TERMS & CONDITIONS

Terms and Conditions

These terms and conditions apply exclusively to the purchase of new goods through www.proslavisty.cz.

I. Introductory Provisions

The following terms and conditions (hereinafter referred to as "T&C") apply to purchases made in the online store at www.proslavisty.cz. They further define and specify the rights and obligations of the seller, who is the owner and operator of the website www.proslavisty.cz, the company ProSKS s.r.o., ID: 242 90 041, with its registered office at 28. Pluku 907/40, Prague 10 - Vršovice, 100 00, phone contact +420 608 940 695. If the contracting party is a consumer, relationships not governed by these terms and conditions are regulated by Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code") and Act No. 634/1992 Coll., on Consumer Protection (hereinafter referred to as "Consumer Protection Act"). If the contracting party is an entrepreneur and acts in concluding an order within the scope of their business or other entrepreneurial activity, the relationship between the seller and the buyer is governed by Act No. 513/1991 Coll., the Commercial Code, as amended. In case of doubt, the operator must prove that they provided the consumer with the information they are obliged to provide.

II. Definition of Terms

Consumer Contract - a purchase contract, a contract for work, or any other contract under the Civil Code, if the contracting parties are, on one side, a consumer and, on the other side, a supplier or seller.

Seller / Operator of the Online Store - a person who, when concluding and performing a contract, acts within the scope of their business or other entrepreneurial activity. This refers to an entrepreneur who directly or through other entrepreneurs supplies the buyer with products or provides services.

Buyer - Consumer - a person who, when concluding and performing a contract, does not act within the scope of their business or other entrepreneurial activity. This can be a natural or legal person who purchases products or uses services for a purpose other than conducting business with these products or services.

III. Ordering of Goods and Contract Conclusion

A purchase contract for the sale of goods in the online store between the seller and the buyer is concluded at the moment of the buyer's order confirmation. By sending (placing) the order, the buyer confirms that they have properly acquainted themselves with these terms and conditions, which are an integral part of the concluded purchase contract. The terms and conditions also include the complaint procedure.

All orders placed through the online store are binding. An order can be modified or canceled after prior telephone or email agreement with the seller, which must be made before the dispatch of the goods. The buyer is informed about the dispatch of the goods via email. To validate the order, all information and details marked as mandatory must be filled in. The seller confirms the order by email; at this moment, the purchase contract is concluded, and mutual rights and obligations arise for the contracting parties in accordance with the valid legal regulations and these terms and conditions, particularly the seller's commitment to deliver the ordered goods to the buyer and the buyer's commitment to pay the agreed purchase price to the seller according to the seller's price list.

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

If an order for which personal pick-up at the store is chosen is not collected by the buyer within 7 days from the date of the order, the seller reserves the right to cancel the order.

The ownership rights to the ordered and delivered goods transfer to the buyer at the moment of their handover to the buyer, provided that the purchase price has been duly paid. Ownership rights will not transfer to the buyer prior to payment of the purchase price.

The seller verifies individual orders by phone or email to eliminate the possibility of false orders to the buyer's address. The seller has the right to reject an order if the buyer repeatedly fails to fulfill their obligation to take over the ordered goods and pay the purchase price for them.

IV. Price and Payment

The prices listed on the website www.proslavisty.cz are stated as final, including VAT. Shipping costs (information on pricing conditions for goods delivery is provided below), which may vary depending on the specific order (depending on the chosen method of delivery), are subsequently added in the order form. The final calculated price after filling out the order form already includes the shipping fee. In the case of a package being sent outside of the European Union, the price may be adjusted based on an exact calculation from the carrier.

The price stated for the goods at the time of ordering by the buyer applies as the price at the conclusion of the contract between the seller and the buyer. The invoice issued based on the purchase contract between the Seller and the Buyer also serves as a tax document and delivery note. In the event that the buyer makes a payment and the seller subsequently is unable to ensure the delivery of the goods, the seller will promptly refund the payment to the buyer in the agreed manner. The deadline for refunding the expended funds depends on the chosen method of refund (bank transfer, postal transfer) but shall not exceed 14 days from the moment this impossibility arose.

V. Delivery Terms

The place of delivery for the goods is the address provided by the buyer in the order. For proper and timely delivery, it is necessary for the address in the order to be accurate and accompanied by a telephone number. Goods can also be delivered to the buyer's workplace; in this case, it is necessary to provide the exact address and telephone number – the goods will be handed over in person after prior phone arrangement. As a delivery option, you can choose one of the branches of Zásilkovna s.r.o. or one of the branches of General Logistics Systems Czech Republic s.r.o. The transportation and delivery of goods to a private address are provided by General Logistics Systems Czech Republic s.r.o. or Zásilkovna s.r.o. Goods are dispatched every working day. In the case of delivery outside the European Union, the carrier is Česká pošta.

