Terms and conditions

//Terms and conditions
Terms and conditions 2019-09-16T14:48:58+02:00

Introductory provisions of business conditions

The Seller hereby modifies in accordance with Act no. 40/1964 Coll. Civil Code, Act No. 250/2007 Coll. on Consumer Protection and on the amendment of Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended, Act no. 102/2014 Z.z. on the protection of consumers in the sale of goods or provision of services on the basis of a distance or off-premises contract of the seller and amending and supplementing certain laws, these terms and conditions, valid for purchase on the e-shop https://www.sneakybrand.eu

The Terms and Conditions govern the rights and obligations of the parties in using the website of the Seller located at https://www.sneakybrand.eu for the conclusion (conclusion) of the purchase contract (hereinafter referred to as the “Website”) and other related legal relationships.

The Seller may amend the wording of the Terms and Conditions. Subsequent changes to the Terms and Conditions shall not affect the rights and obligations arising during the effective date of the previous Terms and Conditions.

1) Seller

The Seller means the operator of the portal (see the Operator), who is the operator of the e-shop, website https://www.sneakybrand.sk, which is the company AT Group, sro, with its registered office: Slávičie údolie 26, 811 02 Bratislava, IČO: 36 683 175, registered in the Commercial Register Bratislava I, Section: Sro, vl.č. 42613 / B.

2) Buyer

Buyer means a natural person – consumer. The consumer is a natural person who, when concluding and performing the contract, does not act within the scope of his business, employment or profession.

Contracts, which are concluded by the buyer, are governed in particular by Act no. 40/1964 Coll. By the Civil Code, as amended, Act No. 250/2007 Coll. on Consumer Protection and on the amendment of Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended, Act no. 102/2014 Z.z. on the protection of consumers in the sale of goods or provision of services under a distance or off-premises contract of the seller and amending and supplementing certain laws

3) Order, purchase contract

The proposal to conclude a purchase contract (offer) is the placement of goods by the seller at https://www.sneakybrand.sk, unless otherwise stated, the purchase contract is sent by the buyer – consumer and the order is accepted by the seller. The Seller shall confirm this receipt without undue delay to the Buyer by an informative e-mail. The resulting contract (including the agreed price) can only be changed or canceled by agreement of the parties or on legal grounds. In addition, the Seller reserves the right to cancel an order or purchase agreement based on an agreement with the Buyer in cases where a manifest technical error shows the price, size or characteristics of the goods quite obviously and there is a gross disproportion between each other. If the buyer has already paid part or the total purchase price, this amount will be transferred back to his account without undue delay or remitted to the address stated by him, thus the purchase contract expires.

4) Goods

Goods are goods that are offered by the seller through the e-shop for sale, especially shoes care products. The website contains a list of goods offered for sale. The price is valid for as long as it is published.

5) Withdrawal from the contract

Pursuant to Act no. 102/2014 Z.z. on the protection of consumers in the sale of goods or provision of services under a distance or off-premises contract of the seller and amending certain laws the buyer has the right within 14 (fourteen) days of delivery of this intact and not worn with accessories (especially manuals, package leaflets) including the unbroken tag return to the address of the seller: AT Group, sro, Department of e-shop, based: Slávičie údolie 26, 811 02 Bratislava and withdraw from the contract. The buyer may also use the sample form for this withdrawal. The buyer is not obliged to state the reason for withdrawing from the contract. If the Buyer exercises the right of withdrawal, the withdrawal period shall be deemed to be maintained if the Buyer sends a notice to the Seller that he is withdrawing from the Contract. Subsequently, the Buyer is obliged to return the goods received from the Seller to the Seller without undue delay, at the latest within 14 days from the withdrawal, to the following address: AT Group, sro, Department of e-shop, registered office: Slávičie údolie 26, 811 02 Bratislava.

The buyer shall withdraw from the contract, return the seller without undue delay, no later than within 14 days of withdrawal, all means including delivery costs received from him under the contract in the same way.

If the buyer has chosen other than the cheapest method of delivery of the goods offered by the seller, the seller will return to the buyer the cost of delivery of goods in the amount corresponding to the cheapest method of delivery offered.

If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that the goods sent to the seller.

The Buyer shall be liable to the Seller only for the diminution of the value of the goods resulting from the handling of these goods in a manner other than that which must be disposed of with regard to their nature and characteristics.

