Terms of service
General Terms and Conditions
The following terms and conditions define and specify the rights and obligations of the seller (Released Sneakers, s.r.o., ID No. 19129068) within the meaning of § 1751/1 of the Civil Code and the buyer for the sale of goods through the online store located at the Internet address: www.released.cz
Released Sneakers, s.r.o.
registered in the Commercial Register kept at the Municipal Court in Prague under No. C 381885
Káraný ev. č. 76
Kárány 250 75
ID (IČ): 19129068
VAT ID (DIČ) : CZ19129068
Contact details:
phone: +420 732 469 831
email: released.sneakers@gmail.com
www.released.cz
Bank connection:
Currency: CZK
Bank Account : 123-9968930227/0100
IBAN: CZ11 0100 0001 2399 6893 0227
BIC/SWIFT: KOMBCZPPXXX
Currency: EUR
IBAN: CZ49 0100 0001 3100 4042 0237
BIC/SWIFT: KOMBCZPPXXX
(hereinafter referred to as the ‘Seller’)
I. Basic provisions
- These Terms and Conditions govern the mutual rights and obligations of the Seller and the Buyer (hereinafter: ‘Buyer’) who enter into a contract for the purchase of goods through the web interface located on the website available at www.released.cz (hereinafter: ‘Online Shop’) or otherwise.
- The provisions of the Terms and Conditions are an integral part of the contract concluded between the parties principally via the online shop.
- Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions
II. Information about goods and prices
- Information about the goods, including the prices of individual goods and their main features are listed in the catalogue of the online store. The prices of the goods are inclusive of value added tax, all related charges and the cost of returning the goods if they cannot, by their nature, be returned by the usual postal method. The prices of the goods remain valid for the period of time they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.
- All presentation of goods placed in the catalogue of the online store is informative and the seller is not obliged to conclude a purchase contract with the buyer.
- Information on the costs associated with packaging and delivery is published in the online shop. The information on the costs associated with the packaging and delivery of the goods listed in the online shop is valid in cases where the goods are delivered within the territory of the Czech Republic or the Slovak Republic.
- The Seller points out that the goods offered in the online shop are collectible, second-hand goods (hereinafter referred to as the ‘goods’), and according to the Value Added Tax Act, the goods are subject to a special regime where the basis for value added tax is only the mark-up (margin), reduced by the tax on this mark-up. Should the goods be new, the purchaser will be informed of this fact and the 12-month period referred to in point VI.2 will be extended to 24 months for such goods.
- Any discounts on the purchase price of the goods cannot be combined unless the Seller and the Buyer agree otherwise.
III. Order and conclusion of the purchase contract
- The buyer places the order:
- via a customer account if he/she has previously registered in the online shop,
- by filling in the order form without registration.
- The Seller always assumes that the information provided in the order is correct. A condition of the order's validity is the completion of all mandatory data in the order form and the buyer's confirmation that he has read the terms and conditions.
- Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the e-mail address provided by the Buyer when ordering. This confirmation shall be deemed to be the conclusion of the contract. The confirmation shall be accompanied by the Seller's current terms and conditions.
- In the event that any of the requirements specified in the order cannot be fulfilled, the seller will send the buyer an amended offer to his email address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by the Buyer's confirmation of acceptance of this offer to the Seller at his email address specified in these Terms and Conditions.
- All orders sent by the buyer are binding. The Buyer may cancel his/her order until he/she receives notification of acceptance of the order by the Seller. The Buyer may also request cancellation of an order by calling the Seller's telephone number or the Seller's email address listed in the online store.
- In the event that there is an obvious technical error on the part of the Seller when indicating the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this obviously erroneous price even if the Buyer has been sent an automatic confirmation of receipt of the order according to these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended quotation to the Buyer's email address. The amended offer shall be deemed to be a new proposal for a purchase contract and the purchase contract shall be concluded in such case by confirmation of receipt by the Buyer to the Seller's email address
IV. Customer account
- Based on the buyer's registration made in the online shop, the buyer can access his customer account. From his/her customer account, the buyer can order goods. However, the Buyer can also order goods without registration.
