I.

 

Basic provision

 

These general terms and conditions (hereinafter referred to as "GTC") are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), which conclude and are valid and binding for the following parties:

 

 

Sneaker Corner s.r.o

 

ID number:  09403876

 

Registered office: Mečislavova 181/9, Nusle (Prague 4), 140 00 Prague

 

 

Registered in the commercial register

 

Contact information:

 

Email: sneakercornerprague@gmail.com

 

Phone: +420 774 070 747

 

Website: sneakercornerprague@gmail.com

 

Bank: Česka Spóritelna

 

Bank account: 5832098349/0800

 

 

(hereinafter referred to as the "Contractor")

 

 

 

I.

 

 

 

You, as a natural person, customer or client, who is the person who orders the service described by these websites and fills out the order form on our website and submits the order.

 

 

 

These terms and conditions regulate the mutual rights and obligations of the contractor and the client, i.e. the legal entity that concludes these GTC outside of its business activity as a consumer, or as part of its business activity, through the web interface located on the website available at the internet address https:/ /www.sneakercorner.cz (hereinafter the "online store").

These GTC are concluded with the parameters of the contract for work according to the provisions of § 2586 et seq. of the Civil Code. The provisions of these General Terms and Conditions are an integral part of the work contract. Deviating provisions in the work contract take precedence over the provisions of these GTC.

These terms and conditions and the contract for the work are concluded in the Czech language.

 

 

II.

 

Information about services, goods and their prices

 

Information about services and goods, including the prices of individual services and goods and their main features, are listed for individual services and goods in the catalog of the online store. The prices of services and goods are listed including value added tax, in case of return of the goods and all related fees and costs, if these goods cannot by their nature be returned by the usual postal route. The prices of services and goods remain valid for the period during which they are displayed in the online store. This provision does not exclude the negotiation of a work contract under individually agreed conditions.

All presentation of services and goods placed in the catalog of the online store is of an informative nature and the contractor is not obliged to enter into a work contract regarding these services.

Information about the costs associated with packaging and delivery of services and goods is published in the online store. Information on the costs associated with packaging and delivery of services and goods listed in the online store only applies in cases where the service or goods are delivered within the territory of the Czech Republic.

Any discounts on the price of services or goods cannot be combined with each other, unless the contractor agrees otherwise with the client.

The contractor undertakes to make the deliveries at his own expense and risk, in accordance with the client's instructions and under the conditions stipulated in the contract.

The contractor reserves the right to mention the work in his references.

The contractor is not responsible for any damage caused by publishing the work.

The contractor undertakes to use the documents provided by the client only for the purpose of completing the work.

The contractor is entitled to use the activities of third parties during the execution of the work without the client's consent, however, in the event of such performance, he bears the same responsibility as if he had carried out and performed it himself.

The client is obliged to provide the necessary cooperation during the creation of the work.

The client is responsible for the fact that the goods handed over by him intended for the execution of the work by the contractor are original and that the goods are not a non-original duplicate of the original.

The client is obliged to inform the contractor about the condition of the goods handed over by him, their properties, changes, custom modifications such as their own color, atypical intervention or handling of the goods, etc.

The client provides the goods to the contractor for the execution of the work by the contractor at his own expense and risk.

 

 

III.

 

Order and conclusion of contract for work

 

The costs incurred by the client when using remote communication means in connection with the conclusion of the work contract (costs of internet connection, costs of telephone calls) are covered by the client himself. These costs do not differ from the base rate.

The client orders goods in the following ways:

through your customer account, if you have previously registered in the online store,

by filling out the order form without registration.

When placing an order, the client selects the goods, the number of goods, the method of payment and delivery.

Before sending the order, the client is allowed to check and change the data he entered in the order. The client sends the order to the contractor by clicking the Order with payment obligation button. The data given in the order are considered correct by the contractor. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation by the client that he has become familiar with these terms and conditions.