However, the provisions of the 14-day Withdrawal Act cannot be understood as the possibility of borrowing goods free of charge. In the case of exercising the right of withdrawal within 14 days of receipt of performance, the consumer must, within 14 days of withdrawal, give the seller everything he has obtained under the purchase contract. Where this is no longer possible (eg goods have been destroyed or consumed in the meantime), the consumer must provide a monetary compensation in return for what cannot be issued / handed over.

WITHDRAWAL FORM OF THE CONTRACT IS AVAILABLE FOR DOWNLOAD HERE.

It is available in text form here:

(top of form)

Sample withdrawal form

(fill in and send this form only if you wish to withdraw from the contract)

Addressee: AT Group, s.r.o., Department of e-shop, registered office: Slávičie údolie 26, 811 02 Bratislava, IČO: 36 683 175

I hereby announce (*) that I withdraw / withdraw (*) from this contract

the goods (*) :

…………………………………………………………………………………………………………………………………. .

 

Date of order: …………………………………………………………………………………………….

Price of ordered goods: ……………………………………………………………………………………………

Name and surname of the consumer (s) (*): …………………………………………………………….

Address of consumer (s) (*): …………………………………………………………………………….

Refund number: ………………………………………………………………………………………

Consumer (s) signature (*): …………………………………………………………………………….

The date: ……………………….. .

(*) Delete where not applicable.

 

(end of form)

However, under the Distance Selling Act, the buyer cannot withdraw from the contract, which is in particular:

  1. the sale of goods made to the specific requirements of the consumer, tailor-made goods or goods intended specifically for one consumer;
  2. the sale of goods which are subject to rapid deterioration or perishability;
  3. the sale of goods encased in protective packaging which it is not appropriate to return for health or hygiene reasons and whose protective packaging has been broken after delivery;
  4. the sale of goods which, by their nature, may, after delivery, be inextricably mixed with other goods;
  5. the sale of phonograms, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the consumer has unwrapped the packaging;
  6. sale of periodicals, except for sales under a subscription agreement, and sale of books not supplied in protective cover.

6) Price

The amount shown for each individual item is inclusive of VAT. However, this amount does not include delivery costs, which are listed separately. The final amount that the buyer will pay for the goods, including their delivery, is stated at the end of the order and will be confirmed by the seller by sending a confirmation of conclusion of the purchase contract.

7) Payment method

The buyer is entitled to choose one of the following payment options when purchasing the goods:

  • cash on delivery
  • prepay by credit card
  • accelerated transfer through TrustPay

All payment methods are free of charge.

8) Delivery costs, method of payment, delivery and performance

Breakdown by delivery method:

Delivery by DPD courier, fee 3 €. Free shipping on orders over € 50.

Allowed payment option – cash on delivery, credit card in advance, Paypal and TrustPay.

In the event that it is necessary on the part of the Buyer to deliver the goods repeatedly or in another manner as specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, respectively. costs associated with other delivery methods.

Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects to notify the carrier without undue delay. In the event of a breach of the packaging indicative of unauthorized entry into the shipment, the buyer need not take the shipment from the carrier. By signing the delivery note, the buyer confirms that the shipment of goods fulfilled all conditions and requirements. Any later complaint about the breach of the package will not be taken into account.

9) Security

Access to the user account is secured by user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the Seller is not responsible for any consequences of the Buyer’s breach of this obligation.

Registration means putting the name, surname, address, e-mail and telephone in the form on the main page of the seller. When registering on the website and ordering goods, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the user account upon any change.

10) Liability for defects, complaints procedure, procedure of claim processing and handling

This Complaints Procedure is processed in accordance with the relevant provisions of the Act no. 40/1964 Coll. Civil Code, Act No. 250/2007 Coll. on Consumer Protection and on the amendment of Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended, Act no. 102/2014 Z.z. on the protection of consumers in the sale of goods or provision of services under a distance or off-premises contract of the seller and amending and supplementing certain laws, as amended, and applies to goods for which the rights of the buyer asserted rights under defects (hereinafter referred to as “complaint”) and which the buyer purchased through the e-shop https://www.sneakybrand.eu.

COMPLAINTS FOR E-SHOP https://www.sneakybrand.eu

Art. 1

Address for receiving complaints: AT Group, s.r.o., Department of e-shop, registered office: Slávičie údolie 26, 811 02 Bratislava.

The rights and obligations of the contracting parties concerning the consumer’s rights from incorrect performance and liability of the seller for defects of the sold goods are governed by the provisions of § 619 et seq. Of the Civil Code and the relevant provisions of the Consumer Protection Act. The seller is responsible for the defects that the goods have sold when it is taken over by the consumer.

