General terms and conditions prosake.cz
INTRODUCTORY PROVISIONS AND WARNINGS
These general terms and conditions apply to purchases in the online store prosake.cz (hereinafter “e-shop“), where on one side is the company prosaké sro, ID number: 071 35 513, with its registered office at Jihovýchodní VI 3116/16, Prague 4 – Záběhlice. , 141 00 entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 295002, as the operator of the e-shop (hereinafter referred to as the “seller”) and on the other hand is the buyer, who may act as a consumer or entrepreneur (hereinafter referred to as “Customer” or “buyer“). These general terms and conditions further define and specify the rights and obligations of the seller and the buyer (hereinafter “GTC“).
Everyone who visits the e-shop is a customer of this website and is obliged to follow the valid legal regulations when using them, to act in accordance with good morals and these GTC, not to damage the good name and rights of the seller. Only a person who has reached the age of 18 is entitled to visit the e-shop and open its presentation. The customer always confirms the completion of the age of 18 before opening the e-shop presentation by clicking on the “enter” box, which is always displayed before the e-shop presentation opens, notifying the requirement to complete the age of 18 and with a link to these GTC.
The Seller hereby declares and acknowledges that visiting the e-shop, ordering and selling alcoholic beverages (hereinafter referred to as “goods“) to individuals under the age of 18 is prohibited.
A consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with an entrepreneur or otherwise deals with him.
The procedure leading to the conclusion of the purchase contract, the purchase contract concluded between the seller and the buyer-consumer, as well as other obligations, is governed in particular by the provisions of § 1810 et seq. and § 2079 et seq. disciple. No. 89/2012 Coll., Civil Code (hereinafter “Trademark”) and Act. No. 634/1992 Coll., on consumer protection, as amended (hereinafter referred to as the “Consumer Protection Act), as well as other related legal regulations and these GTC.
An entrepreneur is a person who independently carries out a gainful activity on his own account and responsibility in a trade license or similar manner with the intention of doing so systematically in order to make a profit. An entrepreneur is also considered to be any person who concludes contracts related to his own business, production or similar activities or in the independent performance of his profession, or a person who acts in the name or on behalf of the entrepreneur.
An entrepreneur is a person registered in the Commercial Register and / or a person who has a trade license or other authorization under another law.
If the customer states his IČ ID number in the order, then he expressly agrees that the rules of these GTC intended for entrepreneurs apply to him.
The procedure leading to the conclusion of the purchase contract, the purchase contract concluded between the seller and the buyer-entrepreneur, as well as other obligations not expressly regulated by these GTC are governed in particular by the provisions of § 2079 et seq. OZ. In case of any differences between the GTC and the purchase contract, the provisions of the purchase contract take precedence.
The purchase contract is not concluded by sending the order by the customer to the seller. The purchase contract is created at the moment of confirmation of the customer’s order by the seller (presentation of goods placed in the seller’s e-shop is informative and the seller is not obliged to enter into a purchase contract for these goods – § 1732 paragraph 2 of the Civil Code does not apply.). From this moment, mutual rights and obligations arise between the customer and the seller, which are defined by the purchase contract and the GTC, which are an integral part of the purchase contract. The conclusion of the purchase contract without negotiating all its requisites stipulated by the Trademark Code is excluded in the sense of the provisions of § 1726 of the Trademark Law. Furthermore, in accordance with the provisions of § 1740 para. 3 excludes the acceptance of an offer with a supplement or deviation.
The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (eg the cost of internet connection) shall be borne by the buyer.
By sending (placing) the order in the e-shop, the customer confirms that he has read these GTC and that he agrees with them, in the wording valid and effective at the time of sending the order. The confirmation of the customer’s order by the seller will contain, among other things, an internet link to the current (valid and effective) version of the GTC placed in the e-shop presentation, including a notice that the handed over and the seller will withdraw from the purchase contract. The seller is entitled not to conclude a purchase contract if there are reasonable doubts about the identity of the buyer.
The prices of goods listed on the e-shop presentation are listed including VAT, unless explicitly stated otherwise for specific goods. All goods are delivered with a tax document and delivery note. The goods remain the property of the seller until full payment of the purchase price. In case of (complete or partial) cancellation of the order by the seller (eg the ordered goods are sold out), the paid amount or its relevant part is immediately sent back to the customer’s account number from which they were transferred to the seller’s account, unless otherwise agreed.
