> General provisions
> Information about goods and prices
> Ordering and concluding a purchase contract
> Customer account
> Payment terms and delivery of goods
> Withdrawal from the contract
> Rights relating to defective performance
> Personal data
> Out-of-court settlement of disputes
> Final provisions
- These general business terms and conditions (hereinafter referred to as "Business conditions") are issued in accordance with S. 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code")
Red Cap, s.r.o.
Company ID: 292 422 15
VAT No.: CZ 292 422 15
Registered office: Gagarinova 1616/9
Incorporated at the Regional Court in Brno, C67902
Contact details: Hynek Chaloupka
Phone: +420 602 250 090
(hereinafter referred to as the "Seller")
- These terms and conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase agreement outside his business activity as a consumer or as part of his business (hereinafter the "Buyer") through a Internet interface located on the website available at www.sneakertees.eu/eshop (hereinafter referred to as the "Online store").
- The provisions of the Business conditions are an integral part of the purchase contract. Differing provisions in the purchase contract take precedence over the provisions of these terms and conditions.
- These terms and conditions and the purchase contract are concluded in the English language.
- Information about the goods, including the prices of specific goods and their key characteristics, are provided for specific goods in the Online store. The prices of the goods are stated and include value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the Online store. This provision does not preclude the conclusion of a purchase contract under conditions agreed on an individual basis.
- All presentation of goods placed in the Online store is of an informative nature and the Seller is not obliged to enter into a purchase agreement regarding these goods.
- Information about the costs of delivery of the goods is published in the Online store.
- Any discounts on the purchase price of the goods cannot be combined with each other, unless the Seller agrees otherwise with the Buyer.
- The costs incurred by the Buyer in the use of remote communication channels in connection with the conclusion of the purchase contract (costs of Internet connection, phone calls, etc.), shall be borne by the Buyer himself. These costs do not differ from the basic rate.
- The Buyer may order the goods in the following ways:
- through his customer account, if he has previously registered in the Online store,
- by filling in the order form without registering.
- When placing an order, the Buyer chooses the goods, the quantity of goods, the method of payment and the method of delivery.
- Before sending in the order, the Buyer may check and change the data he entered in the order form. The Buyer sends the order to the Seller by clicking on the send order button. The Seller shall deem the data listed in the order form as correct. The order is valid when all mandatory data in the order form has been completed and the Buyer has confirmed that he has read these terms and conditions.
- Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the e-mail address that the Buyer entered when ordering. This confirmation is automatic and shall not be considered a contract. Attached to the confirmation are the current business conditions of the Seller. The purchase contract is concluded only after the acceptance of the order by the Seller. A notice of receipt of the order shall be delivered to the Buyer's e-mail address.
- In the event that the Seller is unable to meet one or more of the requirements specified in the order, he will send an amended offer to the Buyer's e-mail address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by the Buyer's confirmation of acceptance of this offer to the Seller to the Seller’s e-mail address specified in these terms and conditions.
- All orders accepted by the Seller are binding. The Buyer can cancel the order until he receives the notification of receipt of the order by the Seller. The Buyer may cancel the order by sending an e-mail to the Seller’s e-mail address specified in these terms and conditions.
- In the event that the Seller makes an obvious technical error when stating the price of goods in the Online store or during the ordering process, the Seller shall not be obliged to deliver the goods to the Buyer for this obviously incorrect price, even if the Buyer was sent an automatic confirmation of receipt pursuant to these terms and conditions. The Seller shall inform the Buyer of the error without undue delay and send an amended offer to the Buyer to his e-mail address. The amended offer shall be considered a new draft of the purchase contract and in such case the purchase contract shall be concluded by a confirmation of acceptance by the Buyer to the e-mail address of the Seller.
- Based on the Buyer's registration in the Online store, the Buyer can access his customer account. The Buyer can order goods from his customer account. The Buyer can also order goods without registering.