If the subject of the purchase contract is used goods, the seller is not responsible for defects caused by its use or wear. In the case of goods sold at a lower price, the seller is not responsible for the defect for which the lower price was agreed. The seller is not responsible for defects of goods, which the consumer was notified when concluding the purchase contract.

The buyer is entitled to exercise the right from the defect that occurs on the goods within 24 months of receipt of goods. The rights of liability for defects of the goods for which the warranty period expires, if they were not exercised within the warranty period.

By declaring in the warranty letter issued to the consumer, the seller may provide a guarantee for selected goods for a period exceeding 24 months, and in the warranty letter shall specify the seller’s terms and the scope of this warranty. If the subject of the purchase contract is used goods, the seller and the buyer can agree on a shorter warranty period, but not less than 12 months.

ARTICLE 2

Consumer rights from liability for defects in goods

A defect in the goods is not considered to be a change in the quality of the goods that arose during the warranty period as a result of their wear and tear; misuse; inadequate or inappropriate treatment; as a result of natural changes in the materials from which the goods are made; as a result of any damage to the consumer or third party or other improper intervention.

If the consumer claims the goods in relation to a removable defect, the consumer has the right to:

Free, timely and proper removal of the claimed defect, or

Replacement of the goods or parts of the goods, if this does not incur excessive costs with respect to the price of the goods or the severity of the defect, or

Replacement of the goods if the consumer cannot properly use the goods due to the repeated occurrence of the defect after repair or for a larger number of defects.

Where the consumer complains about the goods in respect of an irremovable defect that prevents the goods from being properly used as defective goods, the consumer shall have the right to:

Exchange of goods, or

Withdrawal from the contract.

The same rights (exchange of goods or withdrawal from the contract) belong to the buyer in the case of removable defects, but the buyer cannot properly use the item due to the re-occurrence of defects after repair or to a larger occurrence of defects.

In the case of complaints of other irremovable defects as mentioned above (eg irremovable defect, which does not prevent the goods from being properly used as goods without defects), the consumer is entitled to a reasonable discount on the price of the item.

ARTICLE 3

Procedure for making a complaint – liability for defects of goods

The consumer must claim defects of the goods from the seller without undue delay after the defect has been discovered.

The rights arising from liability for defects of goods are exercised by the consumer at the seller:

By post, together with a copy of the proof of purchase and the reason for the complaint, sent to the following address: AT Group, s.r.o., Department of e-shop, registered office: Slávičie údolie 26, 811 02 Bratislava.

The moment of assertion of liability for defects of the goods – complaint is considered the moment of delivery of the claimed goods together with all documents stipulated by law and accessories to the seller.

When delivery of goods purchased from the seller is accompanied by proof of purchase of goods, which also serves as a guarantee document. Only goods that are fully paid can be claimed.

For the proper and timely settlement of the complaint, the consumer should describe as far as possible the defect for which the goods are claimed, while the seller is obliged to deal only with the defect of the goods claimed by the consumer.

When asserting liability for defects of the goods, the consumer is obliged to prove that he has purchased the claimed goods from the seller, which is mainly used for proof of purchase.

When making a complaint to the consumer, the seller or his authorized employee instructs the consumer about his rights arising from the claim for liability for defects in the warranty period under the Civil Code and based on the decision that the consumer exercises from these rights immediately, in complicated cases no later than 3 (three) days from the date of the claim and in justified cases, especially if a complex technical assessment of the condition of the goods is required, no later than 30 days from the date of the claim. After the expiry of this period for settling the claim, the consumer has the right to withdraw from the purchase contract or the right to exchange goods for new goods.

Complaint handling means the termination of the complaint procedure:

Handing over repaired goods;

Exchange of goods;

By returning the purchase price of the goods;

By paying a reasonable discount on the price of the goods;

Written call for performance;

Reasonable rejection of the claim.

When making a complaint, the seller issues a confirmation of the claim to the consumer. If the complaint is made by means of remote communication, the seller is obliged to deliver the confirmation of the claim immediately; if it is not possible to deliver the confirmation immediately, the seller shall deliver it without undue delay, but at the latest together with the proof of complaint handling; the confirmation of the claim need not be delivered if the consumer has the possibility to prove the claim otherwise. The acknowledgment of receipt of the complaint shall include, inter alia, the identification of the seller and the consumer, which is the content of the complaint by the consumer, the method of handling the complaint, the date and place of receipt of the complaint and the employee’s signature.

