SNEACON s.r.o.

Company ID: 22170936

Na Zbytkách 83

738 01 Frýdek-Místek – Frýdek

 

(hereinafter referred to as the "Seller")
 

Contact data:

Company address: Na Zbytkách 83, 738 01 Staré Město

E-mail: info@sneaxters.com

 

 

1. INTRODUCTORY PROVISIONS

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1.1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") regulate, in accordance with Section 1751, par. 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the parties arising in connection with or based on a purchase contract (hereinafter referred to as "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as "Buyer") through the Seller's online store. The Seller operates the online shop through a website at www.sneaxters.com (hereinafter referred to as the "Website"), through a website interface (hereinafter referred to as "E-shop web interface").

1.2. The Terms and Conditions do not apply to cases where the person who intends to purchase the goods from the Seller is a legal entity or a person who acts in ordering goods in the course of their business or in the course of their independent practice of their profession.

1.3. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Contract. Divergent provisions in the Purchase Contract shall prevail over the Terms and Conditions.

1.4. These Terms and Conditions form an integral part to the Purchase Contract. The Purchase Contract and the Terms and Conditions are written in Czech. 

1.5. The Seller shall have the right change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising after the effective period of the previous version of the Terms and Conditions.

 

2. USER ACCOUNT

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2.1. Based on the Buyer's registration made on the website, the Buyer shall have the right to access their user interface. The Buyer shall order the goods from their user interface (hereinafter referred to as the "User Account"). The Buyer may order goods also without registration directly from the E-shop web interface.

2.2. When registering on the website and when ordering goods, the Buyer shall provide all information correctly and truthfully. The Buyer shall keep the data specified in the user account update upon any change thereto. The Seller shall deem the data specified by the Buyer in the user account and when ordering the goods to be correct.

2.3. Access to the user account is secured by a username and password. The Buyer shall maintain confidentiality regarding the information necessary to access their user account.

2.4. The Buyer shall not be entitled to enable a third party to use the user account.

2.5. The Seller shall be entitled to cancel the user account, and that particularly in the event that the Buyer has not used their user account for more than 2 years, or should the Buyer breach their duties arising from the Purchase Contract (including the Terms and Conditions).

2.6. The Buyer understands that the user account may not always be accessible, and that particularly with respect to the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of the third party’s hardware and software equipment.

 

3. CONCLUSION OF THE PURCHASE CONTRACT

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3.1. All presentations of the goods placed in the E-shop web interface are informative and the Seller shall not be obliged to conclude a Purchase Contract regarding the respective goods. The provisions of section 1732 par. 2 of the Civil Code shall not apply. 

3.2. The E-shop web interface contains information about the goods, including the prices of the individual goods, the costs associated with delivery and their return, if the goods by their nature cannot be returned by normal postal means. The goods prices listed include the value added tax and all related charges. The prices of the goods remain valid as long as they are displayed in the E-shop web interface. This provision does not limit the Buyer’s option to conclude a Purchase Contract under individually negotiated conditions.

3.3. The E-shop web interface shall also contain information on the costs associated with the goods packaging and delivery. The information on the costs associated with packaging and delivery of the goods listed in the E-shop web interface applies only where the goods are delivered within the territory of the Czech Republic.

3.4. To order the goods, the Buyer shall fill in the order form in the E-shop web interface. In particular, the order form contains the information about:

3.4.1. ordered goods (the Buyer shall add the ordered goods into an electronic shopping cart of the E-shop web interface),

3.4.2. method of payment of the purchase price, details of the desired delivery method of the ordered goods and

3.4.3. the information on the costs associated with the goods delivery (hereinafter collectively referred to as the "Order").

3.5. An order is legally an offer to conclude a Purchase Contract.

3.6. Before sending the Order to the Seller, the Buyer shall be allowed to check and modify the data entered into the Order by the Buyer, even with regard to the Buyer’s option to detect and correct errors occurred during data entry into the Order. The Buyer shall send the order to the Seller by clicking on the "Send order with payment obligation" button. The Seller shall deem the data specified in the Order to be correct. 

3.7. The Seller shall always be entitled, depending on the Order nature (quantity of goods, purchase price, estimated shipping costs), to ask the Buyer for additional Order confirmation (e.g. in writing).

