TERMS AND CONDITIONS
trading company Petra Jelenová
with its registered office at Želivského 1346/7, Havířov, 736 08 Czech Republic
identification number: 87410001
for the sale of goods via an on-line store located at https://www.sneakers4you.eu/
1. 1. INTRODUCTORY PROVISIONS
1.1.These Business Terms and Conditions (hereinafter referred to as "Business Terms and Conditions") Self-employed person Petra Jelenová, registered office at Želivského 1346/7, Havířov, 736 08, Czech Republic, identification number: 87410001 (hereinafter referred to as "Seller"), in accordance with Section 1751 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”) mutual rights and obligations of the contractual parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another physical entity person (hereinafter referred to as the "Buyer") through the Seller's online store. The e-shop is operated by the seller on a website located at Želivského 1346/7, Havířov, 736 08; (hereinafter referred to as the "Website") via the Website Interface (hereinafter referred to as "the Website").
1.2. These Terms and Conditions regulate differently the rights and obligations for buyers who act in the relations with the seller as the consumer buyer (hereinafter referred to as the "consumer buyer"), when the consumer buyer is defined in §52 para. 40/1964 Coll. and, differently, for natural or legal persons doing business under the Trade Licensing Act or another special law or state institution and organization (hereinafter referred to as the "entrepreneur of the entrepreneur"), acting in their business or other business activities, where the different rights and obligations of both Buyers are regulated and distinguished below as "Buyer Consumer" rights and obligations and "Buyer Buyer" rights and obligations. If these terms and conditions govern certain rights jointly and jointly for both the consumer and the buyer, both the buyer and the buyer are the same as "buyer". The legal relations between the seller and the consumer buyer are governed by the following terms and conditions and, furthermore, by these terms and conditions not regulated by Act no. 40/1964 Coll. (hereinafter referred to as "O.z."), Ref. 634/1992 Sb. on Consumer Protection as well as regulations regulating relations between the seller and the buyer.
The legal relations between the Seller and the Buyer Entrepreneur are governed by the following Terms and Conditions and, furthermore, by these Terms and Conditions not specified in the Act no. 513/1991 Coll. (hereinafter referred to as the “Commercial Code”) and the relevant legal regulations governing the relations between the Seller and the Buyer Entrepreneur. Acceptance of goods by the buyer from the seller as well as a binding order confirmed
the Seller shall apply as a recognition and conclusion of the Purchase Agreement under these Terms and Conditions and the Buyer agrees with the Terms and Conditions as of the moment of placing the binding order and is bound by them at the moment of conclusion of the Purchase Contract.

1.3. Provisions deviating from the Terms and Conditions can be agreed in the purchase contract. Different arrangements in the Purchase Agreement take precedence over the terms and conditions of the Terms and Conditions.

1.4. Terms and conditions of business are an integral part of the purchase contract. The purchase contract and terms and conditions are written in the Czech language. The purchase contract can be concluded in the Czech language.

1.5. The Terms and Conditions may be amended or supplemented by the Seller. This provision shall not affect the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.

2. USER ACCOUNT

2.1. Upon registration of the buyer on the website, the buyer can access their user interface. From its user interface, the buyer may order goods (hereinafter referred to as "user account"). In case the web interface of the shop allows it, the buyer can also order goods without registration directly from the web interface of the shop.

2.2. When registering on the website and when ordering goods, the buyer is obliged to provide correct and true information. The Buyer is obliged to update the data stated in the User Account in any change. The information given by the buyer in the user account and when ordering goods is considered by the seller to be correct.

2.3. User account access is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

2.4. The Buyer is not entitled to allow third parties to use the User Account.

2.5. Seller may cancel a user account, especially if the buyer of his user account for more than 1 year; is not used, or when the buyer breaches its obligations under the purchase contract (including terms and conditions).

    1. Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software vendor, or. necessary maintenance of hardware and software of third parties.