Art. 4

Procedure for handling complaints

If the consumer has made a claim for the goods within the first 12 months of the purchase contract, the seller may only refuse the claim on the basis of a written expert opinion or an opinion issued by an authorized, notified or accredited person or the manufacturer’s authorized repair “). Irrespective of the outcome of the expert assessment, the seller may not require the consumer to pay the costs of the expert assessment of the goods or other costs related to the expert assessment of the goods.

The Seller shall provide the consumer with a copy of the expert opinion justifying the rejection of the claim no later than 14 days from the day the claim is settled.

If the consumer lodged the claim after 12 months from the conclusion of the purchase contract and the seller rejected it, the person who handled the claim is obliged to indicate in the document on the claim settlement to whom the consumer can send the goods for professional assessment. If the consumer sends the goods for expert assessment to the designated person specified in the claim settlement document, the costs of expert assessment of the goods as well as all other related purposefully spent costs shall be borne by the seller regardless of the result of the expert assessment. If the consumer proves the seller’s responsibility for the claimed defect of the goods by professional judgment, he / she can lodge the complaint again; the warranty period does not expire during the expert assessment of the goods. The seller is obliged to reimburse the consumer within 14 days from the date of the complaint again all the costs incurred for the professional assessment of the goods, as well as all related costs reasonably incurred. A reclaimed claim cannot be rejected.

The seller is obliged to inform the consumer about the fact that the complaint has been handled and in what way, to the e-mail address stated during the complaint or through other contact details, according to which it will be possible to notify the consumer about the settlement of the complaint. The Seller shall specify in this notice the time limit for the collection of the claimed goods. The Seller is obliged to issue a written document on the complaint handling within 30 days from the date of the claim at the latest.

In the event that the consumer does not pick up the claimed goods within the specified period by the seller, the seller is entitled to charge a reasonable storage charge of 0.1% of the purchase price of the goods for each day of delay in picking up the goods or sell the goods himself. The seller must notify the consumer of this procedure in advance and give him a reasonable period to take over the goods.

11) Processing of personal data and handling of personal data

The Seller processes and handles personal data in accordance with the Personal Data Processing Act, Act no. of Act no. 122/2013 Z.z. on the protection of personal data and on amendments to certain laws (hereinafter referred to as the “Personal Data Protection Act”).

The Seller hereby informs the Buyer that, pursuant to § 10 para. 3 písm. b) of the Personal Data Protection Act, the seller as the controller will process the buyer’s personal data in the process of concluding the purchase contract without his consent as the data subject, since the processing of the buyer’s personal data will be performed by the seller in pre-contractual relations a contract in which the buyer acts as one of the parties.

The parties agree that the buyer, if he is a consumer, is obliged to notify the seller of his name and surname, permanent address including postcode, telephone number and e-mail address. The contracting parties have agreed that the buyer, if he is an entrepreneur, is obliged to notify the seller in the order of his business name, address, including postal code, company ID, telephone number and e-mail address.

The Buyer may, by ticking the appropriate box before expressing the order, express its consent within the meaning of § 11 para. 1 The Personal Data Protection Act that the Seller processes and stores his personal data, in particular those mentioned above and / or necessary in the Seller’s activity regarding the sending of information on new products, discounts and actions on offered goods. The Buyer grants this consent to the Seller for a definite period of time until the purpose of processing the Buyer’s personal data. After fulfilling the purpose of processing, the Seller shall immediately ensure the liquidation of the Buyer’s personal data. The Buyer may withdraw his consent to the processing of personal data in writing at any time. The consent expires within 1 month from the delivery of the withdrawal of consent by the buyer to the seller.

The Buyer acknowledges that it is obliged to provide its personal data (when registering a user account or when ordering) correctly and truthfully and that it is obliged to inform the Seller of any change in its personal data without undue delay.

The Seller may authorize a third party to process the Buyer’s personal data. The Seller shall notify the Buyer in accordance with the provisions of § 15 para. 1, par. e) of the Personal Data Protection Act that when processing the Buyer’s personal data it is assumed that the Buyer’s personal data will be provided and made available to the following third parties:

AT Group, s.r.o., Department of e-shop, registered office: Slávičie údolie 26, 811 02 Bratislava, Slovakia, IČO: 36 683 175, DIČ: 2022258722, VAT ID: SK2022258722,

  • Direct Parcel Distribution SK sro, Technicka 7, 821 04 Bratislava, Slovakia, IČO: 35834498, DIČ: 2021648739, VAT ID: SK2021648739

 

12) Delivery

Unless otherwise agreed, all correspondence relating to the Purchase Agreement shall be delivered to the other Party in writing, by electronic mail, in person or by registered mail, by the postal operator. It is delivered to the Buyer to the e-mail address specified in his user account.