Immediately after receiving the order, the contractor will send the client a confirmation of receipt of the order to the email address that the client entered when placing the order. This confirmation is automatic and does not constitute a contract. The current terms and conditions of the contractor are attached to the confirmation. The contract is concluded only after acceptance of the order by the contractor. Notification of order acceptance is delivered to the client's email address. In the event that the contractor cannot fulfill any of the requirements stated in the order, he will send the client an amended offer to his email address. The amended offer is considered a new contract proposal, and in such case the contract is concluded by the client's confirmation of acceptance of this offer by the contractor to his e-mail address specified in these general terms and conditions.

All orders accepted by the contractor are binding. The client can cancel the order until he is notified of the order acceptance by the contractor. The client can cancel the order by phone at the contractor's phone number or email listed in these general terms and conditions.

In the event that there was an obvious technical error on the part of the contractor when specifying the price of services or goods in the online store, or during the ordering process, the contractor is not obliged to deliver the service or goods to the client at this obviously incorrect price, even if the client was sent an automatic confirmation of receipt of the order according to these GTC. The contractor informs the client of the error without undue delay and sends the client an amended offer to his email address. The amended offer is considered a new contract proposal, and the contract is concluded in such a case by confirmation of acceptance by the client to the contractor's email address.

 

 

IV.

 

Customer's account

 

Based on the client's registration in the online store, the client can access his customer account. The client can order services or goods from his customer account. The client can also order a service or goods without registration.

When registering for a customer account and when ordering services or goods, the client is obliged to enter all data correctly and truthfully. The client is obliged to update the data in the user account in case of any change. The data provided by the client in the customer account and when ordering services or goods are considered correct by the contractor.

Access to the customer account is secured by a username and password. The client is obliged to maintain confidentiality regarding the information necessary to access his customer account. The contractor is not responsible for any misuse of the customer account by third parties.

The client is not authorized to allow the use of the customer account by third parties.

The contractor may cancel the user account, especially if the client no longer uses his user account, or if the client violates his obligations under the contract or these GTC.

The client acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the contractor's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

 

 

V.

 

Payment terms and delivery of services or goods

 

The price of services or goods and any costs associated with their delivery according to the work contract can be paid by the client in the following ways:

by non-cash transfer to the contractor's bank account no.: 5832098349/0800, held atCzech Savings Bank.

cash on delivery when handing over the work or goods,

in cash or by credit card when delivered in person by courier

Payment gateway for card payments

Along with the price, the client is obliged to pay the contractor the costs associated with the packaging and delivery of services or goods in the agreed amount. Unless expressly stated otherwise, the price also includes the costs associated with the delivery of services or goods.

In the case of payment in cash, the price is payable upon acceptance of the work or goods. In the case of non-cash payment, the price is payable within 14 days from the conclusion of the contract.

In the case of non-cash payment, the client's obligation to pay the price is fulfilled when the relevant amount is credited to the contractor's bank account.

The contractor does not require any advance payment or other similar payment from the client in advance. Payment of the price before dispatch of the work or goods is not a deposit.

According to the Sales Registration Act, the contractor is obliged to issue a receipt to the client. At the same time, he is obliged to register the received sales with the tax administrator online, in the event of a technical failure, then within 48 hours at the latest.

Services or goods are delivered to the client:

to the address specified by the client in the order

by personal collection at the contractor's premises

The choice of delivery method is made during the ordering of goods.

The costs of delivery of the completed work or goods, depending on the method of sending and receiving the completed work or goods, are indicated in the client's order and in the order confirmation by the contractor. If the mode of transport is contracted on the basis of a special request of the client, the client bears the risk and any additional costs associated with this mode of transport.

If, according to this contract, the contractor is obliged to deliver the finished work or goods to the place specified by the client in the order, the client is obliged to take over the finished work or goods upon delivery. If, for reasons on the part of the client, it is necessary to deliver the service or goods repeatedly or in a different way than was specified in the order, the client is obliged to pay the costs associated with the repeated delivery of the completed work or goods, or costs associated with another delivery method.

