Terms and Conditions
Terms and Conditions for the online store http://getsnuggs.com
1.1 For the purpose of the Terms and Conditions, the following terms have the following meanings:
1.1.1 “Shopping cart” – the functionality of the Store displaying the Goods selected by the Buyer, which enables the Buyer to order these Goods;
1.1.2 “Buyer” – a consumer (a non-entrepreneurial natural person) who intends to order Goods from the Store and enter into an Agreement with the Seller about them;
1.1.3 “Civil Code” – Act No. 89/2012 Coll., The Civil Code, as amended;
1.1.4 “Store” – the online store available at http://getsnuggs.com, which displays the Goods put up for sale by the Seller to the Buyer;
1.1.5 “Conditions” – these Terms and Conditions of the Seller which define the use of the Store and the sale of Goods;
1.1.6 “Seller” – snuggswear s.r.o., ID No: 08238740,
registered office at Běhounská 5/18 602 00 Brno, registered in the Commercial Register maintained by the Municipal Court in Brno, Section C, File No 114618;
1.1.7 “Complaint” – the Buyer's claim for defects in Goods pursuant to Article 6.4 of the Conditions
1.1.8 “Contract” – purchase contract made pursuant to section 2079 et seq. of the Civil Code, which is made between the Seller and the Buyer on the basis of ordering the Goods;
1.1.9 “Consumer Act” – Act No. 634/1992 Coll., on Consumer Protection, as amended; and
1.1.10 “Goods” – goods (movables) displayed through the Store, which the Seller offers for sale (conclusion of the Contract).
- Introductory provisions and information for consumers
2.1 The Terms and Conditions are drawn up in the Czech language. The contract can only be concluded in the Czech language.
2.2 The Conditions do not apply to cases where the Buyer, who intends to purchase the Goods through the Store, is a legal entity or a person who, when ordering the Goods, acts in the exercise of his business activity or in the exercise of his independent profession.
2.3 The Buyer and the Seller may enter into an agreement, the content of which may differ from the Conditions or the Contract.
2.4 The Conditions may be subject to change by the Seller. Any changes to the Conditions will not affect the legal relations between the Seller and the Buyer that arose during the validity of the previous version of the Conditions.
2.5 The Seller is not a VAT payer and the prices of the Goods do not contain information on the VAT amount. The prices of the Goods remain valid as long as they are displayed in the Store.
2.6 The costs of delivery of the Goods differ according to the delivery and payment method selected by the Buyer in accordance with Article 3.1 of the Conditions. The agreed price for the Goods incl. the costs of delivery does not include any payments, fees or other remuneration that the Buyer has to spend on services provided by third parties in connection with the payment of the agreed price for the Goods, where these costs are paid exclusively by the Buyer.
- Entering into the Contract
3.1 Through the “I WANT TO TRY THEM” button, the Goods selected by the Buyer will be added to the Cart. Subsequently, the Buyer can display the Cart and click on the “BUY THIS” button, which will display a form to the Buyer regarding the data necessary to make the Contract, deliver the Goods and make (including the method of) payment for the Goods. The Buyer will confirm that he has entered correct data for the purpose of delivery and payment of the Goods by clicking on the “PAY” button. The Buyer is obliged to provide correct and complete data in the form. Clicking on the “Next” button will display a selection of the delivery methods of the Goods, including the price of delivery of the Goods and the method of payment of the purchase price of the Goods. The binding order of the Goods by the Buyer will occur at the moment of clicking on the “PAY” button, or at the moment of receiving the information by the computer system of the Store.
3.2 The Seller considers all data provided by the Buyer in the contact form to be correct.
3.3 The Contract is concluded for the Goods added into the Cart by the Buyer in the quantity ordered in accordance with Article 3.1 of the Conditions.
3.4 After entering into the Contract, the Seller will send a confirmation of making the Contract to the electronic address of the Buyer specified in the contact form.
3.5 Depending on the nature of the Goods (quantity, price, estimated transport costs), the Seller is entitled to ask the Buyer for additional confirmation of entering into the Contract (e.g., by telephone or e-mail).