Message delivered (considered delivered):

  • In the case of delivery by e-mail at the moment of its receipt to the buyer’s incoming mail server.
  • In the case of service in person or through a postal operator, by receipt of the item by the addressee.
  • In the case of delivery in person through the postal operator also by refusing to take over the shipment, the addressee (or the person authorized to take over the shipment) refuses to accept it.
  • In the case of delivery by postal operator, the expiry of a period of 10 (ten) days from the deposit of the consignment and the sending of an invitation to the addressee to receive the deposited consignment,

13) Enabling clause

The Seller confirms that he has authorized every store operator in which the goods are handed over (if the Buyer has chosen to take over the goods at the store) to act / negotiate with the Buyer regarding the handover of the goods to the Buyer.

14) Alternative dispute resolution

The buyer – consumer – has the right to contact the seller for redress (by e-mail to info@sneakybrand.sk) if he is not satisfied with the way the seller handled his claim or if he believes the seller has violated his rights. If the Seller responds to this request in a negative manner or fails to respond within 30 days of its dispatch, the consumer has the right to file an alternative dispute resolution (ADR) entity (ADR entity) under the Act no. 391/2015 Coll. ADR entities are bodies and authorized legal entities pursuant to Section 3 of Act no. 391/2015 Coll. The consumer may submit a petition in the manner determined pursuant to §12 of the Code. 391/2015 Coll. The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk.

The consumer can also file a complaint through the ADR Alternative Dispute Resolution Platform, available online at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

Alternative dispute resolution can only be used by a consumer – a natural person who, when concluding and performing a consumer contract, does not act within the scope of his business, employment or profession. Alternative dispute resolution concerns only the dispute between the consumer and the seller resulting from or related to the consumer contract. Alternative dispute resolution only applies to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for initiating an ADR up to a maximum of EUR 5 with VAT.

15) Validity

These Terms and Conditions come into effect on 1.4.2018.

16) Final provisions

Consumer complaints are handled by the seller via the e-mail address info@sneakybrand.sk. The Seller will send information about the handling of the Buyer’s complaint to the Buyer’s email address.

The seller is entitled to sell goods on the basis of a trade license. Trade control is performed within the scope of its competence by the competent trade licensing office. The protection of personal data is supervised by the Office for Personal Data Protection. The Slovak Trade Inspection also oversees, to a limited extent, compliance with Act no. 250/2007 Z.z. on Consumer Protection and on the amendment of Act of the Slovak National Council no. 372/1990 Coll. on offenses, as amended.

These terms and conditions apply as stated on the website of the seller, on the date of conclusion of the purchase contract. The Buyer’s order is, after its confirmation as a concluded contract between the Buyer and the Seller, archived for the purpose of its fulfillment and other records and its status is accessible to the Buyer. By purchasing, the customer agrees to receive business notifications.

Payments and delivery

Payment method

The buyer is entitled to choose one of the following payment options when purchasing the goods:

  • cash on delivery
  • prepay by credit card
  • accelerated transfer through TrustPay

All payment methods are free of charge.

Delivery costs, method of payment, delivery and performance

Breakdown by delivery method:

Delivery by DPD courier, fee 3 €. Free shipping on orders over € 50.

Allowed payment option – cash on delivery, credit card in advance, Paypal and TrustPay.

In the event that it is necessary on the part of the Buyer to deliver the goods repeatedly or in another manner as specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, respectively. costs associated with other delivery methods.

Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects to notify the carrier without undue delay. In the event of a breach of the packaging indicative of unauthorized entry into the shipment, the buyer need not take the shipment from the carrier. By signing the delivery note, the buyer confirms that the shipment of goods fulfilled all conditions and requirements. Any later complaint about the breach of the package will not be taken into account.

Claims

You can claim your claim within 24 months of the date of purchase.

Send the goods to us by post together with a copy of the proof of payment and the reason for the complaint to: AT Group, s. r. about. , Department of e-shop, Slavic Valley 26, 811 02 Bratislava. For proper and timely handling of the complaint, we recommend you to accurately describe the reason for the complaint.

The moment of filing a complaint is considered to be the moment of delivery of the claimed goods together with all legal documents to our address.

We will record your complaint about what we will inform you about.

We will contact you within 3 days to determine how your claim was handled. In the event that a more complex technical examination of the goods is required, the period shall be postponed to 30 days. We will notify you by email or phone.

The full wording of the Complaints Procedure can be found HERE.

If you have any questions, please do not hesitate to contact us by phone at +421 917 868 487 or by e-mail to: info@sneakybrand.eu