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/3, 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/13, 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
Questions about the order, complaint, return of goods, etc.
E-mail address: email@example.com
Contact form: https://www.sneakergallery.eu/contact/
Questions about the availability of goods in the store or questions about personal pick-up
telephone contact to our Brno store: +420 704 282 922
Account number: 2901898355/2010
(Hereinafter referred to as the “Seller”)
I. Basic provisions
- These terms and conditions (hereinafter referred to as “terms and conditions”) govern the mutual rights and obligations of the Seller and Buyer (hereinafter referred to as: “Buyer”), who enter into a goods purchase agreement (hereinafter referred to as: “purchase agreement”) through the web interface located at the website www.sneakergallery.eu (hereinafter referred to as: “online store”) or at the seller's premises or otherwise.
- Provisions of the terms and conditions form an integral part of the agreement concluded between the parties through the online store.
- Any deviating provisions in the purchase agreement take precedence over the provisions of the trade terms and conditions.
II. 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 for the period for which they are displayed in the online store and for the duration of the purchase agreement.
- 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 online store. The Seller points out that the goods offered in the online store, as well as the goods otherwise offered by the Seller, are second-hand goods (hereinafter referred to as "goods"), whereby, according to the Value Added Tax Act, the goods are subject to a special regime when the basis for value added tax is only the mark-up (margin) reduced by the tax on this mark-up. If the goods were to be new, the buyer will be informed of this fact and the one-year period for exercising rights under the defective performance for defects occurring in the goods within this period, as stated in point VII.2. of the terms and conditions, will be extended to two years for such goods.
III. Ordering and concluding a purchase agreement
1. The purchase agreement is concluded:
- remotely via the online store, with the costs of transportation being paid by the buyer; however, these costs are no different from the basic rate paid by the buyer for the use of these means (i.e. in particular for access to the internet, for any telephone calls). By submitting your order, you - - - agree to our use of remote communication facilities. Or
- at the Seller's premises, see section III. 9. of the terms and conditions.
2. 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
3. In order to conclude a purchase agreement, the buyer must create an order in the online store. This proposal must contain the following information:
- Information about the goods to be purchased (in the online store, the goods you are interested in purchasing are indicated by the "ADD TO CART" button);
- Information about the price of the goods, the shipping cost, the payment method and the desired delivery method; this information will be entered as part of the creation of the order proposal within the user interface of the online store, and the information about the price of the goods and the shipping costs will be provided automatically based on the goods and the delivery method chosen by the buyer;
- the Buyer's identification and contact details for the delivery of the goods, in particular name, surname, delivery address, telephone number and e-mail address.
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.
4. During the creation of the order, the buyer can change and check the data until the order is finalized. After checking the data, the order is created by pressing the "ORDER with obligation to pay" button. By clicking on the "ORDER with obligation to pay" button, the buyer also agrees to the terms and conditions and confirms that he/she has read the personal data processing policy. After clicking the "ORDER with obligation to pay" button, all information will be sent to the seller.
5. Immediately upon receipt of the order, the Seller will send a confirmation of receipt of the order to the e-mail address provided by the Buyer when placing the order. The confirmation shall have the Seller's current terms and conditions attached. The purchase agreement is concluded by the confirmation of the order by the Seller to the Buyer's e-mail address.
6. 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 e-mail 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 e-mail address specified in these trade terms and conditions.
7. 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 e-mail listed in the On-line store.
8. 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 e-mail 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 e-mail address. If the buyer does not accept the amended offer even within 3 working days, the seller may withdraw from the concluded purchase agreement. An obvious error in the price of the goods is considered to be, for example, a situation where the price of the goods does not correspond to the usual price of other sellers or where a digit is missing or missing.
9. The purchase agreement may also take place at the seller's premises, whereby the buyer will be notified of the wording of the terms and conditions when purchasing the goods.
10. The purchase agreement can be concluded in both Czech and English.
IV. Customer's account
- By registering in the online store, the buyer can access his customer account. From his/her customer account, the buyer can order goods. The Buyer can also order goods without registration.
- When registering for a customer account and when ordering goods, the Buyer is obliged to provide truthful information. The Buyer is obliged to update the information provided in the customer account. The Buyer is responsible for the accuracy of the data when ordering goods and the Seller always assumes the accuracy of the data.
- Access to the customer account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his customer account. The Seller shall not be liable for any misuse of the customer account by third parties.
- The Buyer is not entitled to allow third parties to use his/her customer account.
- The Seller may terminate the customer account, in particular if the Buyer has not used his customer account for more than two years or if the Buyer breaches his obligations under the purchase agreement and these terms and conditions.
- The Buyer acknowledges that the Customer Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.
V. Payment terms and delivery of Goods
- The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement in the following ways:
- by wire transfer to the Seller's bank account
- by credit card, in which case payment is also subject to the terms and conditions of the payment gateway
- by cash/card on delivery/collection of the goods.
2. 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.
3. 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.
4. In case of payment through the payment gateway, the Buyer follows the instructions of the relevant electronic payment provider.