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

The seller has the right to change the delivery time of goods depending on external circumstances. The seller will promptly inform the buyer of this fact via email or by phone and will arrange an alternative delivery date with them. If the carrier does not find the buyer at the delivery location, they will make a second attempt at delivery on the following working day.

In the event of receiving an open package or a package with damaged packaging, the buyer is entitled to refuse acceptance and report it directly at the Zásilkovna s.r.o. pick-up point, or to the courier of General Logistics Systems Czech Republic s.r.o., with whom a complaint protocol will be prepared. If, upon unpacking the package, the buyer discovers that the contents have also been damaged or the package is incomplete, they must notify the seller of this within 3 working days via email at: info@prosks.cz.

VI. Payment Terms

The purchase price of goods is governed by the current price lists of the seller and the prices indicated for each item in the online store. Unless otherwise specified for an item, all prices are stated including VAT. The purchase price must always be settled before taking possession of the goods.

For goods customized according to the customer's request (jersey printing, signatures of the A-team, custom production), payment for the goods is required in full in advance. The order will be processed only after the payment has been received in the seller's account.

Payment for goods can be made in cash on delivery, online by credit card on the Comgate payment gateway website (the service provider, ComGate Payments, a.s., is a licensed Payment Institution under the supervision of the Czech National Bank; payments through the payment gateway are fully secure and all information is encrypted, for more information: www.comgate.cz), or by bank transfer to the seller's account. When paying cash on delivery, the purchase price for the goods is paid directly to the courier (the person delivering and handing over the goods). The tax document - invoice for the purchase price is sent electronically to the buyer's provided email address.

If the buyer refuses to accept the goods without a serious reason, they are obliged to reimburse the seller for the costs associated with processing the order, packaging the goods, and their transportation.

These costs are set at 150 CZK + 10% of the price of the ordered goods. After refusing to accept the goods, the buyer will be prompted by the seller via email and phone to pay these costs to account number 276085834/0300, with the order number as the variable symbol. If the specified costs are not credited to the account within 10 working days from the date of notification, the amount will be collected from the buyer.

If the buyer requests re-delivery of the rejected shipment, the shipment will only be dispatched after payment in advance to account number 276085834/0300, with the order number as the variable symbol. The payment for the goods is increased by 150 CZK for postage and packaging.

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

The price for orders to other European Union countries 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 (a natural person not acting in the course of their business), has the right according to § 1829 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, to withdraw from the concluded purchase contract without stating a reason within 14 days from the receipt of the goods.

The withdrawal must be made in writing, and the written withdrawal, along with the goods, must be delivered to the seller at the address of their establishment, at the buyer's expense, without undue delay, no later than 14 days from the withdrawal from the contract. The moment of delivery of the withdrawal and subsequently returned goods to the seller is crucial for assessing compliance with the 14-day period for withdrawal from the contract and for returning the goods. To be effectively withdrawn, the goods must be returned undamaged, in their original packaging, unused, and without any signs of wear.

If the withdrawal from the contract is made in accordance with the above conditions, the seller will refund the purchase price to the buyer's account or by a method agreed with the buyer, within 14 days from the withdrawal from the contract and return of the goods.

When withdrawing from the contract, the buyer bears the costs of returning the goods to the seller in accordance with § 1820 paragraph 1 letter g) of Act No. 89/2012 Coll., as well as in the case of exchanging goods, where a fee for delivery is charged upon re-delivery.

The buyer cannot withdraw from the contract according to the provisions of § 1837 of Act No. 89/2012 Coll. in the current wording, from a contract:

a) for the provision of services, if they were fulfilled with their prior explicit consent before the expiration of the withdrawal period, and the entrepreneur informed the consumer before concluding the contract that they do not have the right to withdraw from the contract in such a case 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 supply of goods made to the consumer's specifications or clearly personalized, as well as goods subject to rapid deterioration, wear or obsolescence, d) for the supply of audio or video recordings and computer programs if the consumer has breached their original packaging, e) for the supply of newspapers, periodicals, or magazines.

For custom-made goods (printed jerseys, covers) and for hygienic reasons regarding underwear and masks, the seller does not exchange sizes and the goods cannot be returned.

 

Complaints Procedure

Art. 1 General Provisions

This Complaints Procedure, in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code, regulates the manner and basic conditions for claiming defects in goods and exercising warranty rights. The Complaints Procedure applies to claims regarding defects in goods within the warranty period.