All changes, whether the range of goods or its prices listed in the presentation of the e-shop are reserved. The offer of goods listed in the presentation of the e-shop (including promotional goods, sales, etc.) is valid until the stock is sold out or the seller’s ability to perform is lost.
In the case of special goods to order, or goods that are not in the seller’s stock, the seller will confirm to the buyer in advance (by email notification) the price and the approximate date of delivery of the goods. If the final price is the same or lower than on a written or e-mail order, it is not confirmed retrospectively to the buyer and the goods are delivered to him at the agreed price according to the validly concluded purchase contract. If the price is changed, the customer confirms that he acknowledges and agrees with the change, in the same way as he was notified of the change.
To pay the price of the goods, the buyer can use the following methods:
- online payment card free of charge
- Online express wireless transfer free of charge
- By bank transfer to account 5322797369/0800 – VS: order number free of charge
- Cash on delivery within Prague free of charge
Payment using the “Comgate Payment Gateway” is provided by ComGate Payments, as, registered office: Prague 7 – Holešovice, Jankovcova 1596 / 14a, postal code 170 00 IČ: 279 24 505, DIČ CZ27924505, registered on: 16 July 2007, file number B 17614 held at the Municipal Court in Prague. Our e-shop is operated in accordance with their business conditions. Contact information for ComGate Payments, a.s .:
Gočárova třída 1754 / 48b, Hradec Králové
Tel: +420 228 224 267
PRŮBĚH PLATBY NA E-SHOPU prosake.cz
Credit card payment
The fastest way to pay online. In the ComGate payment gateway interface, enter the card number, validity date and CVC code – three numbers, which you will find in the signature strip on the back of the card. Everything is secured by the 3D Secure standard, so you will probably be asked to enter a numeric code, which you will receive by SMS from your bank.
Payment by bank transfer
Immediate payment via internet banking. The ComGate payment gateway redirects you to your internet banking, where you log in as usual and confirm the already prepared payment order.
After completing the payment, you will be redirected back to the store. Payment is confirmed immediately, we will continue to execute the order without delay.
(TRANSPORT) DELIVERY AND ACCEPTANCE OF GOODS, POSSIBILITY OF REFUSAL OF DELIVERY OF GOODS
Based on the choice of the buyer, the seller will deliver the goods to the place and in the manner specified by the buyer in the order. The buyer is obliged to take over the goods delivered in this way, otherwise the goods will be stored at his expense and re-shipped at his expense. The seller delivers the ordered goods according to their size and weight through contractual transport services (hereinafter referred to as the “transport service operator“).
Deliveries of goods will be carried out immediately, usually within two (2) to ten – (10) working days, depending on the availability of goods and the seller’s operational capabilities. In exceptional cases, or if the goods are not in stock, the delivery time may be longer, of which the buyer will be notified immediately after finding out from the seller. The place of delivery is determined on the basis of the buyer’s order. Delivery of the goods to the specified address (according to the choice of the method of delivery of goods) is considered to be fulfillment of the delivery of goods.
The consignment with the goods contains a tax document (invoice) as standard. The receipt (Act No. 112/2016 Coll., On the registration of sales, as amended) is attached to the buyer with the shipment of goods or is sent to the buyer electronically to the email specified by the buyer in the order, if required by applicable law. The buyer expressly agrees that the choice of the method of issuing the receipt will be made by the seller, as well as with any electronic form of the receipt.
When taking over the goods (when picking up the goods in person or from the transport service provider), always carefully check the integrity of the transport packaging. If the packaging is damaged, enter this information in the handover protocol of the transport service operator.
The seller provides transport of goods through operators of transport services throughout the Czech Republic. Shipping prices (below) include VAT. We distinguish the costs of transporting goods according to the chosen method. The costs of transporting the goods may be fully or partially justified in justified cases (especially for orders with a total purchase price higher than CZK 2,000, if the total number of goods or its total weight does not exceed the usual amount) paid by the seller instead of the buyer.
In order to limit the availability of alcoholic beverages to persons under 18 years of age, the packaging (package) of the delivered goods will state that the package contains alcoholic beverages, including a warning that the package is only allowed to be taken over by a natural person over 18 years of age. The relevant employee of the transport service operator will hand over the package to the buyer only if the buyer proves the age of 18 by presenting an identity card or other proof of identity, provided that the number of the relevant identity document is copied. Otherwise, the buyer will not be handed over the package containing the goods and the seller will have the right to withdraw from the concluded purchase contract.
