1. INTRODUCTORY PROVISIONS

1.1. These Commercial terms and conditions (hereinafter referred to as "Commercial terms and conditions") of the business entity SURF & SNOW s.r.o., ID 25058568, with its registered office at Jílovišťská 64, Lipence, 155 31 Prague, registered in the Commercial Register maintained by the Municipal Court in Prague under file Ref. C 46041 (hereinafter referred to as the "Seller"), regulate mutual rights and obligations of the contracting parties arising in connection with or based on a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural or legal person (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the Seller on the website located at www.snapbacks.eu (hereinafter referred to as the "Website"), through the interface of the website (hereinafter referred to as the "Web Interface").

1.2. The Commercial Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting in ordering goods within their business activities or within the scope of their independent profession.

1.3. Deviations from the Commercial Terms and Conditions may be agreed upon in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Commercial Terms and Conditions.

1.4. The provisions of the Commercial Terms and Conditions are an integral part of the Purchase Contract. The Commercial Terms and Conditions are drawn up in the English. The Purchase Contract can be concluded in the English.

1.5. The wording of the Commercial Terms and Conditions may be amended or supplemented by the Seller. This provision does not affect the rights and obligations arising during the effectiveness of the previous wording of the Commercial Terms and Conditions.

USER ACCOUNT

2.1. Upon registration performed on the website, the Buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the "user account"). The buyer can also place orders for goods without registration directly from the web interface of the store.

2.2. During registration on the website and when ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer must update the information in the user account whenever it changes. The information provided by the buyer in the user account and when ordering goods is considered accurate by the seller.

2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary for accessing their user account.

2.4. The buyer is not authorized to allow third parties to use their user account.

2.5. The seller may cancel the user account, especially if the buyer does not use their user account for more than 6 months or if the buyer violates their obligations under the purchase contract (including the Commercial Terms and Conditions).

2.6. The buyer acknowledges that the user account may not be available continuously, especially considering the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of third-party hardware and software equipment.

3. PURCHASE CONTRACT CONCLUSIONY

3.1. All presentations of goods placed in the web interface of the store are of an informative nature, and the seller is not obliged to conclude a purchase contract for this merchandise. Section 1732(2) of the Civil Code shall not apply.

3.2. The web interface of the store contains information about the goods, including the indication of price for each item. The prices of goods and services are stated inclusive of all taxes (VAT). The prices of goods remain valid as long as they are displayed in the web interface of the store. The prices of goods are not adjusted based on the buyer's identity through automated decision-making. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.

 

3.3. Information about costs related to packaging and delivery of goods specified in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic. In the event that the seller offers free delivery of goods, the prerequisite for the buyer's entitlement to free delivery of goods is the payment of the minimum total purchase price of the transported goods, as specified in the web interface of the store. In the case of partial withdrawal from the purchase contract by the buyer, and the total purchase price of the goods for which the buyer did not withdraw from the contract does not reach the minimum amount required for the entitlement to free delivery of goods according to the preceding sentence, the buyer's right to free delivery of goods expires, and the buyer is obliged to pay the shipping costs to the seller.

3.4. To place an order for the goods, the Buyer completes an order form in the web interface of the store. The order form includes, in particular, information about:

3.4.1. the ordered goods (the buyer "inserts" the ordered goods into the online shopping cart of the web interface of the store),

3.4.2. the method of payment for the purchase price of the goods, information about the preferred method of delivery, and

3.4.3. information about the costs associated with the delivery of goods (hereinafter collectively referred to as the "order").

3.5. Before submitting the order to the seller, the buyer is allowed to review and modify the information entered into the order, taking into account the buyer's ability to detect and correct errors made during data entry into the order. The buyer sends the order to the seller by clicking the "Buy for ____ (total order amount)" button. The information provided in the order is considered accurate by the seller. The seller promptly confirms the receipt of the order to the buyer via email, sent to the buyer's email address specified in the user interface or in the order (hereinafter referred to as the "buyer's email address").

3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to request additional confirmation of the order from the buyer (e.g., in writing or by phone).

3.7. The legaly binding relationship between the Seller and the Buyer is established upon the delivery of the acceptance of the Order (acceptance), which is sent to the buyer by the seller via email to the buyer's email address or by SMS to the buyer's phone number specified in the user interface or in the order (hereinafter referred to as the "buyer's phone number").