  1. CLOSING THE PURCHASE AGREEMENT
    3.1. All presentation of goods placed in the web interface of the shop is of informative nature and the seller is not obliged to conclude a purchase contract regarding this goods. Section 1732 (2) of the Civil Code does not apply.
    3.2. All these goods are shared from a foreign server and then conveyed to clients. (as a service to transport and deliver goods from foreign servers)
    3.2. The web interface of the store contains information about the goods, including the indication of the prices of individual goods and the cost of returning the goods if, by their very nature, they cannot be returned by the usual postal route. The prices of the goods include VAT and all related charges. Prices of goods remain in effect as long as they are displayed in the store's web interface. This provision does not limit the seller's ability to conclude a purchase agreement under individually agreed conditions.
    3.3. The store web interface also contains information about the costs associated with packaging and delivery of the goods. Information about the costs associated with packaging and delivery of the goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.
    3.4. To order the goods, the buyer fills in the order form in the web interface of the shop. In particular, the order form contains information about:
    3.4.1. ordered goods (the buyer inserts the ordered goods into the electronic shopping cart of the web interface of the shop),
    3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
    3.4.3. information on the cost of delivering the goods (hereinafter referred to as "Order").

    3.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order by the buyer, even with regard to the possibility of the buyer to detect and correct errors in entering data into the order. The buyer sends the order by clicking on the "SEND" button. The data listed in the order they are deemed correct by the seller. Seller immediately upon receipt of the order confirms this receipt to the buyer by e-mail, to the e-mail address of the buyer specified in the user account or order (hereinafter referred to as "electronic address of the buyer").

3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example in writing or by phone).

3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the order acceptance (acceptance) sent to the Buyer by e-mail to the Buyer's e-mail address.

3.8. The buyer agrees to use the means of distance communication to conclude the purchase contract. The costs incurred by the buyer when using the means of distance communication in connection with the conclusion of the purchase contract (the cost of internet access, the cost of telephone calls) are paid by the buyer, and these costs do not differ from the base rate.

3.9. The Provider does not sell the goods, nor is he an importer and supplier within the meaning of the Act on Consumer Protection. The Provider only orders the goods from the Seller and on behalf of the Customers for the remuneration on behalf of the Customers and on their behalf and pays the Seller the purchase price on their behalf. We provide a mediation service between a buyer and a foreign supplier or servers. We are not responsible for the quality and originality of the goods.

3.10. The Provider provides the Customer with a service consisting of representing customers in ordering goods and paying their purchase price (hereinafter referred to as "Products"), which comes from abroad, which the customer chooses from a virtual offer placed on our eshop which is shared from foreign servers.

3.11. For the purposes of these Terms and Conditions, the Price means the amount indicated for each item that represents the sum of the purchase price of the Goods, shipping and other charges associated with the Ordering and Delivery, and the Service Provider's remuneration. The price thus includes the purchase price of the goods (including delivery costs) and the provider's remuneration for its services.

    1. When paying, you unequivocally agree to these rules and undertake to fulfill them.

  1. PRICE OF GOODS AND PAYMENT CONDITIONS, DELIVERY OF GOODS
    4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer to the seller in the following ways:
    by bank transfer to the account of the seller, by credit card; always in advance.
    4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods at the agreed amount. Unless expressly stated otherwise, the purchase price is also understood to include the costs associated with the delivery of the goods.
    4.3. The Seller does not require the Buyer to make a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Business Terms and Conditions regarding the obligation to pay the purchase price in advance.
    4.4. In the case of cashless payment, the purchase price is payable within 3 days of the conclusion of the purchase contract.
    4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.
    4.6. The Seller is entitled, in particular if the Buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the Buyer. Section 2119 (1) of the Civil Code does not apply.
    4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
    4.8. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice for the payments made on the basis of the purchase contract - to the Buyer's email address or in the user account interface on the eshop page.

    4.9. If the mode of transport is negotiated on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

    4.10 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.

    4.11 In the event that the goods must be delivered repeatedly or in any other way than stated in the order for reasons on the part of the buyer, the buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. costs associated with other means of delivery.

    4.12 Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and to notify the carrier immediately in case of any defects. In the event of a breach of the packaging proving the unauthorized entry into the consignment, the Buyer does not have to take over the consignment from the carrier.

    4.13 Other rights and obligations of the parties in the transport of goods may be modified by the special delivery conditions of the Seller if issued by the Seller.

    4.14 The Buyer is also obliged to inform about the delivery of his carrier (Czech Post) whether he has not stored the consignment on a targeted mail if the Buyer has not been reached at the given address. We shall not be liable for any subsequent error on the part of the Buyer or the Czech Post Office when the shipment is returned after 14 days. By doing so, it is acknowledged that, on our part, the shipment has been successfully delivered and the buyer is therefore not entitled to resend and refund the goods!