3.8. Immediately upon receipt of the Order, the Seller shall send the Buyer a confirmation of receipt of the Order to the e-mail address provided by the Buyer when placing the order (hereinafter referred to as the "Buyer's Electronic Address"). This confirmation is automatic and shall not be deemed to constitute the conclusion of the Purchase Contract. The Purchase Contract shall be concluded only after the Seller has received the Order, by means of an e-mail informing the Buyer that they confirm the Order and prepare its dispatch.

3.9. The Buyer agrees to the use of remote means of communication in concluding the Purchase Contract. The costs incurred by the Buyer by using a means of distance communication in connection with concluding the Purchase Contract (the cost of Internet access, telephone costs) shall be borne by the Buyer, and these costs shall not differ from the standard rate.

3.10. Should there be an obvious error on the part of the Seller in stating the price of the goods in the online store or during the ordering process, the Seller shall not be obliged to deliver the goods to the Buyer for the obviously erroneous price, even if the Buyer has been sent an automatic confirmation of receipt of the Order in accordance with these Terms and Conditions. In such a case, the Seller shall notify the Buyer of the error without undue delay and send the Buyer an amended quotation to the Buyer's email address. The amended offer shall be deemed to be a new draft Purchase Contract and the Purchase Contract shall in such case be concluded by the Buyer's acknowledgment of receipt to the Seller's email address. An obvious error in price within the meaning of this paragraph shall be deemed to exist in particular in a situation where the price quoted differs unreasonably from the price at which the goods are offered by other sellers, or where there is a obviously missing or excessive figure in the quoted price.

 

4. PRICE AND PAYMENT TERMS

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4.1. The Buyer shall have the following options to pay the price of the goods and any costs associated with the goods delivery under the Purchase Contract to the Seller:

- in cash at the Seller's premises at the address of the Seller's branch specified at the introduction of the Terms and Conditions;

- cashless via Stripe payment gateway.

4.2. Along with the Purchase Price, the Buyer shall pay the costs associated with packaging and delivery of the goods at the agreed rate. Unless expressly stated otherwise, the Purchase Price includes the costs associated with the delivery of the goods.

4.3. The Seller shall not require a deposit (advance payment) or other similar payment from the Buyer. This is without prejudice to the provisions of Art. 4.6 of the Terms and Conditions concerning the obligation to pay the Purchase Price in advance.

4.4. For cash payments, the purchase price shall be payable upon receipt of the goods. In the case of non-cash payment, the Purchase Price shall payable within 14 days of the conclusion of the Purchase Contract.

4.6. The Seller shall be entitled to request the Buyer to cover the entire Purchase Price even prior to sending the goods to them. The provisions of section 2119 par. 1 of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined with each other, so only one discount can be applied at a time per purchase.

4.8. Should it be customary in the trade, or should it be so stipulated by generally binding legal regulations, the Seller shall issue a tax document (invoice) to the Buyer for the payments made under the Purchase Contract. The Seller is VAT registered. The Seller shall issue the tax document (invoice) to the Buyer after payment of the price of the goods and send it electronically to the Buyer's e-mail address.

 

5. PURCHASE CONTRACT TERMINATION

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5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, the Purchase Contract cannot be terminated, among other things:

5.1.1. for the delivery of goods manufactured to the Buyer's requirements or adapted to the Buyer's personal needs;

5.1.2. for the delivery of perishable or short-lived goods, as well as goods which, due to their nature, have been irretrievably mixed with other goods after delivery; 

5.1.3. for the delivery of goods in sealed packaging which, for health or hygiene reasons, are not suitable for return after the Buyer has broken the packaging;

5.1.4. for the delivery of an audio or video recording or computer program in sealed packaging if the Buyer has broken it.

5.2. Unless the case referred to in Article 5.1. or any other case where the Purchase Contract cannot be terminated, the Buyer shall be entitled, in accordance with the provisions of Section 1829 par. 1 of the Civil Code, to terminate the Purchase Contract within fourteen (14) days of the receipt of the goods, where in the case the Purchase Contract covers several types of goods or supplies of several portions, this period shall lapse from the date of receipt of the final delivery. The Purchase Contract termination notice must be sent to the Seller within the period mentioned in the previous sentence. For withdrawal from the Purchase Contract, the Buyer shall be allowed to use the electronic form provided by the Seller HERE. The Buyer shall be entitled to send the termination notice, inter alia, to the Seller's office address or the Seller's e-mail address info@sneaxters.com.