3.6 When entering into the Contract, the Buyer agrees to the use of distance communication means. The costs incurred by the Buyer in the use of distance communication means in connection with entering into the Contract (e.g., the cost of internet connection or the cost of payment of the purchase price of the Goods) are borne by the Buyer.
3.9 The display of the Goods in the Store serves only for information purposes and the Seller is not obliged to enter into a Contract regarding these goods. Therefore, the provisions of Section 1732 para. 2 of the Civil Code shall not apply for the purposes of the Conditions.
3.10 The Seller is entitled to withdraw from the Contract without giving a reason at any time prior to sending the Goods to the Buyer. Notice to the Buyer that the Goods ordered by him cannot be delivered by the Seller is also considered as such withdrawal.
3.11 By entering into the Contract, the Buyer assumes the risk of a change of circumstances in the sense of the provisions of Section 1765 para. 2 of the Civil Code.
- Payment and delivery of Goods
4.1 The Buyer is obliged to pay the price of the Goods in the manner chosen in accordance with Article 3.1 of the Conditions.
4.2 By entering into the Contract pursuant to Article 3.1 of the Conditions, the Buyer is obliged to pay the price of the Goods and also to pay the Seller for costs associated with packaging and delivering of the Goods selected by the Buyer, in the amount shown before entering into the Contract in accordance with Article 3.1 of the Conditions. The exact method of packaging the Goods is determined by the Seller, the application of the provisions of section 2097 of the Civil Code is hereby excluded. The Buyer chooses the method of delivery of the Goods in accordance with the process specified in Article 3.1 of the Conditions.
4.3 The Seller is entitled to provide the Buyer with a discount on the price of the Goods. Discounts on the price of the Goods cannot be combined.
4.4 The goods will be delivered within a reasonable time. Delivery times of the Goods stated in the Store interface are indicative only.
4.5 The invoice for the Goods will be sent by the Seller in electronic form to the Buyer to his e-mail address specified during the process described in Article 3.1 of the Conditions. The invoice will contain mandatory data and a receipt pursuant to Act No. 112/2016 Coll., on Registration of Sales, as amended, and the Buyer will receive it in the form of a link to download or as an attachment to an e-mail. The buyer agrees to this.
4.6 If the Seller provides the Buyer with a gift together with the Goods, the relevant gift contract between the Seller and the Buyer is made with a condition subsequent that if the Contract is terminated other than by the Buyer, the gift contract ceases to be effective and the Buyer is obliged to return the gift along with the Goods to the Seller.
4.7 The risk of loss, damage and/or destruction of the Goods, which is the subject of the Contract, passes to the Buyer at the moment of receiving the Goods by the Buyer.
4.8 The Seller reserves the right of ownership of the Goods until the purchase price is fully paid by the Buyer.
- Using the Store
5.1 The Seller has the right to freely modify and change the Store and its interface. Furthermore, the Seller has the right to limit, remove or interrupt any functionality of the Store for a necessary period of time for maintenance, technical modifications or other reasons.
5.2 When using the Store, the Buyer is obliged to comply with valid and effective legal regulations of the Czech Republic and the European Community. In the event of their violation, the Buyer is obliged to compensate for any damage in full.
5.3 In the event that the prices of the Goods in the Store will be in obvious disproportion to the usual price for similar Goods on the market due to a technical error, the Seller is not obliged to deliver the Goods at the purchase price displayed in the Store. In such a case, the Seller will contact the Buyer and inform him of the actual price of the Goods and the Buyer will be able to decide whether to accept the Goods at the actual price. Otherwise, the Contract will be terminated from the inception.
5.4 Photographs of Goods in the Store interface may be illustrative or distorted due to the technical equipment used. In case of any unclarity regarding the Goods and its appearance, the Buyer is obliged to contact the Seller.
6.1 The Buyer's rights from defective fulfilment are governed by the relevant generally binding legal regulations – in particular the provisions of Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 of the Civil Code. The Buyer's rights from defective fulfilment are also governed by the Consumer Protection Act.
