OVERVIEW OF THE SNEAKIT WEBSHOP

1.1 These General Terms and Conditions of Sneakit GmbH, Perfektastraße 61/2/1, 1230 Vienna, FN 578988d of the Vienna Commercial Court ("SNEAKIT"), conclusively regulate the legal relationship between SNEAKIT and all visitors to the website operated by SNEAKIT at sneakit.com, in particular all customers who use the webshop operated on this website ("SNEAKIT WEBSHOP") and who conclude purchase contracts with SNEAKIT through the SNEAKIT WEBSHOP ("CUSTOMERS").

1.2 The legal relationship with SNEAKIT resulting from the use of the SNEAKIT WEBSHOP is exclusively governed by these General Terms and Conditions ("AGB CUSTOMERS"). Any general terms and conditions of the CUSTOMER and declarations or other communications from the CUSTOMER that deviate from these AGB CUSTOMERS (e.g., by e-mail) are expressly not part of a contractual relationship with SNEAKIT.

FUNCTIONING OF THE SNEAKIT WEBSHOP

2.1 SNEAKIT offers its CUSTOMERS the possibility to use the SNEAKIT WEBSHOP to purchase the products offered by SNEAKIT there.

2.2 The provider, seller, and supplier of all products in the SNEAKIT WEBSHOP is SNEAKIT itself. All purchase contracts concluded by ordering products in the SNEAKIT WEBSHOP are exclusively between SNEAKIT and the respective CUSTOMER. SNEAKIT therefore becomes the sole contractual partner of the CUSTOMER based on an order and assumes all rights and obligations associated with the contract vis-à-vis the CUSTOMER. SNEAKIT is thus solely entitled to collect the purchase price and shipping costs and solely responsible for fulfilling the contract, particularly the delivery of the ordered products to the CUSTOMER and any CUSTOMER complaints.

2.3 SNEAKIT offers private individuals in the European Union the opportunity to purchase the products listed in the SNEAKIT WEBSHOP from SNEAKIT. SNEAKIT acts as the seller and takes care of the order and payment processing for the CUSTOMER. To use the SNEAKIT WEBSHOP and register (open a customer account), the CUSTOMER must be of legal age and capable of business.

ORDER PROCESS AND CONTRACT CONCLUSION

3.1 The offers of products listed in the SNEAKIT WEBSHOP are non-binding and constitute an invitation to visitors of the SNEAKIT WEBSHOP to submit an offer to SNEAKIT in the form of orders to purchase products. Orders in the SNEAKIT WEBSHOP are a binding offer from the CUSTOMER to SNEAKIT to conclude a purchase contract for the ordered products.

3.2 Based on a CUSTOMER order, SNEAKIT charges the payment method specified by the customer and sends an order confirmation with an invoice to the e-mail address provided by the CUSTOMER. Charging the payment method and sending the order confirmation do not constitute acceptance of the order or the CUSTOMER's offer, nor do they constitute an order confirmation.

3.3 If SNEAKIT accepts an order in the SNEAKIT WEBSHOP in whole or in part, SNEAKIT ships the products to the CUSTOMER and simultaneously sends a shipping confirmation with a tracking number to the e-mail address provided by the CUSTOMER. With the sending of the shipping confirmation, the purchase contract between the CUSTOMER and SNEAKIT is concluded for the products specified in the shipping confirmation. Until a shipping confirmation is sent, no purchase contract exists based on an order in the SNEAKIT WEBSHOP.

3.4 Should SNEAKIT be unable to accept an order in whole or in part, for example, due to the unavailability of a product, SNEAKIT will inform the CUSTOMER without delay, but no later than 14 days from the order, and refund the respective purchase price to the payment method used by the CUSTOMER. SNEAKIT reserves the right to accept and ship orders only partially if not all products included in an order are available. If a shipping confirmation only refers to parts of an order, a purchase contract is concluded only for those parts of the order.

PAYMENT TERMS

4.1 The CUSTOMER must provide their complete data for charging the selected payment method and authorize the payment to complete their order. Before sending the shipping confirmation, SNEAKIT charges the selected payment method from the CUSTOMER and sends the CUSTOMER an invoice for the charged amount by e-mail along with the order confirmation. The CUSTOMER agrees to receive invoices exclusively in electronic format.

4.2 The CUSTOMER is only entitled to offset if their counterclaims have been legally established by a court, are undisputed, or have been expressly acknowledged in writing by SNEAKIT. The CUSTOMER can only exercise a right of retention to the extent that the claims result from the same contractual relationship.