5.3. In case of withdrawal from the Purchase Contract according to Article 5.2. of the Terms and Conditions, the Purchase Contract shall be null and void from the beginning. The goods shall be returned within fourteen (14) days from the Purchase Contract termination. Should the Buyer terminate the Contract, the Buyer shall bear the cost of returning the goods to the Seller, even where the goods cannot be returned via usual mail due to their nature. 

5.4. In case of Contract termination pursuant to Art. 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days from the Contract termination by the Buyer, in the same way as the Seller received them from the Buyer. The Seller shall also be entitled to return the funds provided by the Buyer upon returning the goods by the Buyer or otherwise, providing the Buyer agrees with it and no additional costs incur to the Buyer. Should the Buyer terminate the Purchase Contract, the Seller shall not be obliged to return the received funds to the Buyer before the Buyer returns the goods or demonstrates that the goods have been sent to the Seller.

5.5. The Seller shall be entitled to unilaterally set off the claims for liquidated damages caused to the goods against the Buyer’s claim to refund the Purchase Price.

5.6. The Seller shall be entitled to terminate the Purchase Contract at any time until the Buyer has accepted delivered goods. In such a case, the Seller shall return to the Buyer the Purchase Price, without undue delay, via a bank transfer to an account designated by the Buyer.

5.7. Should a gift be provided to the Buyer along with goods, a gift contract shall be concluded between the Seller and the Buyer with a resolutive condition that if the Purchase Contract is terminated by the Buyer the gift contract regarding such a gift shall no longer be effective and the Buyer shall also return the provided gift along with the goods to the Seller.

5.8. The goods returned in case of the Purchase Contract termination by the Buyer must be returned without any signs of use or damage (the Buyer shall be entitled to test the goods).

 

6. GOODS TRANSPORT AND DELIVERY

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6.1. Should the transport method be negotiated based on a specific Buyer’s request, the Buyer shall bear the risk and any additional costs associated with the respective transport method.

6.2. Should the Seller be obliged under the Purchase Contract to deliver the goods to the location specified by the Buyer in the purchase order, the Buyer shall accept the goods upon delivery.

6.3. Should the goods need to be delivered repeatedly or in any other way than stated in the order for the reasons on the Buyer’s side, the Buyer shall to pay the costs associated with repeated goods delivery, or the costs associated with another delivery method.

6.4. The Buyer shall check the integrity of the goods packaging upon receiving the goods from the carrier, and immediately notify the carrier in case of any defects found out. Should a broken packaging be found out, indicative of intrusion into the shipment, the Buyer shall be entitled to refuse accepting the goods from the carrier.

6.5. Other rights and obligations of the parties in the goods transport can be governed by the Seller’s specific delivery conditions, if issued the Seller.

 

7. RIGHTS OF DEFECTIVE PERFORMANCE

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7.1. The Parties’ rights and obligations regarding defective performance are governed by generally binding regulations (in particular, the provisions of Sections 1914-1925, 2099-2117 and 2161 to 2174 of the Civil Code).

7.2. The Seller shall be liable to the Buyer that the goods are free from defects on receipt. In particular, the Seller shall be liable to the Buyer for the following at the time when the Buyer accepted the goods:

7.2.1. the goods shall have qualities that the Parties have agreed upon, and should an agreement not be made, the goods shall have the characteristics described by the Seller or the manufacturer, or expected by the Buyer given the nature of the goods and based on related advertising,

7.2.2. the goods shall be fit for the purpose which the Seller declares or for which the goods of the same type are normally used,

7.2.3. the goods shall match the agreed sample or template through their quality or design, if their quality or design have been specified in accordance with the agreed sample or template,

7.2.4. the goods shall be in the conforming quantity, measure or weight and

7.2.5. the goods shall comply with the legal requirements.

7.3. The Buyer shall not be entitled to any rights arising from defective performance if the Buyer caused the defect themselves. A defect is not wear and tear caused by normal use or, in the case of a used item, wear and tear corresponding to the extent of its previous use.