The buyer can use the following methods to transport (deliver) the goods:
- Postal package 79,-
- Transport by prosake.cz around Prague 79,-
Personal collection at the company’s headquarters is only possible by prior arrangement.
WITHDRAWAL FROM THE CONTRACT BY THE BUYER
In accordance with § 1829 of the Civil Code, the buyer-consumer has the right to withdraw from the purchase contract without giving reasons within fourteen (14) days of receipt of the goods, respectively. from the receipt of the last delivery of goods, if the content of the purchase includes several types of goods. If the buyer-consumer decides to withdraw within this period, and complies with the conditions below, the purchase price will be refunded. In accordance with § 1820 par. 1 let. g) and § 1832 par. 3 of the Trademark shall be borne by the buyer-consumer upon withdrawal from the purchase contract according to § 1829 et seq. Trademarks costs associated with the return of goods and also the cost of returning goods if the goods can not be returned due to its nature by regular mail. This right does not serve as a way of resolving a claim for goods (exercise of rights arising from defective performance).
Conditions for exercising the right to withdraw from the purchase contract:
- No later than the fourteenth (14th) day after receipt of the goods, the seller must be sent a statement of the buyer’s will to withdraw from the purchase contract.
- The form for withdrawal from the purchase contract can be downloaded here
- The buyer will send this form by email to email@example.com and then attach the completed form to the goods, which will be returned to the seller.
- The buyer delivers the goods back at his own expense to the seller at the registered office of the prosake s.r.o. at the address Jihovýchodní VI 3116/16, Prague 4, 141 00, no later than fourteen (14) days from the withdrawal from the purchase contract.
- The goods that the buyer sends after withdrawal from the purchase contract will not show signs of use, will not be damaged, incomplete (eg without accessories, warranty card, instructions, etc.) and will be returned with a copy of proof of purchase (seller recommends to insure the goods against damage).
- If the value of the goods has been reduced (the goods are not complete or have been damaged), the buyer is obliged to replace the demonstrably missing value in money.
- The buyer has no right to withdraw from the contract pursuant to § 1829 of the Civil Code, if the goods have been modified according to his wishes or for his person (eg by engraving).
If the above conditions are met, the price of the goods paid by the buyer will be returned to him, in the same way as it was received, or according to the agreement by invoice or transfer to the buyer’s account, within fourteen (14) days of withdrawal from the purchase contract. However, the seller is not obliged to return the price of the goods paid by the buyer before the buyer-consumer hands over (delivers) the goods or proves that he sent the goods to the seller.
The buyer-entrepreneur has no right to withdraw from the concluded purchase contract.
The buyer is not entitled to withdraw from the purchase contract in the cases specified in § 1837 of the Civil Code. Furthermore, the right to withdraw from the purchase contract cannot be exercised if the returned bottle is not originally closed with an undamaged stamp, agraph, etc.
If the returned goods are damaged as a result of a breach of the buyer’s obligation, the seller is entitled to claim compensation for the reduction in the value of the goods and to deduct it from the returned price of the goods paid by the buyer.
WITHDRAWAL FROM THE CONTRACT BY THE SELLER
The seller is entitled to withdraw from the purchase contract concluded with the buyer in the event of a manifest error in the price of the goods (ie prices obviously different from the price for this type / type of goods), unless it is clearly stated that the goods are “extraordinary”. discount “or” promotion “or other designation of similar meaning. An obvious error in the price of goods is considered to be, for example, the incorrect indication of the first (last) three digits instead of four, obviously low price of goods (eg 70% lower price than usual for this type and type of goods) and other obvious writing errors. In the event that this situation occurs, the seller will immediately contact the buyer to agree on further action. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account as soon as possible.
The seller is entitled to withdraw from the purchase contract concluded with the buyer if the handover of the package containing the goods turns out that the buyer has not reached 18 years of age (or does not prove reaching age in the manner specified above, eg ID card), thereby violating the conditions set out in these GTC. and the agreement of the purchase contract.
RIGHTS FROM DEFECTIVE PERFORMANCE AND WARRANTY (COMPLAINTS)
Before using the goods for the first time, the buyer is obliged to carefully read the instructions for use of the goods and any warranty conditions and then strictly follow this information. The period for exercising the rights under the seller’s liability for defects begins to run when the buyer takes over the goods.
In accordance with § 2104 of the Civil law, the buyer is obliged to inspect the goods as soon as possible after receipt and to be convinced of its properties and quantity. If the defect becomes apparent within six (6) months of receipt and if the buyer is a consumer, it is considered that the item was defective at the time of receipt.
