General Business Terms and Conditions
General Business Terms and Conditions (hereinafter referred to as “GBTC”) of Sneakers & Co. s.r.o., a company having its registered seat on Lipenská 1000, 149 00 Praha 4, telephone +49 (0) 89 520 112 23, ID No.: 02113422, tax ID: CZ02113422, registered in the Commercial Register maintained by the Municipal Court in Prague, section C, entry 215458, applicable to the sale of goods through the on-line shop located at the following websites: www.sneak-a-venue.cz, www.sneak-a-venue.com, and www.sneak-a-venue.de.
1. Introductory Provisions
1.1 These Business Terms and Conditions (hereinafter referred to as “Business Terms and Conditions”) of the business corporation Sneakers & Co. s.r.o., having its registered seat on Lipenská 1000, 149 00 Prague 4, identification number: 02113422, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, entry 215458 (hereinafter referred to as “Vendor”) regulate the mutual rights and obligations of contractual parties arising in connection or on the basis of purchase agreements (hereinafter referred to as “Purchase Agreement”) concluded between the Vendor and another individuals or legal entities (hereinafter referred to as “Buyer”) through the Vendor’s Internet shop. The Internet shop is operated at the following websites: www.sneak-a-venue.cz, www.sneak-a-venue.com, www.sneak-a-venue.de, through a web interface (hereinafter referred to as “shop’s web interface”).
1.2 Furthermore, the Business Terms and Conditions regulate the rights and obligations of the contractual parties in using the Vendor’s websites at www.sneak-a-venue.cz, www.sneak-a-venue.com, www.sneak-a-venue.de (hereinafter referred to as “website”), and other related legal relations. The Business Terms and Conditions do not apply to cases when a person who intends to purchase goods from the Vendor is ordering goods in the course of its business.
1.3 Provisions diverging from these Business Terms and Conditions can be agreed in a purchase agreement. Diverging provisions stipulated in a purchase agreement shall take precedence over the provisions of these Business Terms and Conditions.
1.4 The provisions of these Business Terms and Conditions constitute an integral part of each purchase agreement. Purchase agreements and these Business Terms and Conditions have been drawn up in Czech. A purchase agreement can be concluded in Czech.
1.5 The Vendor may amend or supplement the wording of these Business Terms and Conditions. These provisions shall not prejudice any rights and obligations arising during the term of application of the previous version of the Business Terms and Conditions.
2. User Account
2.1 On the basis of the Buyer’s registration at the website, the Buyer may access his user interface. From his user interface, the Buyer may order goods (hereinafter referred to as “User Account”). If the shop’s web interface enables it, the Buyer may also order goods without registration, directly from the shop’s web interface.
2.2 When registering at the website and ordering goods, the Buyer must state all information correctly and truthfully. The Buyer shall update any information provided in his user account should it change in any way. The Vendor shall consider the information provided by the Buyer in his user account and when ordering goods to be correct.
2.3 Access to a user account is secured by a user name and password. The Buyer shall keep the information required for accessing his user account confidential and understands that the Vendor is not liable in the event of a breach of this obligation by the Buyer.
2.4 The Buyer may not enable a third person to use his user account.
2.5 The Buyer understands that the user account may not be accessible at all times, especially with a view to necessary maintenance.
3. Conclusion of a Purchase Agreement
3.1 The shop’s web interface contains a list of goods offered by the Vendor for sale, including the price of each item offered. The prices of the goods offered are stated inclusive of value-added tax and all related fees. The offer of the sale of goods and the prices of such goods remain valid as long as they are displayed on the shop’s web interface. This provision in no way limits the possibility of the Vendor to enter into a purchase agreement subject to individually agreed terms. No offers for the sale of goods placed on the shop’s web interface are binding and the Vendor is not obliged to enter into a purchase agreement with respect to any of those goods.
3.2 The shop’s web interface also features information about the costs of the packaging and delivery of the goods. Information about packaging and delivery costs stated on the shop’s web interface and during the checkout process.
3.3 When ordering goods, the Buyer places the goods in his electronic shopping basket on the shop’s web interface. A shopping basket preview features primarily information about:
a) The goods ordered;
b) The method of paying the purchase price of the goods; and
c) Information about any costs related to the delivery of the goods (hereinafter jointly referred to as “Order”).
