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Terms and conditions

These terms and conditions apply only when ordering from www.proslavisty.cz.

I. Introductory provision

While ordering from www.proslavisty.cz, the following terms and conditions apply, which further specify and limit the rights and obligations of the seller, in this case, the owner and operator of www.proslavisty.cz , the company ProSKS s.r.o., ID: 242 90 041 based in 28. pluku 907/40, Prague 10- Vršovice, 100 00. If the consumer is the contracting party, the contract proceeds under law no. 634/1992 Sb. concerning the protection of the consumer. In case of the seller being the contracting party and the dealings concerning the contract or other business activity are being made within their commercial or other business activity´, the relationship between seller and customer follows law no. 513/1991 Sb., Commercial Code, all as amended. In the case of doubt, the seller is required to prove the customer had been properly informed.

 

II. Definitions

Consumer contract - a purchase contract, a contract for service (work), or other contracts according to the Civil Code, if the contracting parties are the consumer on the one side and the supplier (resp. seller) on the other side.

Seller/operator of an online store - a person who acts within the scope of his business or other entrepreneurial activity when concluding and fulfilling a contract. These are entrepreneurs who directly or through other entrepreneurs supply the buyer with products or provide services.

Buyer - the consumer - a person who does not act within the scope of his business or other entrepreneurial activity when concluding and fulfilling a contract. It is a natural or legal person who purchases products or uses services for a purpose other than doing business with those products or services.

 

III. Ordering goods and concluding a contract

The purchase contract for the sale of goods in the online store between the seller and the buyer is concluded at the time of confirmation of the buyer's order. By making an order on the side of the buyer, the buyer confirms that he has fully acquainted himself with these business conditions, which are an integral part of the concluded purchase contract. A part of the business conditions is also the Complaints Procedure.

All orders placed through the online store are binding. The order can be changed or canceled after prior telephone or email agreement with the seller, which must be made before dispatch of the goods. The buyer is informed by email about the shipment of goods. All data and requisites marked as mandatory must be filled in for the order to be valid. The seller will confirm the order by e-mail; at this time, the purchase contract is concluded and the parties have mutual rights and obligations in accordance with applicable law and these terms and conditions, in particular the seller's obligation to deliver the ordered goods to the buyer and the buyer's obligation to pay the seller the agreed purchase price according to the seller's price lists.

If the order, for which the method of payment by bank transfer is chosen, is not paid by the buyer within 7 days from the date of the order, the seller reserves rights to cancel the order.

If the order, which is chosen to be picked up in person at the store, is not taken over by the buyer within 7 days from the date of the order, the seller reserves the rights to cancel the order.

Ownership of the ordered and delivered goods passes to the buyer at the time of its handover to the buyer under the conditions of proper payment. Ownership will not be passed to the buyer before the payment of the purchase price.

Individual orders are verified by the seller by telephone or e-mail in order to exclude the possibility of false orders to the buyer's address. The seller has the right to reject the order if the buyer has repeatedly failed to fulfill its obligation to take over the ordered goods and pay the purchase price for it.

 

IV. Price and payment

The prices listed on the website www.proslavisty.cz are final, including VAT. Transport costs (information of the price conditions for the transport of goods are given below), whose amount may vary according to the specific order (depending on the choice of transport method), are then added in the order form. The final calculated price after filling in the order form is already stated, including shipping.

The price stated for the goods at the time of ordering the goods by the buyer applies as the price when concluding the contract between the seller and the buyer. The invoice issued on the basis of the purchase contract between the Seller and the Buyer also serves as a tax document and delivery note. In case that the Buyer makes the payment and the Seller is subsequently unable to ensure the delivery of the goods, the Seller shall immediately return the performance to the Buyer in the agreed manner. The time limit for reimbursement of funds spent depends on the chosen method of reimbursement (bank transfer, postal transfer), but may not exceed 14 days from the moment when this impossibility arose.

 

V. Delivery conditions

The place of delivery of goods is the address given by the buyer in the order. For proper and timely delivery, it is necessary that the address in the order is given exactly and together with the telephone number. Goods can also be delivered to work; even in this case, it is necessary to state the exact address and telephone number - the goods will be delivered in person by prior telephone agreement. For delivery, it is possible to choose one of the branches Zásilkovna s.r.o. Transportation and delivery of goods to a private address is provided by General Logistics Systems Czech Republic s.r.o. The goods are shipped every working day.

Delivery time for ordered goods, which are in stock, is 3 working days, not counting the day of ordering, from order confirmation in case of cash on delivery or card and 3 days from payment of the purchase price for goods in case of payment to the seller's account (unless for specific goods stated otherwise, the delivery time is always governed by the goods with the longest delivery time).