3.8. The buyer agrees to use distance communication means when concluding the Purchase contract. The costs incurred by the buyer when using distance communication means in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs, SMS messages) are borne by the buyer, and these costs do not differ from the basic rates.

4. PRICE OF THE GOODS AND PAYMENT TERMS

4.1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract to the seller using the following methods:

• In cash or by payment card at the seller's store at the address provided on www.snapbacks.cz/where;
• Cash on delivery at the location specified by the buyer in the Order;
• Money order transfer (Czech Koruna) to the seller's bank account No. 108697954/0300, held at ČSOB, a.s. (hereinafter referred to as the "seller's account");
• Money order transfer to the seller's account (EUR): IBAN: CZ67270000000­01387719195, BIC/SWIFT: BACXCZPP held at UNICREDIT BANK CZECH AND SLOVAKIA a.s. (hereinafter referred to as the "seller's account");
• Online payment gateway operated by third party - GoPay payment system;

4.2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivering the goods at the agreed-upon amount. Unless expressly stated otherwise, the term "purchase price" also includes the costs associated with the delivery of the goods.

4.3. The seller does not require a deposit or any advance payment from the buyer. This provision does not affect the provisions of Article 4.6 of the commercial terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of cash payment or payment on delivery, the purchase price is due upon the takeover of the goods. In the case of non-cash payment, the purchase price is due within 5 days from the conclusion of the purchase contract.

4.5. In case of Money order transfer, the buyer is obligated to pay the purchase price for the goods along with providing the variable symbol of the payment. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.

4.6. The seller is entitled, especially if the buyer does not provide additional order confirmation (Article 3.6) or if the buyer, without stating a reason, did not collect a previous shipment, creating a justified assumption of similar behavior, to demand payment of the entire purchase price before dispatching the goods to the buyer. The provisions of Section 2119(1) of the Civil Code do not apply.

4.7. Any discounts (special offers, discount codes) on the product price provided by the seller cannot be combined.

4.8. If it is customary in commercial transactions or required by generally binding legal regulations, the seller will issue a tax document - an invoice regarding payments made under the purchase contract to the buyer. The Seller is the registered payer of value-added tax (VAT). The seller will issue the tax document - invoice to the buyer after the payment of the purchase price and send it in electronic form to the buyer's electronic address.

5. PURCHASE CONTRACT WITHDRAWAL

5.1. The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, among other things, it is not possible to withdraw from the Purchase Contract for the supply of goods that have been adapted to the buyer's wishes or for his person, from the purchase contract for the supply of goods subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, from the purchase contract for the supply of goods in sealed packaging that the consumer has removed from the packaging, and for hygienic reasons, it cannot be returned, from the purchase contract for the supply of goods that the consumer has tried and for hygienic reasons cannot be returned (underwear, socks), from the purchase contract for the supply of goods that is a ticket to a cultural or similar event, from the purchase contract for the supply of a gift certificate, and from the purchase contract for the supply of sound or image recordings or computer programs if he has violated their original packaging.

5.2. If it is not a case as specified in Article 5.1 or another case where withdrawal from the purchase contract is not possible, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829(1) of the Civil Code within thirty (30) days of receiving the goods. In the case where the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of the takeover of the last delivery of goods. Information about the withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract according to Article 5.2 of the Purchase Terms and Conditions, the Buyer must fill the form available at www.snapbacks.cz/vratka/ or inform the seller by email at [email protected].

5.3. In the event of the Purchase Contract withdrawal according to Article 5.2 of the Commercial terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days from the withdrawal. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular mail due to its nature.

5.4. In the event of withdrawal from the purchase contract according to Article 5.3 of the Commercial Terms and Conditions, the goods must be returned to the seller undamaged, unused, including all labels, markings, and tags, and in the original packaging (damage to the packaging necessary for testing the goods is considered).

5.5. In the case of withdrawal from the contract according to Article 5.2 of the Commercial Terms and Conditions, the seller will refund the funds received from the buyer within fourteen (14) days from the withdrawal from the purchase contract by the buyer, using the same method the seller received from the buyer, if possible. Alternatively, the refund may be made by a Money order transfer to the buyer's bank account, in cases where it is not possible (e.g., cash on delivery to the carrier). The seller is also entitled to refund the payment provided by the buyer upon the return of the goods by the buyer or by another means, with the buyer's consent and without incurring additional costs for the buyer. If the buyer withdraws from the purchase contract, the seller is not obligated to refund the received funds to the buyer before the seller receives the goods back or before the buyer proves that the goods have been sent back, whichever occurs first.