4.3 All delivered products remain the property of SNEAKIT until full payment is made.

4.4 All products in the SNEAKIT WEBSHOP are priced with the final prices for CUSTOMERS, including all taxes.

SHIPPING TERMS

5.1 The expected shipping time is indicated for each product in the SNEAKIT WEBSHOP. The delivery time to the CUSTOMER depends particularly on the shipping method chosen by the CUSTOMER.

5.2 Shipping takes place to the delivery address specified by the CUSTOMER. Only one delivery address can be specified for each order. In the case of incorrect, incomplete, or unclear information provided by the CUSTOMER, they bear all resulting costs and other disadvantages.

5.3 A flat rate for shipping costs per delivery is charged for each order, regardless of the number and weight of the products to be delivered. The amount of the flat rate depends on the shipping method and the country where the delivery address is located. SNEAKIT reserves the right to change shipping costs at any time. The current flat rates for shipping costs are available [here].

5.4 Shipping costs are to be paid to SNEAKIT along with the purchase price. During the ordering process, the available shipping methods and the applicable shipping costs for the order are displayed.

RIGHT OF WITHDRAWAL

6.1 CUSTOMERS can withdraw from the purchase without giving reasons within 14 days of receiving the product and return the unworn items in the undamaged and unchanged original packaging and in an outer carton.

6.2 For returns, the return form (attached to the order confirmation) must be printed, filled out by the CUSTOMER, and included with the return. The CUSTOMER must pack the product so that it is not damaged during transport.

6.3 Following a return received in time before the 14-day withdrawal period expires, processing by SNEAKIT can take up to 7 days. Within a further 7 days, SNEAKIT will refund the CUSTOMER the purchase price to the payment method used for the payment. The shipping costs paid by the CUSTOMER for the return are not refundable.

6.4 Returns not sent in an outer carton and returned products that are not resalable as new (without folds caused by bending shoes, stains, or other damages) - including the undamaged and unchanged original packaging and without use - will be rejected by SNEAKIT. The same applies if accessories are missing for returned products. In these cases, the CUSTOMER has no right to a refund but can request the return of the non-refundable products at their own expense from SNEAKIT.

WARRANTY

7.1 SNEAKIT provides a warranty for delivered products according to legal regulations. SNEAKIT does not provide guarantees or other commitments beyond the legal provisions.

7.2 The basis for the agreed properties of delivered products is exclusively the properties of the product listed in the SNEAKIT WEBSHOP at the time of the order.

7.3 Compensation by SNEAKIT for consequential (defective) damages and other material damages, financial losses, and claims by third parties against the CUSTOMER, unless it is a consumer transaction, is excluded according to the provisions of point 9. (Liability of SNEAKIT).

CUSTOMER ACCOUNT

8.1 Adult and business-capable natural persons can create a customer account with SNEAKIT either during an ordering process or on the registration page in the SNEAKIT WEBSHOP. To register, the full name, a valid e-mail address, and a valid postal address of the CUSTOMER must be provided, and a password for access to the customer account must be defined.

8.2 By registering a customer account during the ordering process, SNEAKIT also stores the personal data of the CUSTOMER specified in the privacy policy.

8.3 CUSTOMERS can log in to the SNEAKIT WEBSHOP with their e-mail address and password and specifically use the following advantages of the customer account:

• Address management: The CUSTOMER can change and manage their address and delivery data.
• Order management: The CUSTOMER can view their completed orders and request invoices.
• Newsletter management: The CUSTOMER can subscribe to the SNEAKIT newsletter, modify and adjust the subscription, or unsubscribe from the newsletter.
• Password management: The CUSTOMER can change their password at any time. This should consist of at least [8 characters and alphanumeric character combinations as well as special characters]. These functions are available at every login with a customer account and regardless of the device used.

8.4 No person may have more than one customer account simultaneously. Multiple customer accounts registered to the same person will be deleted by SNEAKIT without notice.

8.5 CUSTOMERS have the option to log out after each visit to the SNEAKIT WEBSHOP. It is recommended to generally do so, especially when using a device that multiple people have access to or a public computer. If a CUSTOMER has logged out, third parties cannot access the customer account without knowing the e-mail address and password combination.

8.6 The CUSTOMER is liable for any misuse of their customer account caused by them, especially for any damage SNEAKIT suffers due to poor password storage by the CUSTOMER or any other unauthorized access to the customer account.