The seller has the right to change the deadline for delivery of goods depending on external circumstances. The seller shall immediately notify the buyer of this fact by e-mail, or by telephone, and agree with him on an alternative date for the delivery of the goods. If the carrier does not reach the buyer at the place of delivery, he will make a second attempt at delivery the next working day.

In case of delivering an open consignment or a consignment with damaged packaging, the buyer is entitled not to accept the consignment and to complain about it directly at the delivery point Zásilkovna s.r.o., resp. at the courier of General Logistics Systems Czech Republic s.r.o., with whom he will write a complaint report. If, after unpacking the consignment, the buyer finds out that the contents of the consignment have been damaged or the consignment is incomplete, he is obliged to notify the seller about this fact within 3 working days, by e-mail at: info AT prosks DOT cz

 

VI. Payment Terms

The purchase price of the goods is governed by the valid price lists of the seller and the prices stated for individual goods in the online store. Unless otherwise stated for the goods, all prices of the goods are listed with VAT. The purchase price must always be paid before taking over the goods.

For goods modified according to the customer's request (jersey prints, individual glass sandblasting, A-team signatures) payment in advance is required in full, the order will be processed.only after receiving the payment to the seller's account.

Payment for the goods can be made in cash on delivery, by credit card directly on the website or by cashless payment to the seller's account. When paying by cash on delivery, the purchase price for the goods is paid to the courier (the person delivering and handing over the goods). Tax document - the invoice for the purchase price is sent electronically to the specified email address of the buyer.

If the buyer refuses to take over the goods without a serious reason, he is obliged to reimburse the seller for the costs associated with processing the order, packaging the goods and transporting them.

These costs are set at 150 crowns + 10% of the price of the ordered goods. After refusing to accept the goods, the buyer will be asked by the seller by email and telephone to pay these costs on account number 276085834/0300, as a variable symbol will state the number of the order. If the specified costs are not credited to the account within 10 working days from the date of the call, the amount will be recovered from the buyer.

If the buyer requests the delivery of the rejected shipment again, the shipment is made only after payment in advance to the account 276085834/0300, the buyer will state the number of the order as a variable symbol. Payment for goods is increased by 150 crowns for postage and packing.

The price of transport, packaging and cash on delivery is not part of the purchase price and is paid in addition to the purchase price according to the seller's price list.

The price for an order to other countries of the European Union and outside the European Union is displayed after entering the relevant country in the contact form.

 

VII. Return of goods - withdrawal from the contract

The buyer, who is in the position of a consumer (natural person non-entrepreneur) has the rights, according to the provisions of § 1829 paragraph 1 of Act No. 89/2012 Coll. of the Civil Code, to withdraw from the concluded purchase contract without giving a reason within 14 days of receipt of the goods.

The buyer is obliged to make the withdrawal in writing and then deliver the written withdrawal together with the goods at his own expense back to the seller at the seat of his establishment, without undue delay, no later than 14 days from the withdrawal from the contract. To assess compliance with the 14-day period for withdrawal from the contract and return of goods, the moment of delivery of the withdrawal and then the returned goods to the seller. For effective withdrawal, the goods must be returned undamaged, packed in the original packaging, unworn and without any signs of use.

If the withdrawal from the contract is made in accordance with the above conditions, the seller will return the purchase price paid to the buyer on his account or in a manner agreed with the buyer within 14 days of withdrawal and return of goods.

Upon withdrawal from the contract, the buyer pays the cost of delivery of the returned goods to the seller in accordance with the provisions of § 1820 paragraph 1 letter g) of Act No. 89/2012 Coll., As in the case of exchange of goods, when re-delivery is charged .

The buyer cannot withdraw according to the provisions of § 1837 of Act No. 89/2012 Coll. as amended from the contract:

(a) for the provision of services, if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and the trader has informed the consumer before the conclusion of the contract that in such a case he has no right of withdrawal

b) for the supply of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the supplier,

c) for the delivery of goods modified according to the wishes of the buyer or for his person, as well as goods that are subject to rapid destruction, wear or obsolescence,

d) for the delivery of audio and video recordings and computer programs, if the buyer has broken their original packaging,

e) for the supply of newspapers, periodicals and magazines

For goods made to order (printed jerseys) and for hygienic reasons for underwear, the seller does not change the sizes.

 

Complaints Rules

Article 1 General provisions

These Complaints Rules, in accordance with the provisions of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter the "Civil Code"), regulate the method and basic conditions for claiming defects in goods and asserting warranty claims. The complaint procedure applies to complaints about defects in goods that are within the warranty period.

 

Article 2 Definition of basic terms

The seller means the company ProSKS, s.r.o, with its registered office at 28. Pluku 907/40, 100 00 Prague 10 - Vršovice, IČ 242 90 041. Goods means any item purchased through the e-shop at proslavisty.cz, operated by ProSKS.

