Terms and Conditions
Shop operator: PRESCO GROUP, a.s., Severozápadní V 520/62
Phone contact: +420 222 922 040
ID NO.: 63985161
Registered: at the Registry Court in Prague, Section B, Insert 12070
Supplier of goods: PRESCO GROUP, a.s., Severozápadní V 520/62
ID NO.: 63985161
Registered: at the Registry Court in Prague, Section B, Insert 12070
(hereinafter referred to as the "Seller")
Bank account: 1387405647/2700 PRESCO GROUP CZK
I. General provisions
- These terms and conditions apply to the ordering of goods from the online shop www.pg.cz and regulate the mutual relationship between the seller and another natural or legal person (hereinafter referred to as the "buyer"). If the contracting party is a natural person who is not acting within the scope of his trade or other business activity or within the scope of his independent exercise of his profession (hereinafter referred to as the "consumer"), the rights and obligations that are not further regulated by these terms and conditions are governed by Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll., on Consumer Protection, as amended.
- The Seller shall deliver the goods to the Buyer on the basis of an order made electronically, by telephone or in any other way using means of distance communication. The order must contain, in addition to other particulars contained in the Seller's forms, at least the specification of the Buyer, the goods ordered from the Seller's offer and the quantity of goods ordered. Distance communication between the Seller and the Buyer, in particular telephone charges, shall not be charged by the Seller in excess of the basic rate charged by the relevant service provider. The costs thus incurred by the Buyer in connection with the use of means of distance communication shall be borne solely by the Buyer.
- The Seller assumes in good faith that the Buyer has made the selection of the goods and their quantity of his free will and average user knowledge of the relevant product, which he has confirmed by sending the order.
II. Order and conclusion of the purchase contract
- An order for goods created on the website of the online store is a proposal for the conclusion of a purchase contract. Before sending the order, the buyer is allowed to check and change the data he has entered in the order. All orders received are binding for the buyer, even if the buyer does not provide his e-mail address and other required data or enters them in the wrong form. If the Buyer has provided an email address or mobile phone contact in the order, the Buyer will receive an immediate notification of acceptance of the order; however, this notification does not constitute acceptance of the order by the Seller. Confirmation of acceptance of the order shall be sent by the Seller to the Buyer at the e-mail address provided only after the Seller has verified the availability of the ordered goods and other facts, usually within two (2) working days after receipt of the order. Upon delivery of the order confirmation, the purchase contract is concluded.
- The Seller shall be entitled to verify any order, in particular in order to complete certain data with the Buyer (quantity of goods, amount of the purchase price, estimated shipping costs) and to ask the Buyer for additional confirmation of the order (for example, in writing by e-mail or by telephone). Pending express confirmation of the acceptance of the order, the Seller is entitled to refuse or not to fulfil the order in question, in particular if the ordered goods are not currently available, if the Seller believes that the fulfilment could damage its reputation, or if it has any doubts about the Buyer and its ability to fulfil its obligations towards the Seller (in particular due to the refusal to take over an earlier order, the existence of overdue obligations towards the Seller, overrunning of the credit limit, insolvency proceedings initiated against the Buyer, etc.). The Buyer acknowledges that the Seller is not obliged to conclude the Purchase Agreement.
- The concluded Purchase Contract is electronically archived by the Seller for the purpose of its proper execution and is not accessible. Information on the individual technical steps leading to the conclusion of the contract is derived from the ordering process in the online shop www.notique.cz. Any modification of the purchase contract requires a written form, at least in electronic form, made by means of remote communication.
III. Delivery conditions, delivery date
- The place of fulfilment is the address of the Seller's premises listed in the contacts section, unless the Buyer specifies another place of delivery of the goods in the order or chooses personal pick-up in some other premises of the Seller according to the options provided in the order for the relevant goods.
- Delivery of the goods is provided by the Seller to the specified address within the whole Czech Republic. The cost of transport of goods varies according to the chosen method of transport. The specific method of delivery is chosen by the buyer himself when creating the order.
- The Seller shall deliver the goods within the period specified in the order confirmation. If the Seller has the ordered goods in stock, the delivery time to the place of performance specified by the Buyer is usually 3 working days after the confirmation of receipt of the order, depending on the chosen place and method of delivery. In some cases, the Seller may extend the delivery time, of which it shall inform the Buyer without undue delay.