5. 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.
6. 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.
7. The goods are delivered to the buyer in accordance with the purchase agreement, with the cost of delivery of the goods depending on the method of shipment and receipt of the goods specified in the buyer's order and in the confirmation of the order by the seller. If the method of delivery is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs associated with this method of delivery.
8. 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.
9. The delivery time always depends on the availability of the goods and the chosen method of delivery and payment. The estimated delivery time will be communicated to the buyer in the order confirmation. The time indicated in the online store is only indicative and may differ from the actual delivery time. The goods will be delivered no later than 30 days from the date of conclusion of the purchase agreement, unless otherwise agreed by the parties. If the goods are marked as unavailable or out of stock, the delivery date will be indicated in the order confirmation. If the Buyer orders goods with a delivery time longer than 30 days, the Buyer agrees to this longer delivery time by sending the order. In the event that the delivery date is longer than 30 days and this fact has not been indicated on the goods, the Seller shall inform the Buyer of this fact, however, the Buyer must agree to this extension before the order is considered complete. In this case, the Buyer shall have the right to withdraw from the contract of sale and the Seller shall be obliged to return any consideration received from the Buyer. However, the right of withdrawal shall cease if the parties agree on a new date. The seller also has this right of withdrawal.
10. 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.
11. The Seller will issue a tax document - invoice to the Buyer. The tax document is sent to the Buyer's e-mail address.
12. 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.
VI. Withdrawal from the Agreement
- A buyer who has concluded a purchase agreement outside his business activity as a consumer has the right to withdraw from a purchase agreement concluded through an online store under the conditions set out in the terms and conditions, the purchase agreement or the law.
- The period for withdrawal from a purchase agreement concluded through an online store 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 purchase agreement
- from the day of taking over the first delivery of Goods, if the regular repeated delivery of Goods is subject to the purchase agreement
3. Among other things, the Buyer is not entitled to withdraw from the purchase agreement:
- on the provision of services, if they have been provided in full; in the case of performance for consideration, only if the performance has begun with the consumer's prior express consent before the expiry of the withdrawal period and the entrepreneur has informed the consumer before the conclusion of the contract that the provision of the performance terminates the right to withdraw from the contract,
- the supply of goods or services the price of which depends on financial market fluctuations independent of the will of the seller and which may occur during the withdrawal period,
- the supply of goods made to the consumer's requirements or adapted to his personal needs.
4. In order to comply with the withdrawal period, the buyer must send the notice of withdrawal within the withdrawal period.
5. To withdraw from the purchase agreement, the Buyer may use the sample withdrawal form provided by the Seller here. The Buyer shall send the notice of withdrawal from the purchase agreement to the e-mail or delivery address of the Seller set out in these terms and conditions or by other provable means. The Seller shall promptly acknowledge receipt of the form to the Buyer.
6. The buyer who has withdrawn from the purchase agreement is obliged to return the goods to the seller within 14 days of withdrawal from the purchase agreement. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
7. If the Buyer withdraws from the purchase agreement, the Seller shall reimburse the Buyer immediately, but no later than within 30 days of withdrawal from the purchase agreement, all monies, including delivery costs, received from the Buyer in the same manner. The Seller shall only return the funds received to the Buyer in another way only if the Buyer agrees to this and if no additional costs are incurred.
8. 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.
9. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the received funds to the buyer before he receives the goods or before the buyer proves to him that he has sent the goods back, whichever is earlier.
10. The Buyer must return the goods to the Seller undamaged, unworn and unpolluted and in their original packaging including all their components. The packaging is part of the goods and failure to return or damage to the packaging may result in a reduction in the value of the goods. The Buyer shall be liable to the Seller for damages where the Goods are damaged as a result of the Buyer handling the Goods other than as necessary to acquaint him with the nature, characteristics and functionality of the Goods. In such a case, the Seller shall invoice the Buyer for the damage caused after the goods have been returned; the amount invoiced is due within 14 days. The Seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
11. The Buyer shall not be entitled to withdraw from the Purchase Agreement under this Article if he has removed or otherwise violated the verification tag (hereinafter referred to as "Verified Tag") which is firmly attached to the shoe. This tag ensures the authenticity and integrity of the goods delivered. The Verified Tag is located in the lace hole on the right shoe of the pair. It is a black plastic seal with a white SNEAKER GALLERY logo on one side and the text "WE LOVE LIMITED" with a QR code on the other side. Removal of the verification label demonstrates that the goods have been handled in a manner other than is necessary for the Buyer to become familiar with the nature, characteristics and functionality of the goods.
12. 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 e-mail 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.
VII. Defective performance rights
- The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In principle, the seller is liable to the buyer that the goods:
(a) conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
(b) it is suitable for the purpose for which the buyer requires it and to which the seller has agreed,
(c) is supplied with the agreed accessories and instructions for use, including instructions for use (if required),
(d) it is fit for the purpose for which goods of that kind are normally used, including having regard to the rights of third parties, legislation, technical standards or codes of practice of the industry, if there are no technical standards,
(e) it corresponds in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind which the buyer can reasonably expect, including in the light of public statements made by the seller or by another person in the same contractual chain, in particular advertising or labeling,
(f) is supplied with such accessories, including packaging, instructions and other directions for use, as the buyer may reasonably expect; and
(g) it corresponds in quality or workmanship to the sample provided by the seller to the buyer before the conclusion of the contract of sale (if provided, which is not the seller's obligation).