8.7 Each CUSTOMER is entitled to delete their account at any time. The data associated with the customer account will be stored according to the privacy policy and in accordance with legal requirements beyond the closure of the customer account.

LIABILITY OF SNEAKIT

9.1 SNEAKIT is fully liable to the CUSTOMER for intent and gross negligence, but only for slight negligence in the event of a breach of essential contractual obligations. Essential contractual obligations of SNEAKIT are those obligations that protect the contractual legal positions of the CUSTOMER, which the contract must grant according to its content and purpose. Essential are also those contractual obligations of SNEAKIT whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the CUSTOMER regularly trusted and may trust. Liability for breach of such an essential contractual obligation is limited to the typical contractual damage that SNEAKIT had to expect at the time of contract conclusion based on the circumstances known at that time. Liability for delay remains unaffected.

9.2 SNEAKIT is particularly not liable for damages outside SNEAKIT's sphere and for other damages not attributable to SNEAKIT, such as due to malfunctions of data transmission networks, payment systems, or product transport.

9.3 SNEAKIT is liable for data loss only according to the previous paragraphs and only if such loss would not have been avoidable by appropriate data security measures by the CUSTOMER (e.g., secure storage of access data to the customer account).

9.4 SNEAKIT's liability to the CUSTOMER does not extend to damages caused by improper or incorrect use of the SNEAKIT WEBSHOP by the CUSTOMER.

DATA PROTECTION

10.1 The provisions of the SNEAKIT privacy policy apply, which are an integral and binding part of these AGB CUSTOMERS.

10.2 The IT infrastructure used by SNEAKIT is protected by firewalls according to the state of the art. However, the CUSTOMER is aware that there is a risk that unauthorized persons may access data transmitted. This applies not only to the exchange of information via e-mail but to any data transmission. Therefore, the confidentiality of data transmitted during the use of the SNEAKIT WEBSHOP cannot be fully guaranteed.

AVAILABILITY

11.1 SNEAKIT reserves the right to change the service offering, particularly the SNEAKIT WEBSHOP and the products listed there, at any time.

11.2 Due to maintenance work required from time to time, it cannot be guaranteed that access to the SNEAKIT WEBSHOP is always available without interruptions.

COPYRIGHT

12.1 The entire content of the SNEAKIT WEBSHOP, including text, graphics, logos, button icons, images, audio clips, digital downloads, and data collections, is the property of SNEAKIT or third parties who provide content or have consented to its provision in the SNEAKIT WEBSHOP and is protected by Austrian and international copyright law.

12.2 Without the express written consent of SNEAKIT, no parts of the SNEAKIT WEBSHOP may be reused or extracted. In particular, without the express written consent of SNEAKIT, no data mining or robots or similar data collection and extraction programs may be used to extract any significant parts of the SNEAKIT WEBSHOP for reuse (whether once or multiple times). Furthermore, without the express written consent of SNEAKIT, no own database may be created and/or published that includes significant parts of the SNEAKIT WEBSHOP (e.g., prices or product information).

APPLICABLE LAW AND JURISDICTION

13.1 These General Terms and Conditions, the use of the SNEAKIT WEBSHOP, and all legal transactions concluded through the SNEAKIT WEBSHOP are governed by the law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

13.2 This choice of law ensures that CUSTOMERS who are consumers outside Austria and have their habitual residence in one of the states of the European Economic Area are not deprived of the protection granted by the mandatory consumer protection law of their country of residence.

13.3 The non-exclusive jurisdiction of the courts in Vienna, Inner City, is agreed. Claims by a consumer arising from the mandatory consumer protection laws of their country of residence can be brought either in Vienna, Inner City, or in the EU member state where the CUSTOMER has their residence against SNEAKIT.

GENERAL PROVISIONS

14.1 All references to persons in these AGB CUSTOMERS are gender-neutral and include both the male and female forms.

14.2 The invalidity or unenforceability of one or more provisions of these AGB CUSTOMERS does not affect the validity or enforceability of the remaining provisions of these AGB CUSTOMERS. SNEAKIT and the CUSTOMER undertake to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely achieves the economic purpose of the invalid and unenforceable provision.

14.3 SNEAKIT reserves the right to amend these AGB CUSTOMERS at any time. Changes to the AGB CUSTOMERS will be communicated with a temporary notice on the homepage of the SNEAKIT WEBSHOP, a notification in each customer account, and through additional communication channels (e.g., newsletter). Continued use of the SNEAKIT WEBSHOP is considered acceptance by the CUSTOMER of all changes to these General Terms and Conditions.