- The shipment of the goods shall normally contain a delivery note, instructions for use of the product in the Czech language, if required by the relevant legislation, and a warranty certificate (if the manufacturer encloses one). If the seller does not enclose a warranty certificate with the product, but has assumed the warranty by marking the warranty period or the shelf life or durability of the item on the packaging, the relevant packaging and the tax document - invoice - are sufficient to claim the goods within the warranty period.
- Upon receipt of the goods from the carrier, the seller recommends the buyer to thoroughly inspect the goods immediately upon receipt. In case the packaging is damaged or other facts appear which indicate that the goods themselves may be damaged, the buyer is entitled not to accept the shipment or to draw up a report on the damage to the shipment with the driver of the transport service. A written record of the damage will facilitate the settlement of any claim. By signing the delivery note to the carrier, the customer agrees to accept the goods and confirms that the shipment is not damaged in any way.
- Title to the goods passes to the buyer on the date of delivery or payment for the goods, whichever is later.
IV. Purchase price, payment terms, discounts
- The purchase price for the respective ordered goods is always stated on the website without VAT and including VAT, includes all related costs and is valid at the time of sending the order, unless otherwise agreed in a particular case.
- Together with the purchase contract, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. The method and, depending on it, the price of delivery of the goods shall be chosen by the buyer at the conclusion of the contract. If the delivery costs cannot be determined in advance (especially for non-standard or very large goods), they may be charged additionally by the seller. Unless expressly stated otherwise, the purchase price in these terms and conditions shall also include the costs associated with the delivery of the goods. Installation of the goods and assembly are not part of the purchase contract and therefore not part of the purchase price.
- The Seller reserves the right to change prices. If, after ordering the goods, the Seller does not have the goods available at the originally offered price (e.g. due to the sale of all goods in a discounted event), the Seller shall notify the Buyer of this fact without undue delay. In such case, the Buyer is not bound by the original order and may cancel the order if it does not agree with the new price. If the Buyer has already paid the purchase price or part of it, it will be refunded immediately, or in the case of ordering other goods at a lower purchase price, the Buyer will be refunded the difference between the original and the new purchase price of the goods.
- The purchase price of the goods will be paid by any of the methods chosen by the Buyer in the order form or by any other method communicated to the Seller, in particular cashlessly via a payment portal, by card, by bank transfer, in cash or on delivery upon receipt of the goods, in cases approved by the Seller also on the basis of an invoice within the time limit specified therein. If the purchase price is to be paid by wire transfer, the Buyer shall pay the purchase price together with the variable symbol of the payment; the Buyer's obligation to pay the purchase price shall be fulfilled in such case at the moment of crediting the relevant amount to the Seller's account.
- Discounts may be granted to regular customers or in the case of large purchases of goods in excess of the prices and discount promotions listed in the online offer for the goods in question. These loyalty and quantity discounts will be agreed individually between the Buyer and the Seller and their granting is at the Seller's discretion.
- On the basis of the purchase contract, the Seller shall issue a tax document - invoice to the Buyer. The Seller is a payer of value added tax. The Seller shall send the tax document - invoice to the Buyer in electronic form to the Buyer's electronic address specified in the order or in paper form together with the goods.
- According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest.
V. Withdrawal from the contract, exchange of goods
- If the contract has been concluded by means of distance communication (in particular by electronic order), the buyer - consumer has the right to withdraw from the contract without giving any reason and without any penalty within 14 days of receipt of the goods. In the case of a contract whose subject matter is several types of goods or the delivery of several parts, the period of 14 days starts from the date of receipt of the last delivery of goods. In the case of a contract for the regular and repeated delivery of goods, the period of 14 days shall begin to run from the date of receipt of the first delivery of goods. This right of withdrawal shall not arise in the case of the purchase of goods by an entrepreneur in the course of his business.
- In order to exercise the right of withdrawal, the buyer must inform the seller of his withdrawal within the aforementioned period of fourteen (14) days by unilateral legal action, namely
- by post to the address of the office of PRESCO GROUP, a.s. U Pekařky 484/1a, 180 00 Prague 8
- to the e-mail address firstname.lastname@example.org
- The buyer can electronically fill out and submit the sample withdrawal form located HERE. In order to comply with the withdrawal deadline, it is sufficient to send the withdrawal before the expiry of the relevant deadline.
- In the event of withdrawal, the consumer shall bear the costs of returning the goods and, in the case of a contract concluded by means of distance communication, the costs of returning the goods if they cannot be returned by normal postal means due to their nature.
- Where the contract is for the provision of services the performance of which has already begun, the buyer shall, in the event of withdrawal from the contract, pay the seller a proportionate part of the price of the goods.