5.6. If the buyer chose a delivery method other than the least expensive one offered by the seller, the seller will refund the buyer the costs of delivering the goods equivalent to the least expensive offered method of delivery.

5.7. The seller is entitled to unilaterally set off the claim for damages incurred on the goods against the buyer's claim for a refund of the purchase price.

 

5.8. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall refund the purchase price to the buyer without undue delay, via money order transfer to an account specified by the buyer.

5.9. If a gift is provided to the buyer together with the goods, a Gift Contract between the Seller and the Buyer is concluded with a resolutive condition that, if the buyer withdraws from the Purchase contract, the Gift Contract regarding such a gift loses its effectiveness, and the Buyer is obliged to return the provided gift to the seller along with the goods.

5.10. The Buyer may cancel the order before the dispatch of the goods by writing to the email [email protected].

6. SHIPPING AND DELIVERY

6.1. In case that Buyer requests special delivery method diferent from standard offer at the Seller Web Interface, the Buyer bears the risks and any additional costs associated with this delivery method.

6.2. If, according to the purchase contract, the seller is obliged to deliver the goods to the location specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

6.3. If, due to 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 cover the costs associated with the repeated delivery of the goods or the alternative delivery method.

6.4. Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging immediately, and in the event of any defects, notify the carrier promptly. In the case of discovering damage to the packaging indicating unauthorized access to the shipment, the buyer is not obligated to accept the shipment from the carrier. This does not affect the buyer's rights regarding product defects and other rights arising from generally binding legal regulations.

6.5. Additional rights and obligations of the parties in the transportation of goods may be governed by special delivery conditions issued by the seller if applicable.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. Rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant statutory provisions (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174b of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The seller guarantees to the buyer that the goods are free from defects upon takeover. In particular, the seller guarantees that goods:

7.2.1. The goods have properties that the parties have agreed upon; and in the absence of an agreement, they have properties that the seller or manufacturer has described, or that the buyer expected given the nature of the goods and based on the advertising they conducted,

7.2.2. The goods are suitable for the purpose for which the seller specifies their use, or for the purpose for which goods of this kind are typically used,

7.2.3. The goods correspond to the quality or performance of agreed sample or model, if the quality or performance was determined according to the agreed sample or model

7.2.4. The goods are in the appropriate quantity, size, or weight, and

7.2.5. the goods comply with the requirements of legal regulations.

7.3. If a defect manifests within 12 months of acceptance, it is presumed that the goods were defective at the time of acceptance.

7.4. The seller has obligations arising from defective performance at least to the extent that the obligations arising from defective performance of the manufacturer persist. Otherwise, the Buyer is entitled to exercise the right from a defect occurring in consumer goods for a period of twenty-four (24) months from delivery. If there is a goods useful life stated on the sold goods, its packaging, in the instructions attached to the goods, or in advertisements in accordance with other legal regulations, during which the goods can be used, the provisions on quality guarantee shall apply. The quality guarantee means that the seller undertakes that the goods will be suitable for usual use for a certain period or will retain their usual properties. If the buyer rightfully raises a defect in the goods to the seller, the period for exercising rights from defective performance or the warranty period does not run for the time the buyer cannot use the defective goods.

7.5. The provisions stated in Article 7.4 of the Commercial Terms and Conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear caused by its normal use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when accepted by the buyer, or if it arises from the nature of the goods. The right from defective performance does not belong to the buyer if the buyer knew before accepting the goods that the goods had a defect, or if the buyer caused the defect themselves.

7.6. Rights from liability for defects in goods are exercised against the seller. However, if another person designated for repair is specified in the confirmation issued by the seller regarding the scope of rights from liability for defects (within the meaning of Section 2166 of the Civil Code), who is located at the seller's place or closer to the buyer's place, the buyer shall enforce the right to repair with the person designated for the repair. Except in cases where another person is designated for repair according to the previous sentence, the seller is obliged to accept a complaint at any store where the acceptance of the complaint is possible with regard to the assortment of products sold or services provided, or at the registered office or place of business. The seller is obliged to provide the buyer with a written confirmation of when the buyer asserted the right, the content of the complaint, and the method of handling the complaint requested by the buyer; and further, a confirmation of the date and method of handling the complaint, including a confirmation of the repair and the duration of its completion, or a written justification for rejecting the complaint. This obligation also applies to other persons designated by the seller to carry out the repair.

