1.1 General Terms and Conditions (GTC) for SneakersIcons.com These General Terms and Conditions (referred to as “GTC”) govern the sales contracts between SneakersIcons AG, Zurich, Switzerland (“SneakersIcons AG”) or its affiliates, as specified below (collectively referred to as “SneakersIcons”), and customers (“Customer” or “you”) purchasing products (“Products”) via the web shop “www.sneakersicons.com” (the “Site”) operated by SneakersIcons AG or any other SneakersIcons distribution channel. For customers in Australia or New Zealand, these GTC apply to the rights and obligations between SneakersIcons Oceania Pty Ltd, Victoria, Australia, and the Customer. For customers in Brazil, the GTC govern the relationship between SneakersIcons Brazil Limitada, São Paulo, Brazil, and the Customer. Similarly, customers in Canada, China, Hong Kong, Korea, Malaysia, Philippines, Singapore, Taiwan, Thailand, Japan, the United Kingdom, Northern Ireland, Channel Islands, Falkland Islands, Aktokiri and Dhekelia, St Helena, Tristan de Cunha and Ascension, and the USA will be subject to specific GTC outlined for each region. For customers residing outside the listed countries, the GTC govern the relationship between SneakersIcons AG and the Customer.
1.2 Additional Information about SneakersIcons AG Further information about SneakersIcons AG, including details about the company, can be found on the Site in the Company Information section of the FAQs (https://sneakersicons.com/company_information).
CONCLUSION OF CONTRACT
2.1 Order Placement and Acceptance The presentation of Products and price indications on the Site serves as non-binding invitations to place an order and does not constitute a legally binding offer. The Customer’s order is considered an offer to purchase Products, subject to acceptance by SneakersIcons. SneakersIcons issues a written acceptance confirmation (the “Purchase Confirmation”), and the Contract is formed upon the Customer’s receipt of the Purchase Confirmation, defining the subject matter and extent of the Contract.
2.2 Order Refusal and Changes SneakersIcons reserves the right to refuse, cancel, or modify an order at any time without providing reasons. In case of refusal, any payment made by the Customer will be fully refunded.
2.3 Price Adjustments Customers acknowledge that Product prices may change between order placement and Contract formation. If prices increase, Customers may refuse delivery, and SneakersIcons will refund the purchase price.
2.4 Order Modifications or Cancellations Customer-requested changes or cancellations are valid only if confirmed in writing by SneakersIcons. Costs incurred by SneakersIcons may be charged to the Customer.
PRICE AND TERMS OF PAYMENT
3.1 Pricing and Payment Customer pays prices in the indicated currency at the time of order acceptance. Prices on the Site include VAT but exclude shipping and import duties. SneakersIcons may change, limit, or terminate special offers or discounts at its discretion. Payment methods include credit card, Apple Pay, PayPal, and, for selected countries, invoice or instant bank transfer via Klarna or Billpay.
3.2 Payment Processing SneakersIcons charges credit or debit cards upon Product shipment. In case of default in payment, SneakersIcons may suspend further deliveries until payment is received.
4.1 Product Delivery Delivery methods and expected times vary by country. Delivery dates provided by SneakersIcons are non-binding estimates. SneakersIcons may perform partial deliveries, and the Customer accepts such deliveries.
4.2 Damaged Products If Products are damaged during transport, Customers must notify the carrier and contact SneakersIcons’ Customer service promptly.
RISK AND RETENTION OF TITLE
5.1 Risk and Ownership The risk of loss or damage to Products passes to the Customer upon Contract formation. Products remain SneakersIcons’ property until full payment is received.
Returns and Withdrawal
6.1 General Information: Customers have the right to withdraw from the Contract within 14 days (the “Notice Period”) from the day on which they, or a third party designated by them (other than the carrier), took possession of the Products without giving any reasons. To exercise the right of withdrawal, customers must notify SneakersIcons by sending an unequivocal declaration (e.g., letter via post or email). Contact details can be found here: sneakersicons.com/about-us3. Customers may use the form attached in Annex 1 for these purposes but it is not required. To make use of the right of withdrawal, notice must be sent before the expiration of the Notice Period.
6.2 Consequences of withdrawal: If customers withdraw from the Contract, SneakersIcons will refund all payments received, including delivery costs (except any additional costs incurred as a result of choosing a delivery method other than the lowest-cost standard delivery offered by SneakersIcons), without undue delay and at least within 14 days from the day on which SneakersIcons received the notice of withdrawal. SneakersIcons will process any reimbursement using the same means of payment as the customer used for the order. No fees will be charged for the refund. SneakersIcons may withhold the refund until it has received the Products or until the customer has provided proof of returning the Products (whichever occurs earlier). Customers are required to return all Products without undue delay, but at least within 14 days from the day on which they submit the notice of withdrawal. Customers may use the return shipping label provided by SneakersIcons; otherwise, they will be required to pay the return shipping costs. Customers will be required to cover any depreciation in the value of Products if the depreciation is attributable to their improper handling of the Products when examining their condition, properties, and function.
6.3 Exclusions: The right of withdrawal is excluded for contracts on the supply of goods (i) which are made to the consumer’s specifications or are clearly personalized or (ii) which are liable to deteriorate or expire rapidly or (iii) which are sealed and are not suitable for return due to health protection or hygiene reasons, provided they were unsealed after delivery.