- When registering for a customer account and when ordering goods, the buyer must provide truthful information. The buyer is obliged to update the information provided in the user account. The Buyer is responsible for the accuracy of the data when ordering goods and the Seller always assumes the accuracy of the data.
- Access to the customer account is secured with a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his/her customer account. The Seller shall not be liable for any misuse of the customer account by third parties.
- The buyer has no right to allow third parties to use the customer account.
- The Seller may cancel the user account, especially if the Buyer no longer uses his/her user account or if the Buyer violates his/her obligations under the Purchase Agreement and these Terms and Conditions.
- The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.
V. Payment terms and delivery of goods
- The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
- by wire transfer to the seller's bank account no. 123-9968930227/0100 (for payments in CZK) or to the seller's bank account No. 131-40420237/0100 (for payments in EUR), both accounts held at Komerční banka, a.s.
- cashless payment by credit card through a payment gateway
- cash/card on delivery/collection of goods.
- Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also include the costs associated with the delivery of the goods.
- In case of cash payment, the purchase price is payable upon receipt of the goods. In case of non-cash payment, the purchase price is payable according to the seller's instructions.
- In the case of payment through a 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 is fulfilled when the relevant amount is credited to the seller's bank account.
- The Seller does not require any deposit or other similar payment from the Buyer in advance. Payment of the purchase price before shipment of the goods is not a deposit.
- According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in case of a technical failure within 48 hours at the latest.
- The goods shall be delivered to the Buyer in accordance with the Contract, with the cost of delivery of the goods depending on the method of dispatch and receipt of the goods being specified in the Buyer's order and in the Seller's order confirmation. In the event that the method of delivery is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs associated with such method of delivery.
- 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 take delivery of the goods upon delivery. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
- Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
- The Seller shall issue a tax document - invoice to the Buyer. The tax document is sent to the buyer's email address.
- The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods but failed to do so in breach of the purchase contract.
- The goods are delivered to the buyer:
- to the address specified by the purchaser of the order,
- via the dispatch office to the address of the dispatch office designated by the buyer.
VI. Withdrawal from the 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 withdrawal period is 14 days
- from the date of receipt of the goods,
- from the date of acceptance of the last delivery of goods if the subject of the contract is several types of goods or the delivery of several parts,
- from the date of acceptance of the first delivery of the goods, if the subject of the contract is a regular recurring delivery of goods.
- The buyer cannot, among other things, withdraw from the purchase contract:
- the provision of services, if they have been performed with his prior express consent before the expiry of the withdrawal period and the seller has informed the buyer before the conclusion of the contract that in such a case he has no right to withdraw from the contract,
- the supply of goods or services, the price of which depends on financial market fluctuations independent of the seller's will and which may occur during the withdrawal period,
- on the delivery of goods that have been modified according to the wishes of the buyer or for his person.
- In order to comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.
- To withdraw from the purchase contract, the buyer can use the withdrawal form provided by the seller. The Buyer shall send the withdrawal from the Purchase Contract to the email or delivery address of the Seller specified in these Terms and Conditions. The Seller shall promptly acknowledge receipt of the form to the Buyer.
- The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
- If the Buyer withdraws from the contract, the Seller shall reimburse the Buyer immediately, but no later than 30 days after withdrawal, all monies, including delivery costs, received from the Buyer in the same manner. The seller shall only return the funds received to the buyer in another way if the buyer agrees to this and if no additional costs are incurred.
- If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the 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 received funds to the buyer before the buyer delivers the goods to him or proves that he has sent the goods to the seller.
- The Buyer must return the goods to the Seller undamaged, unworn and unpolluted and in their original packaging including all their components. The packaging is part of the goods and failure to return or damage to the packaging may result in a reduction in the value of the goods. The Seller is entitled to unilaterally set off any claim for damages to the goods against the Buyer's claim for a refund of the purchase price.