When taking over the completed work or goods from the transporter, the client is obliged to check the integrity of the packaging of the work or goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the client does not have to accept the shipment from the carrier.

The contractor issues a tax document to the client - an invoice or a receipt. The tax document is sent to the client's email address. The client acquires the ownership right to the manufactured part or goods by paying the full price for the services or goods, including delivery costs, but first by taking them over. Responsibility for accidental destruction, damage or loss of the work or goods passes to the client at the moment of acceptance of the completed work or goods or at the moment when the client had the obligation to take over the completed work or goods, but did not do so in violation of the contract.

 

 

 

VI.

 

Withdrawal from the contract

 

A client who concluded a contract outside of his business activity as a consumer has the right to withdraw from this contract.

The deadline for withdrawing from the contract is 14 days

from the date of acceptance of the work or goods,

from the date of acceptance of the last delivery of work or goods, if the subject of the contract is several types of services or goods or the delivery of several parts,

from the date of acceptance of the first delivery of the work or goods, if the subject of the contract is regular repeated delivery of the work or goods.

The client cannot, among other things, withdraw from the contract:

provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract and the contractor informed the client before concluding the contract that in such a case he does not have the right to withdraw from the contract,

on the delivery of services or goods, the price of which depends on fluctuations in the financial market independently of the will of the contractor and which may occur during the withdrawal period,

about the delivery of services or goods that have been modified according to the wishes of the client or for his person,

delivery of services or goods in closed packaging, which the client has removed from the packaging and for hygienic reasons it is not possible to return it,

in other cases specified in § 1837 of the Civil Code.

In order to comply with the withdrawal period, the client must send a withdrawal statement within the withdrawal period.

Withdrawal from the contract shall be sent by the client to the e-mail or delivery address of the contractor specified in these GTC. The contractor will immediately confirm its acceptance to the client.

The client who withdraws from the contract is obliged to return the work or goods to the contractor within 14 days of withdrawing from the contract. The client bears the costs associated with returning the service or goods to the contractor, even if the service or goods cannot be returned due to their nature by the usual postal route.

If the client withdraws from the contract, the contractor shall return to him without delay, but no later than 14 days from the withdrawal from the contract, all funds, including delivery costs, which he received from him, in the same manner. The contractor will return the money received to the client in another way only if the client agrees and if it does not incur additional costs.

If the client has chosen a method other than the cheapest method of delivery of services or goods offered by the contractor, the contractor will reimburse the client for the cost of delivery of services or goods in the amount corresponding to the cheapest method of delivery of goods offered.

If the client withdraws from the contract, the contractor is not obliged to return the received funds to the client before the client hands over the work or goods to him or proves that he has sent the work or goods to the contractor.

The client must return the work or goods to the contractor undamaged, unworn and unpolluted and, if possible, in the original packaging. The contractor is entitled to unilaterally offset the claim for compensation for damage caused to the work or goods against the client's claim for a refund.

The contractor is entitled to withdraw from the contract due to the stock being sold out or the service capacity being full, the unavailability of services or goods, or when the manufacturer, importer or supplier of the work or goods has stopped the production or importation of the work or goods. The contractor immediately informs the client via the email address specified in the order and returns within 14 days from the notification of withdrawal from the contract all funds, including delivery costs, which he received from him under the contract, in the same way, or in a way specified by the client.

 

 

VII.

