Условия за използване на услугата

Basic Information

Operator of the shop: PRESCO GROUP, a.s.
Registered office: Severozápadní V 520/62, Praha 4, Postal Code 14100
ID No.: 63985161
Tax ID No.: CZ63985161
Registered: at the Commercial Register in Prague, Section B, File 12070

Supplier of goods: PRESCO GROUP, a.s.
Registered office: Severozápadní V 520/62, Praha 4, Postal Code 14100
ID No.: 63985161
Tax ID No.: CZ63985161
Registered: at the Commercial Register in Prague, Section B, File 12070
(hereinafter referred to as the "Seller")

Bank details:
1387405647/2700 PRESCO GROUP CZK
IBAN: CZ9127000000001387405647
SWIFT: BACXCZPP
E-mail: info@pg.cz
Telephone contact: +420 222 922 040

I. General Provisions

1. These terms and conditions apply to the ordering of goods from the online store 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 does not act within the scope of their business or other entrepreneurial activity or within the independent exercise of their profession (hereinafter referred to as the "consumer"), the rights and obligations not further specified by these terms and conditions are governed by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll., on Consumer Protection, as amended.

2. The Seller will deliver the goods to the Buyer based on an order made electronically, by telephone, or in another way using remote communication means. The order must contain, among other requirements contained in the Seller's forms, at least the specification of the Buyer, the ordered goods from the Seller's offer, and the quantity of ordered goods. Remote communication between the Seller and the Buyer, especially telephone charges, is not charged by the Seller beyond the basic rate charged by the providers of the relevant services. The costs thus incurred to the Buyer associated with the use of remote communication means are borne exclusively by the Buyer himself.

3. The Seller in good faith assumes that the Buyer has made the selection of goods and its quantity of their free will and average user knowledge of the relevant product, which was confirmed by sending the order.

II. Order and Conclusion of the Purchase Agreement

1. The order of goods created on the pages of the online store is a proposal to conclude a purchase agreement. Before sending the order, the Buyer is allowed to check and change the data that they have entered into the order. All received orders are binding for the Buyer, even if the Buyer does not provide their email address and other required information or provides them in the wrong form. In case the Buyer has provided an email address or mobile phone contact in the order, they will receive a notification of the receipt of the order immediately; however, this notification is not an acceptance of the order (acceptance) by the Seller. The Seller will send a confirmation of the receipt of the order to the Buyer to the provided email address only after verifying the availability of the ordered goods and other facts, usually within two (2) working days after receiving the order. The delivery of the order confirmation concludes the purchase agreement.

2. The Seller is entitled to verify any order, especially for the purpose of supplementing some data, with the Buyer (quantity of goods, purchase price, estimated shipping costs) and ask the Buyer for additional confirmation of the order (for example, in writing by email or by phone). Until the explicit confirmation of the acceptance of the order, the Seller is entitled to refuse or not fulfill the order, especially if the ordered goods are not currently available, if the Seller believes that by fulfilling it, they could damage their good name, or has any doubts about the Buyer and their ability to fulfill their obligations to the Seller (especially due to the refusal to accept some previous order, the existence of obligations after the due date to the Seller, exceeding the credit limit, insolvency proceedings initiated regarding the Buyer, etc.).

3. The concluded purchase agreement is archived electronically by the Seller for the purpose of its proper fulfillment. The Seller will confirm the conclusion of the purchase agreement to the Buyer in text form within a reasonable time after its conclusion, including the terms and conditions valid and effective on the day of creating the order. Information on the individual technical steps leading to the conclusion of the contract results from the ordering process in the online store www.pg.cz. Any change to the purchase agreement requires a written form, at least in electronic form made using remote communication means.

III. Delivery Conditions, Delivery Time

1. The place of fulfillment is the address of the Seller's establishment: U Pekařky 484/1a 180 00 Praha 8, unless the Buyer specifies another place of delivery of the goods in the order or chooses personal collection at some other establishments of the Seller according to the options provided in the order for the relevant goods.