The seller is not obliged to satisfy the buyer’s claim if it turns out that the buyer knew about the defect of the goods before taking it over, or caused the defect himself.
If the buyer is not a consumer and damage is found, a record of damage to the goods is made and the seller is obliged to provide a reasonable discount or deliver new goods. Subsequent claims for mechanical damage to the goods can no longer be accepted.
The buyer-consumer is entitled to exercise the right to a defect that occurs in the goods within twenty-four (24) months from receipt; if the date of consumption is indicated on the packaging of the goods, then this time is shortened to the date stated on the packaging of the goods. A period of twenty-four (24) months from the receipt of the goods is set for the exercise of rights arising from defective performance; however, if the date of consumption is indicated on the packaging of the goods, then this period shall also be reduced to the date indicated on the packaging of the goods. Seller’s liability for defects does not apply to normal wear and tear of the goods (or parts thereof) caused by use.
The buyer-consumer has the following rights when exercising the rights from liability for defective performance:
- The right to have the goods repaired free of charge, if such repair is possible.
- The right to the delivery of new goods or the replacement of a part thereof, and this right may be exercised if the delivery of new goods or a part thereof is a reasonable solution to the complaint with regard to the nature of the defect. For these purposes, adequacy is assessed, for example, by the fact that the defect cannot be remedied by repair or that such repair appears to be a financially or temporally uneconomical solution. The consumer also has the right to deliver new goods or replace its parts if the defect is remediable, but the goods cannot be recurring due to the recurrence of the defect (after repair – ie if the same defect occurs with the same manifestations a total of three times (3x) and such a defect has been repaired at least twice) or used properly for a large number of defects.
- The right to withdraw from the purchase contract can be exercised if it is not possible to repair the goods and it is not possible to deliver new goods or replace its components (if the conditions of this right are met). Furthermore, it is possible to use this right if the goods have a large number of defects, or it can not be properly used for repeated recurrence of the defect after repair
The seller is liable to the buyer-entrepreneur only for those defects of goods that occurred in such goods at the time of its receipt by the buyer-entrepreneur. The seller is not liable to the buyer-entrepreneur for other defects of the goods. The buyer-entrepreneur is entitled to exercise the right of defect only within six (6) months from receipt of the goods; however, if the date of consumption is indicated on the packaging of the goods, this period shall be shortened to the date indicated on the packaging of the goods.
The complaint will be settled without undue delay, no later than thirty (30) calendar days from the date of the complaint, unless the seller agrees otherwise in writing with the buyer. After this period, the buyer-consumer has the same rights as if it were a material breach of the purchase contract. The seller will issue a written confirmation to the buyer-consumer about when the buyer-consumer has filed a complaint, what is its content and what method of its settlement it requires. Furthermore, the seller will issue to the buyer-consumer a confirmation of the date and manner of handling the complaint, including a confirmation of the repair and its duration. In the case of a rejected complaint, the seller will issue a written justification for this rejection to the buyer-consumer.
Defective situation liability rights apply to the seller from whom the item was purchased. However, if another entrepreneur designated for repair is listed in the warranty card, which is closer to the seller’s place or place for the buyer, the buyer shall exercise the right to repair at the entrepreneur designated to carry out the warranty repair.
In case of a defect, the buyer can send to the complaint department of the seller: firstname.lastname@example.org. The buyer is obliged to notify the seller of a defect in the goods without undue delay after it manifests itself.
The buyer-consumer is entitled to reimbursement of the necessary costs incurred in connection with the exercise of rights from liability for defects. In the event of withdrawal from the contract due to a defect in the goods, the buyer-consumer is also entitled to reimbursement of costs necessarily incurred for such withdrawal.
The provisions of Section 1924 of the Civil Code do not apply to legal relations between the seller and the buyer-entrepreneur, so the buyer-entrepreneur is not entitled to reimbursement of costs expediently incurred in exercising the rights arising from defective performance (claim).
Complaints about goods in the case of the buyer-consumer are governed by the relevant provisions of the Civil law and the Consumer Protection Act. In the case of a buyer-entrepreneur, a claim for goods is governed by the relevant provisions of the Civil Law.
OUT OF COURT SETTLEMENT OF CONSUMER DISPUTES
The seller, in accordance with the provisions of § 14 of Act No. 634/1992 Coll. on consumer protection, informs consumers about the possibility of resolving disputes arising from contracts concluded with the seller, through the subject of out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority (www.coi.cz), with its registered office at Štěpánská 567/15, Prague 2, ZIP code 120 00.