- When registering a customer's account and when ordering goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data specified in the customer account in the event of any change to the data. The Seller shall deem all data provided by the Buyer in the customer account and when ordering goods as correct.
- Access to the customer's account is secured by a username and password. The Buyer is obliged to not share the customer account access data with other parties. The Seller shall not be liable for any misuse of the customer account by third parties.
- The Buyer shall not be entitled to allow third parties to use his customer account.
- The Seller may cancel the user account, especially if the Buyer does not use his user account for a long time, or if the Buyer violates its obligations under the purchase agreement or these terms and conditions.
- The Buyer acknowledges that the user account may not be accessible at all times, especially with regard to necessary maintenance of the Seller’s hardware and software, or necessary maintenance of third party hardware and software.
- The price of the goods and any costs associated with the delivery of goods under the purchase agreement may be paid by the Buyer in the following ways:
- electronic transfer to the bank account of the Seller No. 43-7995860237 / 0100, kept at Komerční banka a.s.,
- electronic payment card,
- electronic transfer to the Seller's account through the go pay payment gateway,
- In addition to the purchase price, the Buyer shall be obliged to reimburse the Seller for the costs of delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs of delivery of goods.
- In the case of payment through an online payment gateway, the Buyer shall follow the instructions of the relevant electronic payment provider.
- In the case of non-cash payment, the Buyer's obligation to pay the purchase price shall be fulfilled when the relevant amount is credited to the Seller's bank account.
- According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. The Seller is obliged to register the received revenue with the tax administrator online, and in the event of a technical failure, within 48 hours.
- The goods shall be delivered to the Buyer:
- to the address specified by the Buyer in the order form, or
- by personal collection at the Seller's premises.
- The costs of delivery of goods depending on the method of dispatch and receipt of goods shall be specified in the Buyer's order and in the order confirmation from the Seller. If the mode of transport is contracted on the basis of a special request from the Buyer, the Buyer shall bear the risk and any additional costs associated with this mode of transport.
- If, according to the purchase contract, the Seller is obliged to deliver the goods to the address specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. In the event that because of the Buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer shall be obliged to pay the costs associated with repeated delivery of goods, respectively the costs associated with another method of delivery.
- Upon receipt of the goods from the carrier, the Buyer shall be obliged to check the integrity of the packaging of the goods, and if any defects are found to immediately notify the carrier. In the case of a violation of the packaging indicating unauthorized entry into the package, the Buyer shall not be obliged to accept the package from the carrier.
- The Seller will issue a tax document - invoice to the buyer. The tax document shall be sent to the Buyer's e-mail address.
- The Buyer shall assume ownership of the goods after payment of the full purchase price for the goods, including delivery costs and acceptance of the goods.
- Liability for accidental destruction, damages or loss of the goods shall be transferred to the Buyer at the time of receipt of the goods or when the Buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
- A Buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.
- The deadline for withdrawal from the contract is 14 days
- from the date of receipt of the goods,
- from the day of accepting the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts,
- from the day of taking over the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
- The Buyer shall not be entitled to withdraw from the purchase contract:
- the provision of services, if they were fulfilled with his prior express consent before the expiry of the period for withdrawal from the contract and the Seller informed the Buyer before concluding the contract that in such a case he has no right to withdraw from the contract,
- on the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the Seller and which may occur during the period for withdrawal from the contract,
- on the delivery of goods that have been modified according to the wishes of the Buyer,
- delivery of goods in a closed package, which the Buyer removed from the package and for hygienic reasons it is not possible to return,
- in other cases specified in S 1837 of the Civil Code.
- In order to comply with the withdrawal period, the Buyer must send a statement of withdrawal within the withdrawal period.
- Withdrawal from the purchase contract shall be sent by the Buyer to the e-mail or delivery address of the Seller specified in these terms and conditions. The Seller will immediately confirm to the Buyer the receipt of the form.