    4.15 The official delivery time is determined by the seller abroad, from which the goods are ordered and subsequently delivered. This period may be dependent on delay due to customs control points 5.1 and 5.2 as well as the involvement of another carrier point. Another carrier is also an international company that has a contract of carriage with the supplier and their individual terms of delivery and management and process. However, the official delivery guarantee period is 120 business days, which can be adjusted depending on shipping or other delay issues.

    4.16 The vast majority of shipments will be sent as registered (posting number) and will be, can be tracked. If there is a problem with delivery, it is the buyer's responsibility to notify the broker within 30 days of sending. After this deadline, the delivery claim is no longer possible and the 30th day after dispatch is considered the goods delivered successfully.

  1. Customs clearance:
    Unless otherwise stated, by purchasing, you become an importer from outside the EU. Shipments up to 150 EURO are exempt from CLA and shipments up to 22 EURO are exempt from VAT. If the order value is higher, the relevant fee may be charged by the Customs Office. In such a case, you will be reminded of the delivery of the consignment from abroad with proof of customs clearance. Send "stock and shipping number" by e-mail, as indicated in the documents, and you will immediately receive information about the procedure. Everything will be handled and the package released and handed over to the post office for delivery. In this case, the cost of handling customs and other charges associated with the delivery of goods from abroad is at the buyer = YOU. If the Buyer fails to do so, the situation must be resolved in person, without any claim from the Buyer.
    5.2.We shall not be liable for any delay caused by the Buyer and other related charges. The buyer is obliged to submit the documents for the customs administration always (alone or with our help). If the buyer fails to do so within 20 days, the customs administration will return the unbroken package back to the sender abroad and no refund is possible! The standard time of deposit at customs is 20 days.
    5.3. The problem is best to contact us to help resolve the clearance declaration.

    WITHDRAWAL FROM THE PURCHASE CONTRACT
    The Buyer acknowledges that it is a purchase mediation service on a foreign portal. The goods ordered by the customer are ordered from the supplier immediately after payment of the order. For this reason, it is possible to cancel the already paid order before it is delivered only after agreement with the seller and only on the day the payment was received. The supplier sends the paid orders to the buyer's address immediately after receipt of the payment and therefore cancellation is not possible.
      Since we are only intermediaries, it is not possible to withdraw from the purchase contract.

  2. Rights of defective performance

    The Seller is liable to the Buyer that the goods have no defects upon receipt. In particular, the seller is liable to the buyer that at the time the goods were taken over by the buyer:

    6.1.1. the goods have properties that the parties have agreed, and if the agreement is missing, it has properties that the seller or manufacturer has described or which the buyer has expected with regard to the nature of the goods and the advertising they perform,

    6.1.2. the goods are fit for the purpose stated by the seller or for which goods of this kind are usually used,

    6.1.3. the goods correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template,

    7.1.4. the goods are in the appropriate quantity, measure or weight;

    7.1.5 the goods comply with the requirements of the legislation.

    6.2. If a defect occurs within six months of receipt, the goods are deemed to have been defective upon receipt.

    6.3. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure. See section 9.1

    6.4. In case of complaint, first inform us by e-mail at info@sneakers4you.eu what is the problem with the goods, send pictures of goods or its defects, after that we will give you the address for sending the goods. Upon receipt of the goods, it will be checked whether the goods are in order and whether the claim is justified. If the complaint points are met, see. Point 7 (Seller's Complaints Procedure and Withdrawal from the Contract) will be transferred to your account number within 60 business days. The postage and handling costs of customs and other charges related to the delivery of goods from abroad are not refunded in this case. A complaint is merely a substitution of the size or color of the goods. It is not possible to withdraw and acknowledge the claim in case of mechanical damage, intentional damage caused by improper use and other than confusion of the size or color of the goods. All expenses related to the claim are paid by the buyer.

  3. the Seller's Complaint Rules and withdrawal from the contract
    7.1.The claim is accepted if the following points are met:
    7.2. Assessment of damage to goods and their recognition by the seller from abroad, subsequently securing an agreement between the seller from abroad and the buyer.
    7. 3. Replacing the size or color of the goods
    7. 4. In case of cancellation prior to shipment, a handling fee of CZK 200 / EUR 8 is charged.