 

Rights from defective performance

 

The contractor is responsible to the client that the services or goods are free of defects upon receipt. In particular, the contractor answers to the client that at the time the client took over the goods:

the work or goods have the properties agreed upon by the parties and, in the absence of an agreement, have such properties that the contractor or manufacturer has described or that the client expected with regard to the nature of the work or goods produced and on the basis of the advertising carried out by them,

the work or goods are suitable for the purpose for which the contractor indicates their use or for which the completed work or goods of this type are usually used,

the quality or execution of the manufactured work or goods corresponds to the contracted sample or prototype, if the quality or execution was determined according to the contracted sample or prototype,

is the work or goods in the corresponding quantity, measure or weight and

the work or goods comply with the requirements of legal regulations.

If a defect becomes apparent within 6 months of the client receiving the work or goods, it is considered that the work or goods were already defective upon receipt. The client is entitled to exercise the right from a defect that occurs in the consumer product or goods within twenty-four months of receipt. This provision does not apply to the work or goods of the contractor at a lower price to a defect for which a lower price was agreed, to wear and tear of the work or goods caused by its usual use, in the case of used work or goods to a defect corresponding to the degree of use or wear that the work or goods had upon acceptance by the client, or if this results from the nature of the work or goods.

In the event of a defect, the client can submit a claim to the contractor and demand:

rectification of the service or new creation of the work,

reasonable discount from the work.

The client has the right to withdraw from the contract,

if the work or goods have a substantial defect,

if he cannot use the item properly due to the repeated occurrence of a defect or defects after repair,

The contractor is obliged to accept the complaint at any establishment where the acceptance of the complaint is possible, possibly also at the registered office or place of business. The contractor is obliged to issue a written confirmation to the client of when the client exercised the right, what the content of the complaint is and what method of handling the complaint the client requires, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification rejection of the complaint.

The contractor or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be handled without delay, no later than 30 days from the date of application of the complaint, unless the contractor and the client agree on a longer period. The futile expiration of this period is considered a material breach of the contract and the client has the right to withdraw from the purchase contract. The moment of application of the complaint is considered to be the moment when the client's will is manifested (invoking the right from defective performance) by the contractor.

The contractor informs the client in writing about the outcome of the complaint.

The right of defective performance does not belong to the client if the client knew before taking over the item that the item had a defect, or if the client himself caused the defect.

In the case of a justified complaint, the client has the right to compensation for the purposefully incurred costs incurred in connection with the application of the complaint. The client can exercise this right with the contractor within a period of one month after the expiry of the warranty period.

The client has the choice of the complaint method.

The rights and obligations of the contracting parties regarding rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.

 

 

VIII.

 

Delivery

 

The contracting parties may deliver all written correspondence to each other via electronic mail.

The client delivers correspondence to the contractor to the email address specified in these GTC. The contractor delivers correspondence to the client to the email address specified in his customer account or in the order.

 

 

IX

 

Out-of-court dispute resolution

 

Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the contractor and the client from the contract.

The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz is the contact point according to the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of 21 of May 2013 on the resolution of consumer disputes online and on the amendment of Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on the resolution of online consumer disputes).

The contractor is authorized to operate services and sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. Among other things, the Czech Trade Inspection supervises compliance with Act No. 634/1992 Coll., on consumer protection, within a defined scope.

 

 

X.

 

Final Provisions

 

All arrangements between the contractor and the client are governed by the legal order of the Czech Republic. If the relationship established by the contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights arising from generally binding legal regulations.

The contractor is the owner of the property right and know-how according to the copyright law for the work, procedural procedures and other required details intended to be fulfilled according to these GTC.

In relation to the client, the contractor is not bound by any codes of conduct within the meaning of § 1826 paragraph 1 letter e) of the Civil Code.

All rights to the contractor's website, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the contractor. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the contractor.

The contractor is not responsible for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the client must not use procedures that could have a negative effect on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components making up the online store and use the online store or its parts or software equipment in such a way that would be contrary to its purpose or purpose.

The client hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.

The work contract, including the General Terms and Conditions, are archived by the contractor in electronic form and are not accessible.

The contractor may change or supplement the wording of the General Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the General Terms and Conditions.

 

 

These GTC become valid and effective on 14. September 2022