3.4 Prior to submitting an order to the Vendor, the Buyer may check and change the information entered in the order by the Buyer, including with a view to enabling the Buyer to discover and remedy any errors made when entering order data. The Buyer submits the order to the Vendor by clicking on the “Confirm Order” button. The Vendor shall consider the information stated in an order to be correct. Without delay after receiving an order, the Vendor shall confirm its receipt to the Buyer by electronic mail sent to the Buyer’s electronic mail address stated in the user interface or in the order (hereinafter referred to as “Buyer’s electronic address”).
3.5 The Vendor shall always be entitled, depending on the nature of the order (volume of goods, purchase price amount, expected transport costs), to ask the Buyer to confirm the order again.
3.6 A binding offer for setting up a purchase agreement and for completing the order process is generated by clicking on the “Buy” button. The customer then receives an automatic confirmation of order receipt by e-mail (“Order Confirmation). This order confirmation does not constitute acceptance of the order, it only informs the customer that his order has been received by Sneakers & Co. s.r.o. The agreement with Sneakers & Co. s.r.o. is only concluded once Sneakers & Co. s.r.o. accepts the customer’s offer by sending him the products ordered, and once it confirms that dispatch by a second e-mail (“Dispatch Confirmation”).
3.7 The Buyer understands that the Vendor is not obliged to enter into the purchase agreement, in particular with persons who have previously breached a purchase agreement (including the Business Terms and Conditions) in a material way.
3.8 The Buyer consents to the use of remote means of communication in the conclusion of a purchase agreement. Any costs arising for the Buyer from the use of remote means of communication in connection with the conclusion of the purchase agreement (the costs of an Internet connection, costs of telephone calls) shall be borne by the Buyer himself.
4. Prices and Payment Conditions
4.1 The Buyer may pay the price of the goods and any costs related to the delivery of the goods pursuant to the purchase agreement by the following means:
By a cashless transfer to the Vendor’s account No. IBAN: DE69700400410662067800, SWIFT: COBADEFF700, maintained by Commerzbank AG (hereinafter referred to as “Vendor’s account”); by a cashless transfer using the Paypal payment system; cash on delivery at a point designated by the Buyer in his order.
4.2 Together with the purchase price, the Buyer shall also pay to the Vendor any costs related to the packaging and delivery of the goods. Unless expressly stated otherwise, the term purchase price used henceforth shall include the costs related to the delivery of the goods.
4.3 In the event of a cash payment or cash on delivery, the purchase price shall be payable upon the acceptance of the goods. In the case of a cashless payment, the purchase price shall be payable within 11 days of the conclusion of the purchase agreement.
4.4 In the event of a cashless payment, the Buyer shall pay the purchase price of the goods stating the payment variable symbol (invoice number). In the event of a cashless payment, the Buyer’s obligation to pay the purchase price is met once the appropriate amount is credited to the Vendor’s account.
4.5 The Vendor may, in particular in the event of the absence of sufficient order confirmation by the Buyer (Article 3.5), demand the payment of the entire purchase price prior to the dispatch of the goods to the Buyer.
4.6 If it is customary in business relations or if it is stipulated by law, the Vendor shall issue a tax document – invoice for the Buyer for the payment made on the basis of a purchase agreement. The Vendor is a value-added tax payer. The vendor shall issue the tax document – invoice for the Buyer and send it electronically to the Buyer’s electronic address or in paper form enclosed with the goods.
4.7 The Buyer shall acquire ownership of the goods upon the payment of the purchase price of the goods in full.
5. Withdrawal from the Purchase Agreement
5.1 The Buyer understands that pursuant to Section 53 (8) of Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), it is not, among other instances, possible to withdraw from a purchase agreement for the delivery of goods that have been custom-adapted to the wishes of the Buyer or of goods that spoil quickly or are subject to wear and tear or to becoming obsolete, from a purchase agreement for the delivery of audio and video recordings and computer programs if the consumer has broken their original packaging, and from a purchase agreement for the delivery of newspapers, periodicals, and magazines.
5.2 In cases other than those stated in Article 5.1 or other than cases when withdrawal from the purchase agreement is impossible, the Buyer shall be entitled to withdraw from the purchase agreement in line with Section 53 (7) of the Civil Code within fourteen (14) days of the day on which he accepted the goods. Withdrawal from the purchase agreement must be demonstrably delivered to the Vendor within fourteen (14) days of the day on which the Buyer accepted the goods, to the Vendor’s electronic mail address - [email protected] The goods must be sent by the Buyer to OG Logistik UG, - SNEAK-A-VENUE -, Landsbergerstr.183, 80687 Munich, Germany.