7.4. Should a defect show up within six months from the receipt, it shall be assumed that the goods were defective at the time of the receipt. The Buyer shall be entitled to exercise the right of defect that would occur in the goods during 24 months after the receipt.

7.5. The Buyer may exercise the rights of defective performance at the Seller's premises. The moment when the Seller receives the claimed goods from the Buyer shall be considered to be the moment of claim application.

7.6. Should the goods be defective, the Buyer shall have the right to demand the rectification, either by delivery of a new item without defect or by repairing the item, unless the chosen method of removal of the defect is impossible or unreasonably expensive compared to the second method. The Seller shall have the right to refuse to remove the defect if it is impossible or unreasonably expensive to do so, in particular having regard to the significance of the defect and the value that the goods would have had without the defect.

7.7. In order to remove the defect, the Seller shall take over the goods from the Buyer at their own expense and remove the defect within a reasonable time after it has been pointed out.

7.6. If:

7.8.1. the Seller refused to remove the defect in the goods or failed to remove it in accordance with its obligations set out in the Terms and Conditions or the Civil Code;

7.8.2. the defect in the goods appears repeatedly;

7.8.3. the defect is a material breach of contract; or

7.8.4. it is apparent from the Seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Buyer;

the Buyer shall be entitled, in lieu of remedying the defect, require a reasonable discount or termination of the Purchase Contract. The reasonable discount shall be determined as the difference between the value of the goods without defect and the defective goods received by the Buyer. However, if the defect is insignificant, the Buyer shall not be entitled to terminate the Purchase Contract.

7.10. Other Parties’ rights and obligations related to the Seller’s responsibility for defects may be governed by the Seller’s Claim Rules.

 

 

8. SPECIAL ARRANGEMENTS FOR CERTAIN TYPES OF GOODS 

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8.1. The goods marked as “used” on the Website are offered for sale as already used. In this case, the Buyer shall not have the right of defective performance consisting in the replacement of the defective goods and the Buyer shall only be entitled to a reasonable discount on the Purchase Price. The period during which the Buyer shall be entitled to exercise the right of defective performance shall herein be one year from receipt of the goods.

8.2. The goods marked on the Website as a "collector's item" must be returned to the Seller in the event of return by the Buyer, including all original accessories and parts with which the Buyer received them, excluding boxes, packaging, tags, etc.

8.3. The goods marked as "replacement box" on the Website are sold in a box other than the original manufacturer's box (delivered in the manufacturer's replacement box) and the Buyer shall acknowledge this by entering into the Purchase Contract.

8.4. In the case of goods for which pre-ordering is enabled on the Website, the Purchase Contract between the Buyer and the Seller shall be concluded with a release clause in the event that the Seller fails to deliver the goods within the agreed period of twenty-one (21) days. Should the Seller fail to do so within the period specified for the goods in question, the Purchase Contract shall be cancelled from the outset and the Seller shall refund to the Buyer the full Purchase Price paid by the Buyer within seven (7) days of the end of the agreed period.

 

9. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

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8.1. The title to the goods shall be transferred to the Buyer upon full payment of the Purchase Price of the goods.

8.2. The Seller shall handle the Buyer's complaints via electronic info@sneaxters.com. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's electronic address.

8.3. The Seller shall be authorised to sell the goods on the basis of a trade licence. The Trade Office shall carry out the trade control out under their authority. The Office for Personal Data Protection shall supervise the privacy. The Czech Trade Inspection performs, among others within the defined scope, the supervision over compliance with Act no. 634/1992 Coll., regarding consumer protection, as amended.

8.4. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 par. 2 of the Civil Code.

 

9. PRIVACY POLICY

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9.1. The protection of the personal data of the Buyer, who is a natural person, is provided by Act No. 110/2019 Coll., on the processing of personal data, as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation, also known as the GDPR (hereinafter referred to as "GDPR").

9.2. The Buyer consents to the processing of the following personal data: name and surname, home address, e-mail address and telephone number (hereinafter collectively referred to as "Personal Data").

9.3. The Buyer consents to the processing of Personal Data by the Seller for the purposes of exercising the rights and obligations under the Purchase Contract and for the purposes of maintaining the User Account. Should the Buyer not choose another option by ticking the TBA [P1] box, they agree with the processing of their personal data by the Seller also for the purpose of sending commercial messages and information to the Buyer. Consent to the processing of the personal data in its entirety under this Article is not a precondition which would in itself made it impossible to conclude a Purchase Contract.

