Terms and Conditions

General terms and conditions of SNEAKIT Marketplace GmbH for sellers

  1. 1. BRIEF OVERVIEW OF THE SNEAKIT WEBSITE

    1. 1.1SNEAKIT Marketplace GmbH, Perfektastraße 61/2/1, 1230 Vienna, FN 578988d of the Commercial Court of Vienna ("SNEAKIT") operates a website for the purchase of footwear and other apparel ("WEBSITE") under the Internet address www.sneakit.de and www.sneakit.com, respectively. SNEAKIT offers private sellers in the European Union ("SELLERS") the opportunity to sell footwear and other clothing to SNEAKIT. In order to simplify the sales process, SNEAKIT provides the SELLER with a service on the WEBSITE that allows the SELLER to submit offers to SNEAKIT through a predefined product catalog ("SALE INTERFACE").
    2. 1.2SNEAKIT acts as a Seller and Supplier towards persons who conclude purchase contracts based on offers of goods on the WEB SITE ("CUSTOMERS"). SNEAKIT acts as a buyer towards persons who advertise products on the SALE INTERFACE ("SELLER").
    3. 1.3These General Terms and Conditions ("GTC SELLER") conclusively regulate the legal relationship between SNEAKIT and the SELLER. Any general terms and conditions of the SELLER and any declarations and other communication of the SELLER (e.g. by e-mail) deviating from these GTC SELLER shall expressly not become the subject matter of a contractual relationship with SNEAKIT.
  1. 2. SERVICES OF SNEAKIT

    1. 2.1The services offered by SNEAKIT to SELLERS, in addition to the general operation of the SALE INTERFACE, relate in each case to a specific good intended for sale by the SELLER and include, in particular, the following services:
      • Free inclusion of the SELLER's goods in the SALE INTERFACE

      and beyond, provided that a sales contract is concluded between SNEAKIT and the SELLER:

      • Transmission of a shipping label to the SELLER and receipt of the goods from the SELLER.
      • Payment of the purchase price to the SELLER.
    2. 2.2All the above services provided by SNEAKIT to the SELLER are each directed to a specific good intended for sale by the SELLER and may be used by the SELLER once or several times. Between SNEAKIT and the SELLER, a remunerated target debt relationship without a specific term shall arise for each individual good.
    3. 2.3All textual, graphic, pictorial and other services provided by SNEAKIT in the SALE INTERFACE shall remain the property (copyright) of SNEAKIT. SNEAKIT grants the SELLER exclusively the rights expressly designated in these GTC SELLER.
  1. 3. SELLER PROFILE

    1. 3.1In order to place goods in the SALE INTERFACE, the SELLER needs a Seller Profile. The SELLER can open this profile online at any time by providing the required data. SNEAKIT verifies the data provided by the SELLER and activates the profile after positive verification.
    2. 3.2The SELLER must be an adult, legally competent natural person with residence and bank account in the European Union, who is a consumer within the meaning of the Austrian Consumer Protection Act. Other persons are excluded as sellers from the SALE INTERFACE. A SELLER is not entitled to create more than one Seller Profile.
    3. 3.3By opening his Seller Profile, the SELLER agrees to these GTC SELLER as amended from time to time for the period until the SELLER closes his Seller Profile.
    4. 3.4The SELLER undertakes to keep all data concerning him in his Seller Profile up to date at all times and shall bear all consequences of any data not being up to date, such as that money transfers to him may not be possible.
  1. 4. SETTING OF GOODS IN THE SALES INTERFACE