The warranty card is a document issued by the seller containing the minimum requirements stipulated by law and setting out the specific conditions and scope of the warranty for the goods.

A complaint is the notification of a detected defect made by the buyer to the seller in writing to the address of its registered office, by e-mail to info AT prosks DOT cz, by phone or other suitable form, which includes identification of the buyer and goods and a description of the defect and its manifestations.

 

Article 3 Scope of warranty

The warranty covers defects in the goods that appear after the goods have been taken over by the buyer during the warranty period.

In case of delivering the goods in violation of the purchase contract, the buyer has the right to have the seller, free of charge and without undue delay, return the item to the condition corresponding to the purchase contract, according to the buyer's request either by exchanging the item or repairing it; if such a procedure is not possible, the buyer may request a discount on the price of the item or withdraw from the contract. The Seller takes into account the discrepancy with the purchase contract found within six months from the receipt of the item, unless it follows from the nature of the item that the Buyer had to find out the existence of the discrepancy already upon its receipt. Compliance with the purchase contract means, in particular, that the item sold has the quality and useful properties required by the contract, described by the seller, manufacturer or his representative, or expected on the basis of advertising, or the quality and useful properties usual for the item. Regulations, is in the appropriate quantity, measure or weight and corresponds to the purpose stated by the seller for the use of the thing or for which the thing is usually used. However, the above does not apply if the buyer knew about the conflict with the purchase contract or caused the conflict himself.

The buyer's warranty claims expire:

- if the defect was not claimed during the warranty period

- in case of arbitrary changes of the original data in the warranty card made by the buyer

- in case of unprofessional installation, repairs, modifications or other unprofessional interventions

- when using, maintaining and handling the goods in contravention of the operating instructions supplied with the product by the manufacturer

- breach of protective labels or seals, if the manufacturer has provided the product with them

- damage to goods by the elements

- defects caused by natural disasters

- for defects caused by normal wear and tear of consumer goods with a specified period of use according to special legal regulations, if such a complaint is made after the expiration of this period

 

Article 4 Warranty period

The basic minimum warranty period for consumer goods is set by Act No. 89/2012 Coll. of the Civil Code and is 24 months. If the warranty period is stipulated by a special regulation, this warranty period applies, which must be stated in the detail of the goods on the store's website.

The warranty period starts from the receiving of the goods by the buyer. If it is to be according to the buyer's order, or according to the requirements of relevant legal regulations, professional installation of goods by a person qualified and authorized, the warranty period begins to run from the date of installation of goods, if the buyer ordered the installation of goods no later than three weeks after receiving the goods and properly and timely provided the necessary cooperation .

The warranty period does not include the time from the claim of reclamation of the goods to the time when the buyer is obliged to take over the goods after the end of the warranty repair. The buyer will receive a document with a confirmation of when the goods were claimed, the warranty repair and its duration.

If the goods are replaced with new ones or the part for which the warranty is provided is replaced, the warranty period starts again from the receipt of the new goods (from the receipt of the goods with the new part). When replacing a part, the new warranty period applies only to that new part.

 

Article 5 Warranty claims

In case of a justified complaint, the buyer is entitled to warranty claims arising from the Civil Code, or other legislation. The buyer has in particular:

- the right to have the defect remedied free of charge, properly and in good time, in the case of a remediable defect, the right to replace defective goods or defective parts, unless this is disproportionate due to the nature of the defect, and if such a procedure is not possible; purchase price or withdraw from the purchase agreement

- the right to exchange defective goods or to withdraw from the purchase contract, if it is an irreparable defect preventing the proper use of the goods

- the right to exchange defective goods or to withdraw from the purchase contract in the case of remediable defects occurring in large numbers or repeatedly and preventing the proper use of the goods

- the right to a reasonable discount on the purchase price or to withdraw from the purchase contract if the other defects are irremediable and if the exchange does not require a thing

 

Article 6 Method of complaint and its settlement

Complaints are handled by the employee of the seller: Marek Duda, ProSKS, s.r.o., e-mail: marek.duda AT prosks DOT cz.

The condition for a proper complaint is the submission of a correct, complete and legibly filled out warranty card confirmed by the seller.

Upon receipt of the complaint, the buyer will be notified of the most appropriate form and details of the complaint procedure.

A written report will be drawn up on the acceptance of the complaint and on its settlement.

The complaint period is thirty days from the date of filing the complaint, unless otherwise agreed with the buyer.

 

Article 7 Final provisions

This complaint procedure takes effect on August 1, 2012.

Last modified: July 20, 2020

ProSKS s.r.o.