- A Buyer who has withdrawn from the contract shall be obliged to return the goods to the Seller within 14 days of withdrawal from the contract to the Seller. The Buyer shall bear the costs associated with the return of goods to the Seller, even if the goods cannot be returned due to their nature by regular mail.
- If the Buyer withdraws from the contract, the Seller shall return to him immediately, but no later than 14 days after withdrawal from the contract, all funds, including delivery costs, which he received from him, in the same way. The Seller shall return the funds received to the Buyer in another way only if the Buyer agrees and if he does not incur additional costs.
- If the Buyer has chosen other than the cheapest method of delivery of goods offered by the Seller, the Seller will reimburse the Buyer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.
- If the Buyer withdraws from the purchase contract, the Seller shall not be obliged to return the funds received to the Buyer before the Buyer hands over the goods or proves that he sent the goods to the Seller.
- The Buyer must return the goods to the Seller undamaged, unworn and uncontaminated and in the original packaging. The Seller shall be entitled to unilaterally set off the right to compensation for damages caused to the goods against the Buyer's right to a refund of the purchase price.
- The Seller shall be entitled to withdraw from the purchase contract if stock is sold out, the ordered goods are unavailable, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The Seller shall immediately inform the Buyer via the e-mail address specified in the order and shall return within 14 days of notification of withdrawal from the purchase contract all funds, including delivery costs received from him under the contract, in the same way or in the manner specified by the Buyer.
- The Seller shall be accountable to the Buyer for ensuring that the goods are free of defects at the time of receipt. In particular, the Seller shall be responsible to the Buyer that at the time the Buyer took over the goods:
- the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, the characteristics described by the Seller or the manufacturer or which the Buyer expected with regard to the nature of the goods and on the basis of the advertising made by them,
- the goods are fit for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
- the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
- the goods are in the appropriate quantity, measure or weight; and
- the goods comply with the requirements of legal regulations.
- The Seller’s defective performance obligations shall be equal in extent to the defective performance obligations of the manufacturer at a minimum. The Buyer is otherwise entitled to exercise his rights relating to any defect which occurs in the consumer goods within twenty-four months from receipt of said goods.
- If, in accordance with other legislation, the period for which the goods can be used is indicated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising, the provisions on the quality guarantee shall apply. By guaranteeing the quality, the Seller undertakes that the goods shall be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties. If the Buyer has rightly criticized the Seller for a defect in the goods, the period for exercising rights relating to the defective performance or the warranty period shall not run for the period during which the Buyer is unable to use the defective goods.
- The provisions set out in the previous paragraph of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear caused by normal use, to used goods for a defect corresponding to the degree of use or wear of the goods when taken over by the Buyer, or if it results from the nature of the goods. The Buyer shall not be entitled to rights relating to defective performance if he knew before taking over the goods that the goods are defective, or if the Buyer himself caused the defect.
- In the event of a defect, the Buyer may submit a complaint to the Seller and request
- an exchange for new goods,
- a reasonable discount from the purchase price,
- withdrawal from the contract.
- The Buyer has the right to withdraw from the contract:
- if the goods have a substantial defect,
- if he cannot use the item properly due to the recurrence of the defect or defects after repair,
- if there are a larger number of defects in the goods.
- A substantial breach of contract shall be defined as a breach in which the breached party already knew or should have known at the time the contract was concluded that the other party would not have entered into the contract if it had foreseen the breach.
- In the case of a defect that constitutes a minor breach of contract (regardless of whether the defect is remediable or irremediable), the Buyer shall be entitled to elimination of the defect or a reasonable discount on the purchase price.
- If a remediable defect has occurred repeatedly after repair (usually the third claim for the same defect or the fourth for different defects) or the goods have a large number of defects (usually at least three defects simultaneously), the Buyer shall the right to claim a discount on the purchase price, exchange of goods or withdraw from the contract.
- When lodging a complaint, the Buyer shall be obliged to inform the Seller which of the rights he has chosen. The Buyer may change his choice of right without the consent of the Seller only if the Buyer requested the correction of a defect that proves to be irreparable. If the Buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a minor breach of contract.