  4. OTHER PROVISIONS
    8.1 Claims for liability for damage caused by a product defect may be claimed by the Supplier, not by the Provider.
    8.2 Czech manuals are not supplied with products as standard, as suppliers are based in China, Hong Kong or Singapore. However, the Provider tries to accommodate the Purchasers to the maximum extent and sends the Czech manuals to the complicated products in electronic form, if available. If the instructions are not available, the Provider undertakes to provide the Buyer with such advice through Customer Service in order to use the Product without any problems.
    8.3 The Provider undertakes to resolve any losses or damage to shipments with the goods from the Supplier to the Buyer in favor of the Buyer so that he does not incur any damage resulting from this event.
    8.4 The Provider shall not be liable for damage caused by improper handling of the goods.

  5. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

    9.1. The buyer acquires ownership of the goods by paying the entire purchase price of the goods.

    9.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826 (1) (a). e) of the Civil Code.

    9.3. Consumer complaints are handled by the seller via e-mail info@sneakers4you.eu; The Seller shall send the Buyer's complaint to the Buyer's e-mail address.

    9.4. The out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs. The on-line dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the sales contract.

    9.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is the contact point of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes on-line and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on consumer dispute resolution online).

    9.6. The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, to a limited extent, supervision over compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

    9.7. The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.

  6. PROTECTION OF PERSONAL DATA

    10.1. The protection of personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On Personal Data Protection, as amended.

    10.2. The buyer agrees to the processing of his / her personal data: first name and surname, home address, identification number, tax identification number, e-mail address, telephone number; (hereinafter collectively referred to as "personal data").

    10.3. The Buyer agrees with the processing of personal data by the Seller for the purpose of realization of rights and obligations under the Purchase Agreement and for the purpose of maintaining a user account. If the Buyer does not choose another option, he agrees to the processing of personal data by the Seller also for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety under this article is not a condition that would in itself make it impossible to conclude a purchase contract.

    10.4. The Buyer acknowledges that he / she is obliged to state his / her personal data (during registration, in his / her user account, when ordering from the web interface of the shop) correctly and that he / she is obliged to inform the Seller without undue delay about the change in his / her personal data.

    as processor. Except for persons transporting goods, personal data will not be passed on to third parties without the Buyer's prior consent.

    10.5. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in a printed form in a non-automated manner.

    10.6. The buyer confirms that the personal information provided is accurate and that he / she has been informed that it is a voluntary provision of personal data.

    10.7. In the event that the Buyer believes that the Seller or the Processor (Article 9.5) is processing his personal data, which is contrary to the protection of the Buyer's private and personal life or in violation of the law, especially if the personal data are inaccurate for the purpose of their processing, may:

    10.7.1. ask the seller or processor for explanation

    10.7.2. require the seller or processor to eliminate such a situation.

    10.8. If the buyer asks for information on the processing of their personal data, the seller is obliged to provide this information. The Seller has the right to request a reasonable reimbursement for providing the information according to the previous sentence not exceeding the costs necessary for providing the information.

    10.9 The protection of personal data of a buyer who is a natural person is provided by Act No. 101/2000 Coll., On Personal Data Protection, as amended.

    10.10 The buyer agrees to the processing of his / her personal data: first and last name, home address, identification number, tax identification number, e-mail address and telephone number (hereinafter collectively referred to as "personal data").

  7. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

    11.1. The Buyer agrees to receive information related to the goods, services or business of the Seller to the Buyer's email address and further agrees to receive commercial communications from the Seller to the Buyer's email address.

    11.2. Buyer agrees to store so-called cookies on his computer. In the event that the purchase on the website can be performed and the seller's obligations under the purchase contract, without the so-called cookies stored on the buyer's computer, the buyer may withdraw the consent under the previous sentence at any time.

    12. DELIVERY

    11.1. The Buyer may be delivered to the Buyer's e-mail address specified in the order or in his user account.

    13. FINAL PROVISIONS

    13.1. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to consumer rights arising from generally binding legal regulations.

    13.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision, a provision whose meaning to the invalid provision is as close as possible. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

    13.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

    13.4. Annex to the Business Terms and Conditions forms a model form for withdrawal from the purchase contract.

    13.5.Contact details of the seller: address for delivery Želivského 1346/7, Havířov, 736 08, e-mail address info@sneakers4you.eu, phone 732633981;

    13.6. The Internet portal is merely an intermediary in performing contacts between the buyer and the seller from abroad, is not in physical contact with the content. It merely provides transport and communication intermediaries between the buyer and the merchant from abroad or servers. We cannot guarantee the status of the goods and the contents of the package.

    In Havirov, 23.9. 2017