- However, the buyer-consumer may not withdraw from the contract without giving reasons in the cases referred to in Section 1837 of the Civil Code.
- If the buyer-consumer withdraws from the contract, the seller shall return to the buyer without undue delay, but no later than 14 days after the withdrawal, all funds, including delivery costs, received from the buyer on the basis of the contract. The Seller is also entitled to return the funds received to the Buyer in a manner other than that in which it received them from the Buyer, provided that the Buyer does not incur additional costs. The Seller is not obliged to return the funds received to the Buyer before the Buyer has handed over the goods to the Seller or proved that he has sent the goods to the Seller.
- If the buyer-consumer has chosen a method of delivery other than the cheapest method of delivery offered by the seller at the conclusion of the contract, the seller shall reimburse the consumer for the cost of delivery only in the amount corresponding to the cheapest method of delivery offered.
- The buyer shall be liable for any diminution in the value of the goods as a result of handling the goods in a manner other than that necessary to familiarise himself with the nature and characteristics of the goods, including their functionality.
- In the event that the buyer finds after receipt of the goods that they do not suit him, for example, size or color, he has the option to ask the seller for a replacement within 14 days of delivery. The goods can only be returned and exchanged for another if they are packed in their original packaging and are unused, unsoiled or otherwise undamaged. The Buyer will then receive new goods in exchange for the returned goods, if the Seller has such goods available.
- In the event of a breach of the Seller's or Buyer's obligations under the Purchase Contract, both parties shall be entitled to withdraw from the Contract in accordance with applicable law. Liability for defects in the goods and the claims arising therefrom are further regulated in Article VII of these Terms and Conditions below.
- In the event of withdrawal from the contract and return of goods that show signs of wear and tear, are soiled or damaged in any way (e.g. by use, improper treatment, etc.), the seller is entitled to payment of unjust enrichment incurred on the part of the buyer, or compensation for damages incurred by the seller. The seller is entitled to set off this claim against the buyer's claim for reimbursement of the purchase price of the goods.
- If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract shall cease to be effective in respect of such gift and the buyer shall be obliged to return the gift to the seller together with the goods.
VI. Warranty, liability for defects, conflict with the purchase contract
- If the seller assumes a guarantee of quality, it is guaranteed that the goods will be fit for the agreed purpose for a certain period of time and that they will retain the agreed characteristics; if they are not agreed, the guarantee applies to the purpose and characteristics as usual.
- The warranty period is specified in the description of each good and begins upon receipt of the good by the purchaser. If there is a warranty certificate for the product, it is issued on the date of sale of the goods. If there is no warranty certificate and the seller has assumed the warranty by marking the warranty period or the shelf life or durability of the item on the packaging, the relevant packaging and the tax document - invoice - are sufficient for any claim for goods within the warranty period. If the warranty certificate specifies a warranty period longer than the period agreed or indicated on the packaging, the longer warranty period shall apply.
- The warranty does not cover normal wear and tear of the goods (or their parts) caused by use. In such a case, the shorter service life of the product cannot be considered a defect and cannot be claimed as such.
- The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the relevant generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
- The seller is liable to the buyer for the fact that the sold item is in conformity with the purchase contract. Conformity with the contract of sale means that the sold item has the quality and performance required by the contract, described by the seller, the manufacturer or his representative or expected on the basis of their advertising, or the quality and performance usual for the item of such kind that it conforms to the requirements of legal regulations, is in the appropriate quantity, measure or weight and corresponds to the purpose for which the seller states the item is used or for which the item is usually used.
- If the defective performance is a material breach of contract, the buyer shall have the right to
- to remedy the defect by supplying a new item without the defect or by supplying the missing item,
- to remedy the defect by repairing the item,
- a reasonable discount on the purchase price, or
- to withdraw from the contract.
- The Buyer shall inform the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer has requested the repair of a defect which proves to be irreparable. If the seller fails to remedy the defects within a reasonable period of time or notifies the buyer that he will not remedy the defects, the buyer may demand a reasonable discount on the purchase price in lieu of remedying the defect or may withdraw from the contract. If the buyer fails to exercise his right in time, he shall have the same rights as in the case of an insubstantial breach of contract.
- If the seller fails or refuses to remedy the defect in time, the buyer may demand a discount on the purchase price or may withdraw from the contract. The buyer cannot change the choice made without the seller's consent. When a new item is delivered, the buyer shall return the originally delivered item to the seller at the seller's expense.
- The consumer is entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt.