7.7. The buyer exercises the rights from defective performance (hereinafter Complaints) with the seller at the address of its establishment as indicated on www.snapbacks­.cz/kde/ or by email sent to [email protected]

7.8. The buyer shall inform the seller of the chosen remedy when reporting a defect or without undue delay after reporting the defect. The buyer cannot change the chosen remedy without the seller's consent, except if the buyer has requested the repair of a defect that proves to be unrepairable.

 

7.9. If the goods do not have the characteristics specified in Article 7.2 of the terms and conditions, the buyer may also demand the delivery of new defect-free goods if it is not unreasonable due to the nature of the defect. However, if the defect concerns only a part of the goods, the buyer may only request the replacement of that part; if this is not possible, the buyer may withdraw from the contract. If, however, this would be disproportionate due to the nature of the defect, especially if the defect can be remedied without undue delay, the buyer has the right to free defect removal. The buyer also has the right to demand the delivery of new goods or the replacement of a part in the case of a remediable defect if the buyer cannot properly use the goods due to the repeated occurrence of the defect after repair or due to a greater number of defects. In such a case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to delivery of new defect-free goods, replacement of its part, or repair of the goods, the buyer may request a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver new defect-free goods, replace its part, or repair the goods, as well as in the case where the seller does not remedy the defect within a reasonable time or if the remedy would cause considerable difficulty to the buyer.

7.10. Additional rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's Complaint procedure.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The Buyer acquires title to the goods upon payment of the full purchase price of the goods.

8.2. The seller is not bound by any codes of conduct towards the buyer within the meaning of Section 1820(1)(n) of the Civil Code.

8.3. The resolution of consumer complaints is handled by the seller through the electronic address eshop@snapbac­ks.cz. The seller will send information about the resolution of the buyer's complaint to the buyer's electronic address.

8.4. The out-of-court resolution of consumer disputes arising from a purchase agreement is within the competence of the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.co­i.cz/cs. The online dispute resolution platform, available at http://ec.euro­pa.eu/consumer­s/odr, can be used to resolve disputes between the seller and the buyer arising from the purchase agreement.

8.5. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evrop­skyspotrebitel­.cz, serves as a 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).

8.6. The seller is authorized to sell goods based on a trade license. The trade inspection is carried out by the relevant trade licensing office within its scope of authority. The Office for Personal Data Protection supervises the protection of personal data. The Czech Trade Inspection Authority exercises, within its defined scope, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7. The buyer hereby assumes the risk of changes in circumstances within the meaning of § 1765(2) of the Civil Code.

9. PERSONAL DATA PROTECTION

9.1. The seller fulfills its information obligation towards the buyer in accordance with Article 13 of Regulation (EU) 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 (General Data Protection Regulation) (hereinafter referred to as "GDPR"), related to the processing of the buyer's personal data for the purposes of fulfilling the purchase contract, negotiating this contract, and fulfilling the seller's public law obligations, through a special document.

10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

10.1. The buyer agrees, in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on certain services of the information society and on the amendment of certain laws (Act on certain services of the information society), as amended, to receive commercial communications from the seller to the electronic address or telephone number of the buyer. The seller fulfills its information obligation towards the buyer in accordance with Article 13 of the GDPR related to the processing of personal data for the purpose of sending commercial communications through a separate document.

10.2. The seller fulfills its legal obligations related to any storage of cookies on the buyer's device through a separate document.

11. DELIVERY

11.1. The seller may deliver goods to the email address provided in their user account or specified by the buyer in the order.

12. FINAL PROVISIONS

12.1. If the relationship established by the purchase agreement includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. The choice of law under the preceding sentence does not deprive the buyer, who is a consumer, of the protection afforded to them by mandatory provisions of the legal order that cannot be derogated from by agreement and that would apply in the absence of a choice of law, pursuant to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.2. If any provision of the Commercial terms and conditions is invalid or ineffective, or becomes invalid or ineffective, the provision that most closely approximates the meaning of the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

12.3. The Purchase Contract, including the Commercial terms and conditions, is archived by the seller in electronic form and is not accessible.

12.4. An integral part of Commercial terms and conditions is a Online form for withdrawing from the purchase agreement.

 

12.5. Seller's contact information: Delivery address SURF & SNOW, s.r.o., Senovážná 6, 110 00 Prague 1, email address eshop@snapbac­ks.cz, phone +420 739 654 469. Responsible manager: Jaroslav Antoň.

In Prague, on January 9, 2024.