Paragraphs (d) to (g) do not apply if the seller informs the buyer before the conclusion of the contract of sale that a characteristic of the goods differs and the buyer expressly agrees to this when concluding the contract of sale.
2. If a defect appears within one year of the buyer's receipt of the goods, the goods shall be deemed to have been defective upon receipt, unless the nature of the goods or the defect precludes it. The buyer is entitled to claim the right of a defect that occurs in the goods within one year of receipt, since the goods are used. This provision does not apply to goods sold at a lower price for which the lower price was agreed, to wear and tear caused by normal use, to a defect corresponding to the degree of use or wear and tear the goods had when the buyer took them over, or if this is apparent from the nature of the goods, and the buyer acknowledges the above.
3. If the goods are defective, the buyer has the following rights:
- to delivery of new goods without defect;
- to remedy the defect by repairing the goods;
and the buyer may choose the method that is appropriate in the particular case. The buyer is not entitled to request a method of resolving the defect which is impossible or disproportionately expensive compared to the other method. In the event of such a choice, the seller has the right to refuse to remedy the defect or to choose the second method of remedying the defect. The Seller advises the Buyer that replacement of the goods may often be impossible due to the uniqueness of the goods.
4. In the event that:
- the seller refuses to remedy the defect or fails to remedy it within a reasonable time after the defect has been pointed out,
- the defect reappears,
- the defect is a material breach of the contract of sale,
- the seller declares that the defect will not be rectified within a reasonable time or without significant inconvenience to the buyer,
the Buyer has the following rights:
- the right to a reasonable discount on the price of the goods,
- the right to withdraw from the purchase agreement
5. The Buyer may not withdraw from the purchase agreement, nor request delivery of a new item, if he cannot return the goods in the condition in which he received them. However, this does not apply in the following cases:
- if the condition of the goods has changed as a result of an inspection to detect a defect;
- if the goods were used before the defect was discovered
- if the impossibility of returning the goods in their unaltered condition was not caused by an act or omission of the buyer
- if, before the discovery of the defect, the goods were sold, consumed or altered by the buyer in the ordinary course of use; if, however, this was only partially the case, the buyer is obliged to return that part of the goods which can be returned, in which case he shall not be refunded the part of the price corresponding to his benefit from the use of that part of the goods
6. The Seller is obliged to accept the complaint at any establishment where the complaint can be accepted, or even at the registered office or place of business. The Buyer may make a claim in any demonstrable way, for example by e-mail or by sending the claim to. The Buyer can also use the claim form available here. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer made the claim, what is the content of the claim and what method of handling the claim the Buyer requires, and the Buyer's contact details for the purpose of providing information on the handling of the claim, as well as confirmation of the date and method of handling the claim, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the claim.
7. The Seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This time limit 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 rectification of the defect, must be settled and the buyer must be informed of this within 30 days of the date of the complaint, unless the seller and the buyer agree on a longer period. The expiry of this period in vain shall be considered a material breach of contract and the buyer shall have the right to withdraw from the purchase agreement or to demand a reasonable discount on the purchase price. The moment when the buyer's expression of will (exercise of the right from defective performance) reaches the seller is considered the moment of claim.
8. The Seller shall inform the Buyer in writing of the outcome of the complaint, including electronically.
9. The Buyer is not entitled to the right of defective performance:
- if the buyer knew before taking over the item that the item had a defect
- if the buyer himself caused the defect
- for a defect in the goods for which a lower price was agreed, if the goods are sold at a lower price
- if the wear and tear of the goods is caused by normal use,
- a defect corresponding to the degree of use or wear and tear the goods had when the buyer took them over, if the goods are second-hand; or
- if the nature of the goods so requires.
10. 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.
11.The Buyer has the choice of the method of claim, however, subject to the rules for the resolution of the right of defects according to this article.
12. 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.
13.If the buyer is interested in purchasing other goods from the seller, it is possible to transfer the price of goods to credit by issuing a voucher from the seller to the buyer when returning the goods and ordering new goods. It is also not possible to exchange goods for other goods with a supplementary payment by either party, but it is necessary, inter alia, taking into account the nature of the goods, to withdraw from the contract in accordance with the legislation and then, if necessary, conclude a new contract.
VIII. 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 e-mail address listed at the Seller's website. The Seller delivers correspondence to the Buyer to the e-mail address specified in his customer account or in the purchase order.
IX. 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 44, 110 00 Prague 1, CID: 000 20 869, internet address: 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).
X. 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.
- A sample withdrawal form and a complaint form are annexed to the terms and conditions.
These trade terms and conditions take effect on 18. 5. 2023.