- The buyer must raise the defect covered by the guarantee with the seller without undue delay after he has had the opportunity to inspect the item and discover the defect, but no later than within the claim period determined by the length of the guarantee period. If the buyer fails to notify the seller of the defect without undue delay, he shall lose the right to withdraw from the contract.
- The Buyer's rights arising from the Seller's liability for defects, including the Seller's warranty liability, shall be exercised by the Buyer by filling in the complaint report located HERE and sent to the address of the Complaints Department: email@example.com, or in person at any of the Seller's premises. If, however, the warranty certificate lists another business designated for repair, which is in the Seller's location or in a location closer to the Buyer, the Seller may exercise the right to repair at the business designated for warranty repair. If it is not possible to arrange the repair in this way, the Seller shall arrange the repair. The list of service centres is contained in the warranty certificate or on a separate annex to the warranty certificate, or will be communicated by the Seller's customer service personnel.
- The buyer cannot withdraw from the contract or demand delivery of a new item if he cannot return the item in the condition in which he received it. This does not apply,
- if there has been a change in the condition as a result of an inspection to determine the defect of the item,
- if the buyer used the item before the defect was discovered,
- the buyer has not caused the impossibility of returning the item in its unaltered condition by act or omission; or
- if the buyer sold the thing before the defect was discovered, consumed it or altered it in the course of normal use; if this has happened only in part, the buyer shall return to the seller what he can still return and shall compensate the seller to the extent that he has benefited from the use of the thing.
- The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer. The Seller shall decide on the complaint immediately, in complex cases within 3 working days. This time limit does not include the time reasonable according to the type of product or service required for a professional assessment of the defect. Complaints including defects shall be settled without undue delay, at the latest within thirty (30) calendar days from the date of the complaint, unless the Seller and the Buyer agree otherwise. After the expiry of this period, the consumer has the same rights as if it were a defect that cannot be remedied.
- In the event of a justified claim, the buyer is entitled to compensation for the necessary costs incurred in connection with the claim. In the case of a manifestly unjustified claim, the consumer is not entitled to reimbursement of his costs associated with the settlement of the claim.
- The Seller shall issue the Buyer-Consumer with a written confirmation of the date of the claim, its content and the method of its settlement. The Seller shall also issue the Buyer with a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and the duration of the repair. In the case of a rejected claim, the Seller shall provide the Buyer with a written justification for such rejection.
VII. Loan of samples
- Upon request and upon the Seller's assessment, the Buyer may be provided with billable samples of the Goods for a maximum period of 14 days, unless otherwise agreed. The Buyer shall protect the samples provided against destruction, damage and loss. In the event of their use, damage, destruction or loss, he/she is obliged to pay for them in full according to the Seller's current price list.
VIII. Interpretation of certain terms used in the offer of goods
- The term "Sale": the goods included in this category are neither used nor damaged. They may be mainly from long-term stock, surplus or substandard workmanship and are usually not covered, in specific cases only by a shortened warranty. These are limited "while stocks last" promotions.
- Discounted Price and PROMOTION: An offer of standard goods for which we have achieved a lower final price by reducing costs.
IX. Other rights and obligations of the parties
- The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
- Out-of-court handling of consumer complaints is handled by the Seller via the e-mail address firstname.lastname@example.org. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's e-mail address.
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
- The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
- The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade licensing authority. Supervision of the protection of personal data is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.
- The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
X. Final provisions
- These terms and conditions are an integral part of the purchase contract. The terms and conditions are valid and apply to the specific relationship between the buyer and the seller always in the wording provided to the buyer on the date of conclusion of the purchase contract.
- The Buyer reserves the right to change the terms and conditions. The Buyer shall announce the amended terms and conditions in an appropriate manner on the website www.pg.cz as well as in its stores. This provision does not affect the rights and obligations arising during the validity of the previous version of the terms and conditions.
- By concluding the Purchase Contract, the Buyer accepts without reservation all provisions of the Terms and Conditions as in force on the date of conclusion of the Purchase Contract and confirms that he/she is familiar with the Terms and Conditions. The buyer is notified of the terms and conditions sufficiently in advance of the actual execution of the order and thus has the opportunity to familiarize himself with them.
- The Purchase Contract and these Terms and Conditions are drawn up in the Czech language. The contract of sale can only be concluded in the Czech language.
- If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
- 10.5.11.5 These terms and conditions are displayed on the website of the online shop www.pg.cz and thus allow for their archiving and further reproduction by the purchaser.
- These terms and conditions are valid and effective as of 1 March 2017.