- The Seller is entitled to withdraw from the Purchase Contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer or supplier of the goods has discontinued production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall return all monies, including delivery costs, received from the Buyer under the Contract within 14 days of notification of withdrawal from the Purchase Contract in the same manner or in the manner specified by the Buyer.
VII. Rights from defective performance
- The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In principle, the seller is liable to the buyer that at the time the buyer took over the goods:
- the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
- the goods are fit for the purpose stated by the seller for their use or for which goods of that kind are usually used,
- the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen,
- the goods in the appropriate quantity, measure or weight,
- the goods comply with the legal requirements.
- If a defect appears within six months of the buyer's receipt of the goods, the goods shall be deemed to have been defective upon receipt. The buyer shall be entitled to claim the right to claim a defect that occurs in the goods within twelve months of receipt. This provision shall not apply to goods sold at a lower price for which the lower price was agreed, to wear and tear caused by normal use, to a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer, or if this results from the nature of the goods, the buyer acknowledging the above.
- In the event of a defect, the Buyer may submit a claim to the Seller and request, if possible given the nature of the goods:
- exchange for new goods, which is often impossible given the uniqueness of the goods,
- repair of goods,
- a reasonable discount on the purchase price,
- withdraw from the contract.
- The buyer has the right to withdraw from the contract,
- if the goods have a material defect and it is not a defect corresponding to the level of use or wear and tear that the goods had when taken over by the buyer
- if he cannot use the item properly due to the recurrence of the defect or defects after repair,
- in case of a large number of defects in the goods.
- The Seller is obliged to accept the complaint in any establishment where the complaint can be accepted, possibly also in the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint.
- The Seller or an employee authorised by the Seller shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, at the latest within 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiry of this period in vain shall be considered a material breach of contract and the buyer shall have the right to withdraw from the purchase contract. The moment when the Buyer's expression of will (exercise of the right from defective performance) reaches the Seller shall be considered as the moment when the claim is made.
- The Seller shall inform the Buyer in writing of the outcome of the complaint, including electronically.
- The right of defective performance does not belong to the buyer if the buyer knew before taking over the thing that the thing has a defect or if the buyer himself caused the defect.
- In the event of a legitimate claim, the buyer is entitled to compensation for reasonable costs incurred in connection with the claim. The buyer may exercise this right with the seller within one month after the expiry of the warranty period.
- The buyer has the choice of how to make a claim.
- The rights and obligations of the contracting parties with respect to rights arising from defective performance are governed by the applicable Czech law, taking into account the fact that the goods are not new in principle.
- If the buyer wishes to purchase other goods from the seller, it is not possible, when returning the goods, to transfer the price of the goods to credit and collect the new goods, or to exchange the goods for other goods with an additional payment by either party, but it is necessary, inter alia, in view of the nature of the goods, to withdraw from the contract in accordance with the legislation and then, if necessary, conclude a new contract.
VIII. Delivery
- The Parties may deliver all written correspondence to each other by electronic mail.
- The Buyer delivers correspondence to the Seller at the email address listed on the Seller's website. The Seller shall deliver correspondence to the Buyer at the email address provided in the Buyer's customer account or order.
IX. Out-of-court dispute resolution
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from a purchase contract.
- The online 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 purchase contract.
- The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
X. Final provisions
- All agreements between the seller and the buyer are governed by the law of the Czech Republic and the competent courts are Czech courts. This is without prejudice to the rights of the consumer under generally binding legislation.
- The Seller is not bound by any codes of conduct in relation to the Buyer.
- 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 prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
- The buyer hereby assumes the risk of change of circumstances.
- The contract of sale including the terms and conditions is archived by the seller in electronic form and is not accessible.
- The Seller may change or supplement the wording of the Terms and Conditions, whereby the Seller undertakes to notify the Buyer of the new wording at least 14 days before the effective date of the new Terms and Conditions and if the Buyer does not express his/her disagreement with the new wording of the Terms and Conditions no later than on the effective date of the new wording of the Terms and Conditions, he/she shall be deemed to have accepted the changes in full and has no objections. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions
These terms and conditions come into force on 01. 04. 2023