Contract Cancellation and Returns
7.1 Cancellation and Return Period: Without prejudice to the EU Customer’s statutory right of withdrawal as outlined in Section 6, Customers may cancel a Contract and return any delivered Product to SneakersIcons for any reason, provided that Customer notifies SneakersIcons in writing within thirty (30) calendar days of the delivery date.
7.2 Return Request Process: To notify SneakersIcons about such a return request and initiate the return process, Customers must follow the process as described on the Site in the Returns and Exchanges section of the FAQs (https://sneakersicons.com/returns_and_exchanges).
7.3 Return Conditions: The Products must be returned to SneakersIcons in their original condition, meaning unused, undamaged, clean, and in the original packaging.
7.4 Refund Process: Once Customer has notified SneakersIcons about its intention to cancel the Contract and return the Products in accordance with Sections 7.1 to 7.3 above, any sum debited by SneakersIcons will be refunded within thirty (30) calendar days of the receipt of the returned Product at SneakersIcons’ warehouse.
7.5 Product Exchange: Customers may exchange the ordered Product for another Product under certain conditions at SneakersIcons’ discretion, as further described on the Site in the Returns and Exchanges section of the FAQs (https://sneakersicons.com/returns_and_exchanges). Exchange is always subject to stock availability. The Product to be exchanged must be returned in accordance with SneakersIcons’ return policy set out in Sections 7.1.-7.4 above.
8.1 Defects and Replacements: For defects resulting from production or material errors, SneakersIcons shall provide the customer with a replacement product free of charge. All further warranty or guarantee claims are expressly excluded. The customer’s obligation to inspect the wares and declare any defects, along with the warranty period, are based on statutory regulations. Product information (descriptions, videos, images, etc.) does not constitute any guarantee of certain properties. The transfer of warranty claims is excluded.
8.2 Warranty Claim Process: To exercise a warranty claim, the customer must fill out the complaint form with all the necessary information and submit this along with the evidence required (https://customer-service.sneakersicons.com/warranty_claims/new). All claims will be assessed on a case-by-case basis. All SneakersIcons products have a lifespan depending on the model, the materials used, and the individual use of the product. The warranty does not extend to defects due to the wrong fit, normal wear and tear, exceeding the product’s lifespan, or damage caused by improper, incorrect, or negligent use or changes to the product. Furthermore, the warranty does not extend to defects in products not ordered from the SneakersIcons website.
Limitation of Liability
9.1 Direct Damages: SneakersIcons shall only be liable for direct damages if the Customer proves that SneakersIcons, its auxiliaries, or any third parties instructed by SneakersIcons have acted with gross negligence or with unlawful intent. In any event, SneakersIcons’ liability shall be limited to the purchase prices of the relevant Product under the Contract.
9.2 Exclusion of Further Liabilities: Any further liabilities of SneakersIcons, its auxiliaries, or any third parties instructed by SneakersIcons, for damages of any kind, including but not limited to loss of production, loss of use, loss of orders, loss of profits, or any other indirect or consequential damages, are explicitly excluded.
11.1 Contract Language: The Contract language is English, and the English version shall prevail. Contract documents in a language other than English are provided for informational purposes only.
11.2 License Numbers: SneakersIcons’ license numbers are as follows: (1) for packaging waste: FR2682987_01lWEE (CITEO) and (2) for product waste FR2682987_11SSSU (Refashion).
11.3 Assignment of Rights and Obligations: SneakersIcons may transfer, assign, or sub-contract all or any rights and obligations under these GTC and any Contract. The Customer may not sub-contract, assign, or otherwise transfer any of its rights or obligations under these GTC or any Contract without the written consent of SneakersIcons.
11.4 Non-Enforcement: Failure by SneakersIcons to enforce any provision of these GTC shall not be construed as a waiver of such provision, nor affect the validity of the GTC or any right thereunder.
11.5 Force Majeure: SneakersIcons shall not be liable for failure or delay in performing its obligations under these GTC to the extent that such failure or delay is due to reasons beyond its control.
11.6 Severability: If any provisions of these GTC are found to be invalid, illegal, or unenforceable, the remaining provisions shall not be affected or impaired. SneakersIcons and Customer shall agree to a replacement provision as close as legally permissible to the provision found invalid, illegal, or unenforceable.
11.7 Waiver of Offset: Customer waives the right to offset any claims against SneakersIcons.
11.8 GTC Modification: SneakersIcons reserves the right to modify these GTC from time to time. The GTC in force at the time the Customer places its Order shall apply.
Governing Law and Jurisdiction
12.1 Governing Law: Contractual relations covered by these GTC between SneakersIcons and the Customer shall be governed by thai law to the exclusion of international treaties, particularly the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG).
12.2 Jurisdiction: All conflicts and disputes arising under or in connection with the contractual relationship between SneakersIcons and the Customer shall be submitted to the exclusive jurisdiction of the courts of Zurich, Canton of Zurich, Switzerland. SneakersIcons shall be entitled to alternatively sue the Customer at the competent court at the Customer’s domicile.
12.3 Consumer Rights: The choice of law and jurisdiction in Section
12.1 above shall not apply if and to the extent that the Customer qualifies as a consumer within the meaning of Thai law or any other applicable legislation, and therefore is mandatorily entitled to (i) invoke the application of the local law of the Customer’s country of residence; and/or (ii) submit any disputes under or in connection with the Customer’s contractual relationship with SneakersIcons to the competent courts of the Customer’s place of residence.
12.4 Statutory Rights: Any statutory rights which the Customer may have, and which cannot be excluded or limited, will not be affected by these GTCs. Version dated November 2023