- If repair or replacement of the goods is not possible, upon withdrawal from the contract, the Buyer may demand a refund of the purchase price in full.
- If the Seller proves that the Buyer knew about the defect of the goods before taking over or caused it himself, the Seller shall not be obliged to comply with the buyer's claim.
- The Buyer cannot claim discounted goods for the reason for which the goods are discounted.
- The Seller shall be obliged to accept the complaint in any establishment in which the acceptance of the complaint is possible, or in the registered office or place of business. The Seller shall be obliged to issue a written confirmation to the Buyer about when the Buyer exercised the right, the content of the complaint and the method of handling the complaint required by the Buyer, as well as confirmation of the date and manner of handling the complaint, including confirmation of repair and duration, or written justification of rejection of the complaint.
- The Seller or an employee authorized by him shall decide on the complaint immediately, or in complex cases within four working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, must be resolved without delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. If this period expires without result, it shall be considered a material breach of contract and the Buyer shall have the right to withdraw from the purchase contract. The claim is considered as exercised when the expression of the Buyer’s will (exercising of the right relating to defective performance) is communicated to the Seller.
- The Seller shall inform the Buyer in writing about the result of the complaint.
- The Buyer shall not be entitled to rights relating to defective performance if the Buyer knew before taking over the goods that they had a defect, or if the Buyer caused the defect himself.
- In the case of a justified complaint, the Buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the complaint. The Buyer may exercise this right with the Seller within one month after the expiration of the warranty period; otherwise the court shall not be required to grant it.
- The Buyer shall be entitled to choose the claim method.
- The rights and obligations of the contracting parties in regard to the rights relating to defective performance are governed by S. 1914 to 1925, S. 2099 to 2117 and S. 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.
- The Contracting Parties may deliver all written correspondence to each other by electronic mail.
- The Buyer delivers correspondence to the Seller to the e-mail address specified in these terms and conditions. The Seller delivers correspondence to the Buyer to the e-mail address specified in his customer account or in the order.
- All information provided by the Buyer to the Seller is confidential and shall be treated as such. Unless the Buyer gives written permission to the Seller, the Seller will not use the Buyer's data other than for the purpose of performance of the contract, except for e-mail addresses to which commercial communications may be sent, as this procedure is permitted by law unless expressly rejected. These messages can only concern similar or related goods and can be unsubscribed at any time in a simple way (by sending a letter, e-mail or by clicking on a link in the commercial message). The e-mail address will be kept for this purpose for a period of 3 years from the conclusion of the last contract between the contracting parties.
- More detailed information on personal data protection can be found in the Personal Data Protection Policy HERE.
- The Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under a purchase agreement.
- The European Consumer Center Czech Republic with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Regulation on Consumer Online Dispute Resolution).
- The Seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection.
- All agreements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase 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 the consumer's rights arising from generally binding legal regulations.
- In relation to the buyer, the Seller is not bound by any codes of conduct in the sense of the provisions of S. 1826 par. 1 (e) of the Civil Code.
- All rights to the Seller's website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
- The Seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the Buyer may not take actions that could adversely affect its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in such a way that would be contrary to its purpose or purpose.
- The Buyer hereby assumes the risk of a change of circumstances in the sense of S. 1765 paragraph 2 of the Civil Code.
- The purchase contract, including business conditions, is archived by the Seller in electronic form and is not accessible.
- The wording of the terms and conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
- A sample form on withdrawal from the contract is as follows:
I/We declare (*) that I/we am/are (*) hereby withdrawing from the contract for purchase of this product (*)/for provision of these services (*)
– Date of order (*)/date of receipt (*)
– First name and surname of the consumer/consumers
– Address of the consumer/consumers
– Signature(s) of the consumer/consumers (only if this form is being sent in hard copy format)
(*) Cross out that which does not apply or fill in additional information.
These business conditions take effect on 1.7.2020