9.4. The Buyer acknowledges that they are obliged to correctly and truthfully submit the personal data (for signing in/registration, on their user account, when ordering from the E-shop web interface) and without undue delay they shall inform the Seller about any change in their personal data.

9.5. The Seller shall have the right to delegate the processing of the Buyer's personal data to a third party as a processor. The Seller shall not pass the personal data without the Buyer's prior consent to third parties except for the persons transporting the goods.

9.6. The personal data shall be processed electronically in an automated manner or in printed form in a non-automated manner.

9.7. The Buyer hereby confirms that the personal data is accurate and that they have been advised that the personal data is provided voluntarily.

9.8. Should the Buyer believe the Seller or processor process their personal data at variance with the protection of the Buyer’s private and personal life or against the law, especially if the personal data is inaccurate for the processing purpose, the Buyer shall be entitled to:

9.8.1. ask the Seller or processor for explanation,

9.8.2. require the Seller or processor to rectify the situation.

9.9. Should the Buyer request information about the processing of their Personal Data, the Seller shall provide them with this information. The Seller shall be entitled to require reasonable compensation for the information pursuant to the preceding sentence, not exceeding the costs of providing the necessary information.

 

10. SENDING OF COMMERCIAL MESSAGES AND STORING COOKIES

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10.1. The Buyer agrees to receive the information related to the Seller’s goods, services or company to the Buyer's email address and further they agree to receive the Seller’s commercial communications to the Buyer's email address.

10.2. The Buyer agrees to the storage of so-called first party cookies on their computer. Should it be possible to make a purchase on the website and meet the Seller's obligations arising out of the Purchase Contract without saving cookies in the Buyer’s computer, the Buyer shall be entitled to revoke their consent under the preceding sentence at any time.

10.3. The Seller uses cookies on the website in order to improve the quality of services, personalize the offer and collect anonymous data for analytical purposes. By ticking the option "Accept all cookies", the Buyer agrees to the use of the above-mentioned technology. The Buyer may click on the "Cookies settings" option to narrow the scope of cookies according to their own choice. The Buyer hereby acknowledges that the Website may not work properly if all cookies are deactivated.

10.4. Changing the cookie settings always applies only to the respective browser. If the Buyer uses multiple browsers, they must change the settings in these browsers individually. 

 

11. DELIVERY

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11.1. The Buyer's email address may be used as a delivery address.

 

12. FINAL PROVISIONS

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12.1. If the relationship established by the Purchase Contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights resulting from generally binding legislation.

12.2. Should any provision of the Terms and Conditions be or come invalid or ineffective, it shall be replaced with a valid provision with the meaning closest to the said invalid provision. The invalidity or unenforceability of one provision is without prejudice to the validity of the other provisions. 

12.3. The Seller archives the Purchase Contract including the Terms and Conditions in the electronic form and it is not accessible.

12.4. A sample form for contract termination available HERE is attached to the Terms and Conditions.

12.5. According to the Sales Records Act, the Seller shall be obliged to issue a receipt to the Buyer. At the same time, the Seller shall register the received sales with the tax administrator online; in case of technical failure, then within 48 hours at the latest, if the taxpayer registers the sales in the normal mode at the given POS.

12.6. The Seller hereby informs the Buyer that the consumer may address an out-of-court complaint to the inspection body, which is the Czech Trade Inspection Authority (CTIA). The Czech Trade Inspection Authority shall handle out-of-court consumer complaints in the manner and under the conditions set out in the relevant legislation.
12.7. Furthermore, the Seller hereby informs the Buyer that if a dispute arises between the Buyer and the Seller under the Purchase Contract or the Service Contract which cannot be resolved by mutual agreement, the Buyer shall be entitled to submit a proposal for out-of-court settlement of such dispute to the designated body for out-of-court settlement of consumer disputes, which is:

 

Czech Trade Inspection Authority

Central Inspectorate - ADR Department

Štěpánská 44

110 00 Prague 1

Email: adr@coi.cz
Web: adr.coi.cz

 

 

These Terms and Conditions come into force on the date 30.11.2024