    1. 4.1After opening and activating his Seller Profile, the SELLER may post any quantity of goods at any price and thereby offer them for sale to SNEAKIT. The placement of a good in the SALE INTERFACE shall be deemed a legally binding offer to sell the respective good to SNEAKIT (item 5.1).
    2. 4.2The SELLER undertakes to offer in the SALE INTERFACE:
      1. to place exclusively footwear and other articles of clothing for human use;
      2. to place only immediately available goods;
      3. to place only goods which are in the SELLER's free and unencumbered ownership;
      4. to place only unused, original and new goods;
      5. to list each good under its correct description using the standardized product description provided in the SELLER'S INTERFACE and not to make false or misleading statements about the good; and
      6. not to discontinue any goods if the sale of the goods or their design would violate legal regulations, official orders or morality according to the applicable legal system.
    3. 4.3SNEAKIT is entitled at any time to remove goods from the SALE INTERFACE, to temporarily or permanently block the SELLER or its profile, and to claim any damages from the SELLER, in particular if the SELLER violates its obligations under Section 4.2.
    4. 4.4Offers of goods placed in the SALE INTERFACE may be withdrawn by the SELLER free of charge at any time, provided that SNEAKIT has not yet issued a declaration of acceptance (item 5.2.) for the respective goods.
  1. 5. ORDER AND PAYMENT PROCESSING

    1. 5.1The SELLER hereby grants SNEAKIT the right to call off all goods placed by the SELLER in the SALE INTERFACE and not withdrawn by the SELLER and to purchase them at the price designated by the SELLER in the SALE INTERFACE (subscription right). SNEAKIT shall, at its sole discretion, exercise such Subscription Right with respect to all such Goods.
    2. 5.2The exercise of the Pre-emptive Right by SNEAKIT shall be effected by an automated communication (declaration of acceptance) sent by e-mail to the SELLER, by which the purchase contract between SNEAKIT as Purchaser and the SELLER as Seller shall be concluded. At the same time, SNEAKIT sends the SELLER a shipping label for the shipment of the goods to SNEAKIT (point 6.).
    3. 5.3SNEAKIT shall transfer the purchase price for the respective goods to the SELLER within 3 (three) business days from the receipt of the goods, provided that the goods have, at SNEAKIT's discretion, the characteristics warranted in item 4.2. In the event that the SELLER does not receive the remittance within the aforementioned period, the SELLER shall notify SNEAKIT thereof in writing.
  1. 6. SHIPPING

    1. 6.1Upon receipt of a declaration of acceptance from SNEAKIT pursuant to clause 5.2, the SELLER shall send the respective goods to SNEAKIT immediately, but no later than within three working days, using the shipping label received from SNEAKIT.
    2. 6.2The SELLER shall, on its own responsibility, pack the goods in such a way that they cannot be damaged during shipment to SNEAKIT. A separate mail piece and only the shipping label received from SNEAKIT shall be used for each item.
    3. 6.3No items other than the goods themselves in their original packaging and no notices of any kind may be enclosed with the shipments of goods to SNEAKIT. Any notices from the SELLER in shipments of goods to SNEAKIT shall be deemed not to have been given.
    4. 6.4The shipping costs of the shipment of goods from the SELLER to SNEAKIT shall be borne by SNEAKIT. Provided that the goods are appropriately packaged and the shipping label sent is used, SNEAKIT shall bear the risk of shipping the goods from the SELLER to SNEAKIT.
  1. 7. FEES AND COSTS

    1. 7.1The opening of a Seller Profile and the placement of goods in the SALE INTERFACE, as well as all related services provided by SNEAKIT, are free of charge for the SELLER.
    2. 7.2The SELLER shall only be entitled to a right of set-off if his counterclaims have been legally established by a court or are undisputed or have been acknowledged in writing by SNEAKIT. The SELLER may only exercise a right of retention if the claims result from the same contractual relationship.
  1. 8. GUARANTEES OF THE SELLER

    1. 8.1The SELLER warrants to SNEAKIT that:
      1. the goods posted by the SELLER in the SALE INTERFACE have the characteristics warranted in clause 4.2. and do not interfere with any trademark or other intellectual property rights and personal rights of third parties in accordance with the legal system relevant to them; and
      2. the SELLER is the unrestricted owner of the posted goods and the posting in the SALE INTERFACE does not give rise to any claims for damages or injunctive relief by third parties, including under the Unfair Competition Act (UWG).
    2. 8.2In addition, the statutory warranty provisions and remedies apply. SNEAKIT shall only be entitled to a right of withdrawal from the purchase contract on the statutory grounds.
  1. 9. NO EXCLUSIVITY

    Due to the design of the SALE INTERFACE for a large number of sellers, it is possible and to increase the COMPETITION even desired that there are overlaps in the range of goods offered by sellers. The SELLER agrees that in the SALE INTERFACE also sellers of the same or partially identical range of goods can be present and declares not to claim exclusivity with regard to his own range of goods.