5.3 In the event of withdrawal from the Agreement pursuant to Article 5.2 of the Business Terms and Conditions, the purchase agreement shall be cancelled ex tunc. The goods must be returned to the Vendor within 5 business days of the sending of the withdrawal notice to the Vendor. The goods must be returned to the Vendor undamaged and unworn, and, if possible, in their original packaging.
5.4 Within fourteen (14) days of the return of the goods by the Buyer in line with Article 5.3 of the Business Terms and Conditions, the Vendor may examine the returned goods, in particular in order to find out whether the goods are not damaged, worn, or partially consumed.
5.5 In the event of a withdrawal from the Agreement under Article 5.2 of the Business Terms and Conditions, the Vendor shall refund the purchase price (minus any costs of the delivery of the goods) to the Buyer within ten (10) days of the end of the period for the examination of the goods stipulated in Article 5.4 of the Business Terms and conditions, but no later than within fourteen (14) days of the delivery of the withdrawal from the purchase agreement to the Buyer, by cashless transfer to an account specified by the Buyer.
5.6 The Buyer understands that if the goods returned by him are damaged, worn, or partially consumed, the Seller shall be entitled to compensation of damages incurred by it. The Vendor may unilaterally set off its right to damages against the Buyer’s right to purchase price refund. Similarly, the Vendor may unilaterally set off the contractual penalty calculated pursuant to Article 5.3 of the Business Terms and Conditions against the Buyer’s right to purchase price refund.
5.7 If a gift is provided to the Buyer together with the goods, the gift agreement between the Vendor and the Buyer is concluded with the condition subsequent that in the event of a withdrawal from the purchase agreement by the consumer, the gift agreement pertaining to such a gift shall no longer be effective and the Buyer shall return the gift provided to him together with the goods he is returning.
6. Delivery Conditions
6.1 The delivery method shall be determined by the Vendor unless the purchase agreement stipulates otherwise. Should the transport method be arranged on the basis of the Buyer’s request, the Buyer shall bear the risk and any additional costs related to that mode of transport.
6.2 If the Vendor is, pursuant to the purchase agreement, obliged to deliver goods to a place designated by the Buyer in his order, the Buyer shall accept the goods upon their delivery. Should the Buyer fail to accept the goods upon delivery, the Vendor may withdraw from the purchase agreement.
6.3 If repeated attempts at delivery are required or if the goods must be delivered by a method other than that stated in the order for reasons on the Buyer’s part, the Buyer shall cover the costs related to repeated delivery attempts or the costs of an alternative method of delivery.
6.4 When accepting the goods from the carrier, the Buyer shall check the integrity of the packaging and shall immediately report any defects to the carrier. If a break in the packaging is discovered that evidences unauthorised intervention in the shipment, the Buyer is not obliged to accept the shipment from the carrier. By signing the delivery document, the Buyer confirms that the shipment of the goods complies with all of the conditions and requirements and any subsequent claims as to the packaging being broken shall be disregarded.
7. Warranty Conditions
7.1 The rights and obligations of the contractual parties as concerns the Vendor’s product liability, including the Vendor’s warranty liability, shall be governed by applicable generally binding regulations (in particular, the provisions of Section 612 and ff of the Civil Code).
7.2 The Vendor shall be liable to the Buyer for the goods sold being in line with the purchase agreement, in particular, that they are free of defects. Being in line with the purchase agreement means that the goods sold have the qualities and user properties required in the agreement, described by the Vendor, manufacturer, or its representative, or expected on the basis of the advertising featured, or that they have the qualities and user properties customary for such a type of goods, and that they are compliant with legal requirements, that they are in the appropriate amount, extent, or weight, and that they are fit for the purpose that the Vendor states as the intended use of the goods or for which the goods are usually used.
7.3 If goods are not compliant with the purchase agreement at the time of their acceptance by the Buyer (hereinafter referred to as “Discrepancy with the Purchase Agreement”), the Buyer is entitled to have the Vendor put the goods into a condition compliant with the purchase agreement free of charge and without undue delay, either by replacing the goods or repairing them, at the Buyer’s choice. If this is not possible, the Buyer may demand an appropriate discount from the price of the goods or may withdraw from the agreement. This shall not apply if the Buyer knew about the discrepancy with the purchase agreement prior to accepting the goods or the discrepancy with the purchase agreement was caused by the Buyer himself. A discrepancy with the purchase agreement that becomes manifest within six (6) months of the day on which the goods were accepted shall be deemed to constitute a discrepancy that existed prior to the acceptance of the goods, unless it is contrary to the nature of the goods or unless the contrary is proven.