6.2 The Seller is responsible to the Buyer for ensuring that the Goods will not be defective when received by the Buyer.
6.3 Goods are considered delivered without defects if they:
6.3.1 have the characteristics agreed between the Seller and the Buyer and if such an agreement has not been made, the Goods have the characteristics described by the Seller in the presentation of the Goods in the Store or expected with regard to the nature and type of the Goods;
6.3.2 are suitable for the usual purpose with regard to the nature and type of the Goods;
6.3.3. are in an appropriate quantity and measure;
6.3.4. are of adequate quality and design; and
6.3.5 comply with the requirements of the relevant legal regulations.
6.4 In the event that the Goods show defects when received by the Buyer, the Buyer has the following rights:
6.4.1 The Buyer has the right to request the delivery of new Goods without defects unless this is unreasonable due to the nature of the defect. If the defect concerns only a part of the Goods, the Buyer is entitled to request only the replacement of this part; if this is not possible, the Buyer has the right to withdraw from the Contract.
6.4.2 In the occurrence of a repairable defect of the Goods, where the Buyer cannot properly use the Goods for repeated occurrence of a defect after repair of the Goods or for a larger number of defects, the Buyer is entitled to the delivery of new Goods or replacement of defective parts of the Goods. In this case, the Buyer may also decide to exercise his right to withdraw from the Contract.
6.4.3 If the Buyer does not exercise his right under Article 6.4.1 or Article 6.4.2 of the Conditions, he is entitled to demand a reasonable discount on the purchase price of the Goods from the Seller. The Buyer also has the right to a reasonable discount of the Goods if the Seller is unable to deliver new Goods without defects, replace its part or repair the Goods, or the Seller will not be able to settle the Buyer's claim within a reasonable time or if it can be settled only at the cost of considerable difficulties for the Buyer.
6.5 The provisions of Art. 6.2 to 6.4 of the Conditions shall not apply to:
6.5.1 Goods sold at a reduced price due to a defect; 6.5.2 defects caused by the Buyer or defects the Buyer was aware of before entering into the Contract; 6.5.3 depreciation of the Goods caused by their normal use; 6.5.4 used Goods where the defects of the Goods correspond to the degree of their use or depreciation already existing upon receiving the Goods by the Buyer; 6.5.5 Goods for which this arises from their nature.
6.6 The occurrence of a defect in the Goods during the course of the first six months from the takeover represents a rebuttable presumption that the goods were defective at the time of receiving. In the case of consumer goods, the Buyer has the right to exercise rights from defective fulfilment according to Articles 6.2 to 6.4 of the Conditions in the event that the defect occurs within twenty-four months from the receiving of the Goods.
6.7 The Seller does not provide a warranty for the Goods.
6.8 The Buyer exercises rights from defective fulfilment according to the Conditions with the Seller at the Seller's registered office.
6.9 Complaints about the Goods will be settled by the Seller no later than 30 days from the date of the claim, provided that the Seller has received all resources necessary for its settlement, unless the Seller and the Buyer agree on a longer period. Failure to comply with this deadline constitutes a material breach of the Contract.
6.10 After the Complaint has been settled, the Buyer will be informed by the Seller and sent notice to take the Goods into possession.
6.11 In the event of unprofessional handling of the Goods in conflict with the documentation (instructions), the Buyer loses all claims for defects (especially claims under Articles 6.2 to 6.4 of the Conditions).
- Withdrawal from Contract
7.1 In accordance with the provisions of Section 1829 para. 1 of the Civil Code, the Buyer has the right to withdraw from the Contract (except in the cases specified in Article 7.2 of the Conditions), within fourteen (14) days from receiving the Goods. In the case of delivery of a larger quantity of Goods or several different items within one order of the Buyer, this period runs from the date of receiving of the last delivery of the Goods. The deadline in the previous sentence is met if the withdrawal from the Contract is sent by the end of the said deadline.
7.2 In accordance with the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the Contract in the case of delivery of:
7.2.1 Goods that have been modified according to the Buyer's wishes or for his person;
7.2.2 Perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery;
7.2.3 Goods in a sealed package, which the Buyer has removed from the package and which is not possible to return for hygienic reasons; and
7.2.4 audio or video recordings or a computer program, if their original packaging has been broken.
7.3 Shall the Buyer's right to withdraw from the Contract in accordance with Article 7.1 of the Conditions be in place, the Seller also has this right. This right of the Seller lasts until the Goods are received by the Buyer. In the event of the Seller's withdrawal from the Contract pursuant to this Article, the Seller is obliged to return the purchase price of the Goods to the Buyer without undue delay as an electronic payment to the Buyer's bank account.