  1. 10. LIABILITY OF SNEAKIT

    1. 10.1SNEAKIT shall be liable to the SELLER for intent and gross negligence without limitation, but for non-crass gross negligence and slight negligence only in case of breach of material contractual obligations and only up to the amount of the purchase price for the relevant transaction received by the SELLER from SNEAKIT. Material contractual obligations of SNEAKIT are such obligations which protect or concern material contractual legal positions of the SELLER which this contract has to grant to the SELLER according to its content and purpose. Furthermore, such contractual obligations of SNEAKIT are essential, the fulfilment of which enables the proper performance of this contract in the first place and on the observance of which the SELLER has regularly relied and may rely. Liability in the event of a breach of such a material contractual obligation shall be limited to the damage typical for this type of contract, the occurrence of which SNEAKIT had to expect upon conclusion of the contract based on the circumstances known at that time.
    2. 10.2In particular, SNEAKIT shall not be liable for damages outside the sphere of SNEAKIT and for other damages for which SNEAKIT is not responsible, for example due to disruptions in data transmission networks, payment systems or the transport of goods.
    3. 10.3In any case, SNEAKIT shall only be liable for the loss of data in accordance with the above paragraphs if such loss could not have been avoided through reasonable data security measures on the part of the SELLER (e.g. safekeeping of access data to the Seller's account in the SALE INTERFACE).
    4. 10.4Furthermore, SNEAKIT's liability towards the SELLER shall not extend to damages caused by improper or incorrect use of the SALE INTERFACE by the SELLER.
  1. 11. AVAILABILITY AND DATA SECURITY

    1. 11.1Due to the maintenance work required from time to time, it cannot be guaranteed that access to the SALE INTERFACE will be possible at all times and without interruptions.
    2. 11.2The IT infrastructure used by SNEAKIT is secured in accordance with the current state of the art, in particular by firewalls. However, the SELLER is aware that there is a risk for all persons involved that unauthorized persons may have access to data located in the transmission path. This applies not only to the exchange of information via e-mail, but to any transmission of data. The confidentiality of data transmitted in the context of the use of the SALE INTERFACE can therefore not be fully guaranteed.
  1. 12. APPLICABLE LAW AND PLACE OF JURISDICTION

    1. 12.1These GTC SELLER and all contracts concluded on the basis thereof shall be governed by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
    2. 12.2The exclusive jurisdiction of the courts having jurisdiction in commercial matters in Vienna, Innere Stadt is agreed. SNEAKIT shall furthermore be entitled to sue the SELLER also at the SELLER's general place of jurisdiction.
  1. 13. FINAL PROVISIONS

    1. 13.1The assignment of rights and obligations arising from the contract concluded on the basis of these GTC SELLER shall require the prior written consent of the respective other party.
    2. 13.2Any deviations from these GTC SELLER and any amendments or additions to the contract concluded on the basis of these GTC SELLER, including this clause 13.2, must be made in writing to be effective.
    3. 13.3The contract concluded on the basis of these GTC SELLER fully reflects the agreements of the parties regarding the subject matter of the contract regulated herein. Subsidiary agreements have not been made.
    4. 13.4The invalidity or unenforceability of one or more provisions of these GTC SELLER shall not affect the validity or enforceability of the remaining provisions of these GTC SELLER. SNEAKIT and the SELLER agree to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the economic intent of the invalid and unenforceable provision and is valid.