When registering the customer on the e-shop, the customer is obliged to provide accurate and true information required when purchasing goods. If there is a change in the customer’s data, he is obliged to notify such a change immediately, either through the customer line of the seller, or to make the wording directly in the management of the customer’s account in the e-shop.
During registration, the customer is prompted to create a password to his customer account. The customer is obliged to keep this password secret and not share it with other people. The customer is fully responsible for all actions performed on his account. The customer is obliged to inform the seller without undue delay if he has any suspicion of misuse or disclosure of his password to a third party. In the event of a justified fear that the customer’s account is or may be misused, the seller is entitled to block the customer’s account or request him to change the password. The seller is not liable to the customer for damages (damage) that occurred as a result of disclosure or misuse of his password.
The seller is entitled to immediately suspend or cancel the customer’s registration if he can reasonably believe that the customer violates these GTC. The termination or cancellation of the registration does not affect those provisions of the GTC which, due to their nature, persist.
SECURITY AND PROTECTION OF PERSONAL DATA, COPYRIGHT
Information about buyers is processed in accordance with valid and effective laws and other generally binding legal regulations of the Czech Republic, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation, hereinafter “GDPR“).
In this context, the Seller informs the data subjects (person/s or contact person/s of legal entities) that:
- The administrator of their personal data is the selling company prosaké s.r.o., ID number: 071 35 513, with its registered office at Jihovýchodní VI 3116/16, Prague 4 – Spořilov, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 295002.
- The purpose of processing their personal data is to fulfill purchase contracts concluded through the e-shop, as well as to maintain user accounts on the e-shop and to send business messages. The legal basis for processing is the consent of the data subject – in the case of purchase with registration (Article 6 (1) (a) of the GDPR), the performance of contracts concluded with data subjects in the case of purchase with or without registration (Article 6 (1) (a) GDPR). (b) GDPR), the fulfillment of the related legal obligations of the seller (Article 6 (1) (c) GDPR) and the need for processing for the legitimate interest of the joint trustees (Article 6 (1) (f) GDPR), which is to secure the existing levels and improvement of e-shop operation and related mutual financial settlement of joint administrators and sending of business messages.
- Recipients of their personal data may be, in particular, external providers of joint administrators (eg providers of accounting, IT and similar services), entities providing transport of ordered goods to customers and any additional services and, in cases stipulated by law, public authorities. Personal data will not be transferred to third countries.
- Their personal data will be stored for the time necessary to process the order (purchase without registration), respectively. for the duration of the relevant user account (purchase with registration), for the duration of warranty periods, liability for defects and limitation periods in relation to liability for damage caused by a product defect, as well as for the duration of statutory archiving periods (eg in relation to tax documents).
- If the processing of their personal data is based on consent (eg in the case of registration or sending personalized commercial messages), they have the right to revoke this consent at any time by e-mail sent to email@example.com, without prejudice to the lawfulness of processing prior to this appeal.
- They have the right to request access to, rectification or erasure of their personal data, or restrictions on processing, and the right to object to the processing, as well as the right to data portability and the right to lodge a complaint with the Office for Personal Data Protection.
- They have the right to object at any time to direct marketing.
- The provision of personal data for the purpose of purchase via the e-shop is a contractual requirement of the seller and the buyer is not obliged to provide them, however, in such a case it will not be possible to conclude a purchase contract.
- The seller obtains personal data directly from the data subjects.
- The above rights can be exercised by data subjects with the administrator through the contacts listed at www.prosake.cz.
All materials published on the presentation of the seller’s e-shop are protected by Act No. 121/2000 Coll., On Copyright, Rights Related to Copyright and on Amendments to Certain Acts, as amended, and other legal regulations of the Czech Republic. The goods that are listed in the presentation of the e-shop, information about the goods and their image may be protected by other rights of the persons concerned. Names and designations of goods, trade names and company names may be registered trademarks of their respective owners.
The buyer gives the seller explicit consent to the collection and processing of his personal data for the purposes of fulfilling the purchase contract (delivery of goods) and use for marketing purposes of the seller (especially for sending commercial communications), until the delivery of a written statement of disagreement with the processing. to the seller. In this case, the electronic form is also considered to be a written statement, especially via email. The buyer has the right to access and correct their personal data.
The seller is entitled to change the GTC at any time. The new conditions are effective on the day of their publication on the e-shop presentation.
These GTC are valid and effective from November 25, 2020.