7.4 Unless the goods are subject to rapid spoilage or are used goods, the Vendor shall be liable for any defects that appear as a discrepancy with the purchase agreement following the acceptance of the goods, throughout the warranty period.
7.5 The Buyer’s rights arising from the Vendor’s product liability, including the Vendor’s warranty liability, shall be claimed by the Buyer from the Vendor at the addresses of its outlets specified in the Vendor’s Claims Rules. The time when a claim is lodged shall mean the time when the Vendor receives the goods that are the subject of the claim from the Buyer.
8. Delivery of Notifications
8.1 Unless otherwise agreed, all correspondence related to a purchase agreement shall be delivered to the other contractual party in writing, by electronic post, in person, or by registered mail through a postage service operator (of the sender’s choice). Mailings to be delivered to the Buyer shall be delivered to his electronic mail address stated in his user account.
8.2 A message has been delivered:
a) In the case of delivery by electronic mail – once it is accepted by the incoming mail server; the integrity of messages sent by electronic mail may be secured with a certificate;
b) In the case of personal delivery or delivery through a postal service operator – upon acceptance of the mailing by the addressee;
c) In the case of personal delivery or delivery through a postal service operator – also upon refusal of the mailing if the addressee (or a person entitled to accept the mailing on his behalf) refuses delivery of the mailing;
d) In the case of delivery through a postal service operator – upon the expiration of a period of ten (10) days from the day on which the mailing was deposited and the addressee given a notice asking him to collect the deposited mailing, if the mailing is deposited with the postal service operator, even if the addressee never found out about it being deposited.
9. Protection of Personal Data and Information
9.1 The Vendor declares that all personal information is confidential and will only be used for the performance of the agreement concluded with the Buyer and for the Vendor’s marketing purposes (including marketing by the Vendor’s contractual partners) and will not be disclosed in any way, provided to a third person, etc., with the exception of a situation related to distribution or payments related to the goods ordered (provision of the name and delivery address) and of special marketing promos. The Vendor shall proceed such that the rights of the subject of the information not be harmed, in particular the right to human dignity, and shall ensure that the subject of the information is protected against unauthorised intervention in his private and personal life.
9.2 The personal information voluntarily provided by the Buyer to the Vendor for the purpose of the delivery of the order and for the Vendor’s marketing shall be collected, processed, and retained in line with applicable laws of the Czech Republic, in particular Act No. 101/2000 Coll., on the protection of personal information, as amended. The Buyer hereby grants the Vendor his consent with the collection and processing of that personal information for the purpose of the fulfilment of the subject of the purchase agreement and for the Vendor’s marketing use (in particular, for sending business communications) until such time as he expresses his disagreement with such processing in writing by a notice sent electronically to [email protected]
9.3 The Buyer may access his personal information and shall be entitled to have it corrected, to demand an explanation, and to have any faults corrected, and enjoys other statutory rights to that information.
9.5 The Buyer agrees to being sent information related to the Vendor’s goods, services, or company to his electronic address and also agrees to being sent the Vendor’s business communications to his electronic address.
10. Concluding Provisions
10.1 Should the relationship related with the use of the website or the relationship established by a purchase agreement contain an international (foreign) element, the parties hereby agree that the relationship shall be governed by the laws of the Czech Republic. This shall not prejudice consumer rights arising from generally binding legislation.
10.2 The Buyer understands that the programs used and other components that constitute the shop’s web interface (including photographs of the goods) are protected by copyright.
10.3 When using the shop’s web interface, the Buyer shall not use any mechanism, programs, or other procedures that may have an adverse impact on the operation of the shop’s web interface.
10.4 The Buyer understands that the Vendor is not liable for any errors arising due to third-person interventions in the website or due to the website being used in violation of its purpose.
10.5 Should any of the provisions of these Business Terms and Conditions be or become invalid or ineffective, the invalid provision shall be replaced with a provision the meaning of which is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not prejudice the validity of any other provisions. Any changes and amendments of the purchase agreement or the Business Terms and Conditions require a written form.
10.6 These General Business Terms and Conditions, including all parts thereof, shall be valid and effective from 14 February 2014 and shall supersede previous versions of GBTC and any parts thereof.
10.7 The Vendor’s contact details: mailing address OG Logistik UG, Landsbergerstr.183, 80687 Munich, Germany or Lipenská 1000, 149 00 Prague 4, electronic mail address [email protected], telephone +49 (0) 89 520 112 23.
Prague, on this day 14 February 2014