7.4 In the event of withdrawal from the Contract pursuant to Article 7.1 of the Conditions, the Contract is canceled from its inception and the Buyer is obliged to return the Goods to the Seller within fourteen (14) days from the delivery of the withdrawal from the Contract. The costs associated with the return of the Goods in the event of the Buyer's withdrawal from the Contract are borne by the Buyer, even if the Goods cannot be returned by standard postal service due to their nature. The Buyer is liable to the Seller for any damage caused to the goods and reduction in its value.
7.5 In the event of withdrawal from the Purchase Contract pursuant to Article 7.1 of the Conditions, the funds will be returned by the Seller to the Buyer within fourteen (14) days of the Buyer's withdrawal from the Contract, in the same manner as received by the Seller. In case it will not be possible to return the funds in accordance with the procedure described in the previous sentence, the Buyer is obliged to inform the Seller of his bank account number. With the consent of the Buyer, the Seller may return the funds in another way. The condition for the return of funds is proof of sending the Goods (which was subject of withdrawal from the Contract) by the Buyer.
7.6 The Seller is entitled to unilaterally offset the right to compensation for damage caused to the Goods against the Buyer's right to a refund of the purchase price of the Goods.
7.7 The Annex to the Conditions contains a sample form that can be used by the Buyer to withdraw from the Contract in accordance with Article 7.1 of the Conditions. Withdrawal from the Contract must be delivered by the Buyer to the address of the Seller's registered office or to the e-mail address: firstname.lastname@example.org.
- Other provisions
8.1 The Buyer acknowledges that the software programs that make up the Store are protected by copyright. The Buyer undertakes not to participate in any activity that would allow him or a third party to illegally use or tamper with the Seller's right to properly use the computer programs.
8.2 The Buyer further acknowledges that the Seller is not responsible for the operation of the Buyer's data network, public data network, operation of the Buyer's hardware, the condition of his software and possible damage to the Buyer's technical equipment caused by a third party.
8.3 The Seller is not bound in relation to the buyer by any codes of conduct in the sense of the provisions of Section 1826, para. 1, let. e) of the Civil Code.
8.4 The seller is entitled to sell the Goods on the basis of a trade licence, where the inspection is carried out by the relevant Trade Licensing Office within the scope of its competence. Office for Personal Data Protection exercises supervision of the personal data protection. The Czech Trade Inspection exercises supervision of compliance with Consumer Protection Act within a defined scope.
8.5 Information on the electronic records of sales and the related obligations of the Seller is available to the Buyer on the website: http://www.etrzby.cz/cs/zakladni-informacepro-zakazniky.
- Protection of personal data, commercial communication and storage of cookies
9.1 All necessary information on the protection of personal data (including commercial communications and cookies) in the sense of Article 13 of the Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC are available here https://getsnuggs.com (link on the website).
- Applicable law and dispute resolution
10.1 The relationship between the Seller and the Buyer is governed by the law of the Czech Republic. Such a choice of law as in the previous sentence does not deprive the Buyer of the protection afforded to him by the provisions of the law which cannot be contractually derogated from and which would otherwise apply in the absence of a choice of law under Article 6 para. 1 of the Regulation 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
10.2 All disputes related to the Contract will be resolved by the competent court of the Czech Republic.
10.3 The contact point responsible for the out-of-court settlement of consumer disputes under the Contract is 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. To resolve consumer disputes under the Contract between the Buyer and the Seller, the online platform available at: http://ec.europa.eu/consumers/odr can also be used.
10.4 Contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Councilof 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on Resolving Consumer Disputes Online) is the European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz.
- Final provisions
11.1 The Buyer agrees that the Seller is entitled to assign his rights and receivables from the Contract to a third party.
11.2 The Contract including the Conditions will be archived by the Seller in electronic form and will not be publicly accessible.
11.3 Contact information of the Seller is: email@example.com, address: Běhounská 5/18 602 00 Brno.
11.3 The Conditions come into effect on January 16, 2019
Prague, January 16, 2019