Art. 2 Definition of Basic Terms

The Seller is understood to be the company ProSKS, s.r.o., with its registered office at 28. Pluku 907/40, 100 00 Prague 10 – Vršovice, ID: 242 90 041. Goods refer to any item purchased through the online shop at the address proslavisty.cz, operated by ProSKS.

A Warranty Certificate is a document issued by the Seller containing the legally required minimum particulars and specifying 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 at their registered office, by email to info@prosks.cz, by telephone, or by any other suitable means, which includes the identification of the buyer and the goods, as well as a description of the defect and its manifestations.

Art. 3 Scope of Warranty

The warranty applies to defects in goods that manifest after the buyer takes possession of the goods during the warranty period.

In the event of the delivery of goods not in conformity with the purchase contract, the buyer has the right to request the seller, free of charge and without undue delay, to bring the item into conformity with the purchase contract. This can be done according to the buyer's request either by replacing the item or by repairing it. If such a procedure is not possible, the buyer may request a price reduction or withdraw from the contract. The seller takes into account a lack of conformity with the purchase contract discovered within six months of the goods being taken over, unless the nature of the item or the nature of the defect suggests otherwise.

In conformity with the purchase contract, it is understood that the sold item has the quality and utility properties required by the contract, described by the seller, manufacturer, or their representative, or expected based on their advertising, or the quality and utility properties usual for an item of the same type, and that it complies with legal requirements, is of the right quantity, measure, or weight, and meets the purpose for which the seller has declared they are providing the item, or for which such an item is usually used. This does not apply if the buyer knew about the non-conformity with the purchase contract, or caused it themselves.

The buyer's claims for warranty rights expire:

• if the defect was not claimed within the warranty period

• in the case of arbitrary changes to the original details in the warranty certificate made by the buyer

• in the case of unprofessional installation, repairs, modifications, or other unprofessional interventions

• in the case of use, maintenance, and handling of the goods in violation of the operating instructions attached to the product by the manufacturer

• by breaking protective labels or seals if the manufacturer affixed them to the product

• by damaging the goods due to elemental forces

• for defects caused by the influence of natural disasters

• for defects that arise from the normal wear and tear of consumables within a specified period of use according to special legal regulations, if such a claim is made after the expiration of this period

Art. 4 Warranty Period

The basic minimum warranty period for consumer goods is determined by Act No. 89/2012 Coll., the Civil Code, and is 24 months. If the warranty period is specified by a special regulation, this warranty period applies, and it must be stated in the item details on the store's website.

The warranty period begins to run from the date the buyer takes possession of the goods. If, according to the order of the buyer or the requirement of the relevant legal regulations, professional installation of the goods is to be carried out by a person competent and authorized to do so, the warranty period begins to run only from the day of the installation of the goods, provided that the buyer ordered the installation of the goods no later than three weeks after taking possession of the goods and duly and timely provided the necessary cooperation.

The time from claiming the goods until the buyer is obligated to take over the goods after the warranty repair is not counted in the warranty period. The buyer will be provided with a confirmation of when they claimed the goods, when the warranty repair was performed, and how long it lasted.

In the event of replacing the goods with new ones or replacing a component covered by the warranty, the warranty period starts again from the date of taking over the new goods (from the date of taking over the goods with the new component). In the case of replacing a component, the new warranty period applies only to this new component.

Art. 5 Warranty Claims

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

• the right to free, proper, and timely removal of the defect if it is removable; the right to exchange the faulty item or its component if it is not disproportionate given the nature of the defect, and if such a procedure is not possible, the right to a reasonable discount on the purchase price or the right to withdraw from the purchase contract

• the right to exchange the faulty item or to withdraw from the purchase contract if the defect is non-removable and prevents the proper use of the item

• the right to exchange the faulty item or to withdraw from the purchase contract if there are removable defects occurring in a larger number or repeatedly, and which prevent the proper use of the item

• the right to a reasonable discount on the purchase price or the right to withdraw from the purchase contract if there are other non-removable defects, and the buyer does not demand the replacement of the item

Art. 6 Complaint Procedure and Handling

The complaint will be handled by the employee of the seller, Marek Vlnas, ProSKS, s.r.o., email: marek.vlnas@proslavisty.cz

A proper, complete, and legibly filled-in warranty certificate confirmed by the seller is a condition for a valid complaint.

Upon receiving the complaint, the buyer will be informed of the most appropriate form and details of the complaint procedure.

A written protocol will be drawn up confirming the acceptance of the complaint and its handling.

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

Art. 7 Final Provisions

This Complaints Procedure and these Terms and Conditions become effective on 1. 9. 2023