- by the cashless transfer to the bank account of the Seller,
- by the cashless transfer using payment card,
- by the cashless transfer via PayPal account,
- cash on delivery in cash/card when handing over/taking over the Goods.
- Together with the purchase price, the Buyer is obliged to reimburse the Seller for the costs associated with the packaging and delivery of Goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of Goods.
- In case of payment in cash, the purchase price is payable upon receipt of the Goods. In case of a cashless payment, the purchase price is payable according to the Seller's instructions.
- In case of payment through the payment gateway, the Buyer follows the instructions of the relevant electronic payment provider.
- In case of a cashless payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.
- The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before sending the Goods is not an advance payment.
- Pursuant to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received revenue with the tax administrator on-line, and in the event of a technical failure, within 48 hours at the latest.
- The Goods are delivered to the Buyer in accordance with the agreement, while the costs of delivery of Goods depending on the method of dispatch and receipt of Goods are specified in the Buyer's purchase order and in the purchase order confirmation by the Seller. If the mode of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.
- If, according to the purchase agreement, the Seller is obliged to deliver the Goods to the place specified by the Buyer in the purchase order, the Buyer is obliged to take over the Goods upon delivery. In the event that for reasons on the part of the Buyer it is necessary to deliver the Goods repeatedly or in a different way than specified in the purchase order, the Buyer is obliged to pay the costs associated with repeated delivery of Goods, or costs associated with another method of delivery.
- Upon receipt of the Goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the Goods and in case of any defects immediately notify the carrier. In case of finding the packaging damages indicating an unauthorized entry into the shipment, the Buyer does not have to take over the shipment from the carrier.
- The Seller will issue a tax document - invoice to the Buyer. The tax document is sent to the Buyer's email address.
- The Buyer acquires the ownership title to the Goods by paying the full purchase price for the Goods, including delivery costs, however no earlier than upon taking over the Goods. A liability for accidental destruction, damage or loss of the Goods passes to the Buyer at the time of receipt of the Goods or at the moment when the Buyer was obliged to take over the Goods, but did not do so in violation of the purchase agreement.
- Withdrawal from the Agreement
- The Buyer who has concluded the purchase agreement outside his business as a consumer is entitled to withdraw from the purchase agreement.
- The deadline for withdrawal from the Agreement is 14 days
- from the date of taking over the Goods,
- from the day of taking over the last delivery of Goods, if several types of Goods or delivery of several parts are subject to the agreement
- from the day of taking over the first delivery of Goods, if the regular repeated delivery of Goods is subject to the agreement.
- Among other things, the Buyer is not entitled to withdraw from the purchase agreement:
- the provision of services, in case they were fulfilled with his prior express consent before the expiry of the period for withdrawal from the agreement and the Seller informed the Buyer before concluding the agreement that in such a case he is not entitled to withdraw from the agreement,
- on the supply of Goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the Seller and which may occur during the period for withdrawal from the Agreement,
- on the delivery of Goods that have been modified according to the wishes of the Buyer or for him/herself.
- In order to comply with the withdrawal period, the Buyer must send a statement of withdrawal within the withdrawal period.
- To withdraw from the purchase agreement, the Buyer can use the sample withdrawal form provided by the Seller. The withdrawal from the purchase agreement will be sent by the Buyer to the email or delivery address of the Seller specified in these trade terms and conditions. The Seller will immediately confirm the receipt of the form to the Buyer.
- The Buyer, who has withdrawn from the agreement is obliged to return the Goods to the Seller within 14 days of withdrawal from the agreement to the Seller. The Buyer bears the costs associated with the return of Goods to the Seller, even if the Goods cannot be returned due to their nature by regular mail.
- If the Buyer withdraws from the agreement, the Seller shall return to him without delay, but no later than within 30 days of withdrawal from the agreement, all amounts, including delivery costs, which he has received from him; he shall return the money in the same way he obtained them. The Seller will only return the received money to the Buyer in another way if the Buyer agrees and if no additional costs incur to him.
- In case the Buyer has chosen other than the cheapest method of delivery of Goods offered by the Seller, the Seller will reimburse the Buyer for the costs of delivery of Goods in the amount corresponding to the cheapest offered method of delivery of Goods.
- If the Buyer withdraws from the purchase agreement, the Seller is not obliged to return the obtained amounts to the Buyer before the Buyer hands over the Goods to him or proves that he sent the Goods to the Seller.
- The Buyer must return the Goods to the Seller undamaged, unworn, not dirty and in the original packaging, including all its components. The packaging is a part of the Goods and non-return or damage to the packaging may lead to a reduction in the value of the Goods. The Seller is entitled to unilaterally set off the entitlement to compensation for damage to the Goods against the Buyer's right to a refund of the purchase price.
- The Seller is entitled to withdraw from the purchase agreement due to the sale of stock, unavailability of Goods, or when the manufacturer, importer or supplier of Goods has interrupted the production or import of Goods. The Seller shall immediately inform the Buyer via the email address specified in the purchase order and within 14 days of notification of withdrawal from the purchase agreement shall return all funds, including delivery costs, which he received from the Buyer pursuant to the agreement, in the same way or in the manner specified by the Buyer.
- Defective performance rights
- The Seller is responsible to the Buyer that the goods are free of defects upon receipt. In principle, the Seller is liable to the Buyer that at the time when the Buyer took over the Goods:
- the Goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the Seller or the manufacturer or which the Buyer expected with regard to the nature of the Goods and on the basis of the advertising performed by them,
- the Goods are fit for the purpose stated by the Seller for their use or for which the Goods of this kind are usually used,
- the Goods correspond in terms of the quality or design to the agreed sample or pattern, in case the quality or design is determined according to the agreed sample or pattern,
- the Goods are in the appropriate quantity, measure or weight
- the Goods comply with the requirements of legal regulations.
- If the defect becomes apparent within six months of receipt of the Goods by the Buyer, the Goods are deemed to have been defective already at the time of receipt. The Buyer is entitled to exercise the right to a defect that occurs in the Goods within twelve months of receipt. This provision shall not apply to Goods sold at a lower price, for which a lower price has been agreed, to Goods wear and tear caused by its normal use, to a defect corresponding to the degree of use or wear and tear which the Goods manifested when taken over by the Buyer, or if it follows from the nature of the goods, the Buyer taking note of the above.
- In an event of a defect, the Buyer may submit a complaint to the Seller and request as below, if possible with regard to the nature of the Goods:
- exchange for new goods, which is often impossible due to the uniqueness of the goods,
- repair of goods,
- a reasonable discount from the purchase price,
- withdrawal from the agreement.
- The Buyer is entitled to withdraw from the agreement,
- if the Goods have a substantial defect and it is not a defect corresponding to the degree of use or wear, which the thing manifested when taken over by the Buyer
- if he cannot use the thing properly due to the recurrence of the defect or defects after repair,
- in case of a larger number of defects of the Goods.
- The Seller is obliged to take over the complaint in any establishment, where the takeover acceptance is possible, or at his registered office or place of business. The Seller is obliged to issue a written confirmation to the Buyer about when the Buyer exercised the right, what is the content of the complaint and what method of the complaint settlement has been requested by the Buyer, as well as confirmation of the date and manner of handling the complaint, including confirmation of repair and its duration, or written justification. of the complaint rejection.
- The Seller or an employee authorized by him will decide on the complaint immediately or - in complex cases - within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the defect elimination must be resolved immediately, no later than 30 days from the date the complaint is lodged, unless the Seller and the Buyer agree on a longer period. The expiration of this period in vain is considered a material breach of the Agreement and the Buyer is entitled to withdraw from the purchase agreement in this case. The moment of complaint lodging is considered to be the moment when the expression of the will of the Buyer (exercise of the right from defective performance) is obtained by the Seller.
- The Seller shall inform the Buyer in writing about the result of the complaint, even electronically.
- The right of defective performance does not belong to the Buyer, if the Buyer knew before taking over the thing that the thing has a defect, or in an event the Buyer caused the defect himself.
- In case of a justified complaint, the Buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the complaint. The Buyer can exercise this right with the Seller within one month after the expiration of the warranty period.
- The Buyer is free to choose the method of complaint.
- The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by valid Czech law, all with regard to the fact that these are not, in principle, new goods.
- In case the Buyer is interested in buying other Goods from the Seller, it is not possible to credit the price of the goods and collect new Goods, or exchange the Goods for other Goods with additional payment from either party, but it is necessary - inter alia, due to the nature of the goods - to withdraw from the agreement in accordance with the law and then, if necessary, to conclude a new agreement.
- Correspondence service
- The Contracting Parties may deliver all written correspondence to each other via electronic mail.
- The Buyer delivers correspondence to the Seller to the email address listed at the Seller's website. The Seller delivers correspondence to the Buyer to the email address specified in his customer account or in the purchase order.
- Out-of-court dispute resolution
- The responsibility for the out-of-court resolution of consumer disputes arising from the purchase agreement falls within the jurisdiction of the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Business Identification Number: 000 20 869, website: https://adr.coi.cz/cs.
- The on-line dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and Buyer under the purchase agreement.
- The European Consumer Center of the Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Website: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the on-line resolution of consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Regulation on the on-line consumer dispute resolution).
- Final Provisions
- All agreements between the Seller and the Buyer are governed by the law of the Czech Republic and the competent courts are the Czech courts. This does not affect the consumer's rights arising from generally binding legal regulations.
- The Seller is not bound by any codes of conduct in relation to the Buyer.
- All rights to the Seller's website, in particular the copyright to the content, including the website layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
- The Buyer hereby assumes the risk of changing circumstances.
- The purchase agreement, including trade terms and conditions, is archived by the Seller in the Seller in electronic form and is not accessible electronic form and is not accessible.
- The wording of the trade terms and conditions may be amended or supplemented by the Seller, whereas the Seller undertakes to notify the new wording to the Buyer at least 14 days before the effective date of the new trade terms and conditions and unless the Buyer does not agree with the new trade terms and conditions wording by the date of the new wording of trade terms and conditions coming into effect he is deemed to have accepted the changes in full without any objections. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the trade terms and conditions.
- The sample form for withdrawal from the Agreement is attached to the trade terms and conditions.
These trade terms and conditions take effect on 8. 4. 2021