2. The Seller ensures the delivery of the goods to the specified address, within the entire Czech Republic. The costs of delivering the goods vary according to the chosen method of delivery. The Buyer will choose the specific method of delivery themselves when creating the order.

3. The Seller will deliver the goods within the period specified in the confirmation of the receipt of the order. If the Seller has the ordered goods in stock, the delivery period to the place of fulfillment specified by the Buyer is usually 3 working days after the confirmation of the receipt of the order, depending on the chosen place and method of delivery of the goods. In some cases, the Seller may extend the delivery period, about which they will inform the Buyer without undue delay.

4. The shipment with the goods standardly contains a delivery note, instructions for use of the product in the Czech language, if required by the relevant legal regulation, and a warranty card (if the manufacturer attaches it to the product). If the Seller does not attach a warranty card to the product, but has accepted the warranty by indicating the warranty period or the period of usability or durability of the item on the packaging, the relevant packaging and tax document - invoice will suffice for any claim of the goods during the warranty period.

5. When receiving the goods from the carrier, the Seller recommends the Buyer to thoroughly check the goods immediately upon receipt. In case the packaging is damaged or other facts appear indicating that the goods themselves might be damaged, the Buyer is entitled not to accept the shipment or to write a record of damage to the shipment with the driver of the transport service. The written record of damage will facilitate the resolution of any claim. By signing the transport document to the carrier, the customer agrees to accept the goods and confirms that the shipment is not damaged in any way.

6. The ownership right to the goods passes to the Buyer on the day of delivery or payment of the goods, whichever of these facts occurs later.

IV. Purchase Price, Payment Conditions, Discounts

1. The purchase price for the respective ordered goods is always listed on the website both excluding and including VAT, encompasses all related costs, and is valid at the moment of order submission, unless otherwise agreed in a specific case.

2. Along with the purchase agreement, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. The method, and depending on it, the price of goods delivery is chosen by the buyer when concluding 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 also includes costs associated with the delivery of goods. Installation of goods or assembly is not part of the purchase agreement, and therefore not part of the purchase price.

3. The seller reserves the right to correct the price of goods. If after ordering the goods, the seller does not have the goods available at the originally offered price (especially due to an error or mistake in presenting the price), the seller will inform the buyer without undue delay. In such a case, the buyer is not bound by the original order and may cancel the order if they do not agree with the new price. If the purchase price or its part has already been paid by the buyer, it will be refunded promptly, or in case of ordering other goods at a lower purchase price, the difference between the original and new purchase price of the goods will be refunded to the buyer.

4. The purchase price of the goods will be paid by one of the methods chosen by the buyer in the order form, or by another method communicated to the seller, especially cashless through a payment portal, by card, by bank transfer, in cash, or cash on delivery upon receipt of the goods, in cases approved by the seller also based on an invoice within the period specified therein. If the purchase price is paid by cashless transfer, the buyer is obliged to pay the purchase price together with the indication of the variable symbol of payment; the buyer's obligation to pay the purchase price is fulfilled at the moment when the respective amount is credited to the seller's account.

5. Regular customers or in case of larger purchases of goods, discounts beyond the prices and discount promotions listed in the online offer for the subject goods may be provided. These loyalty and quantity discounts will be agreed individually between the buyer and the seller, and their provision is at the discretion of the seller.

6. Based on the purchase agreement, the seller will issue a tax document - invoice to the buyer. The seller is a VAT payer. The tax document - invoice will be sent by the seller to the buyer electronically to the email address provided in the order or in paper form along with the goods.

7. According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received revenue with the tax administrator online; in case of a technical failure, then within 48 hours at the latest. 

V. Withdrawal from the Contract, Exchange of Goods

1. If the contract was concluded using remote communication means (especially electronic ordering), the buyer - consumer has the right to withdraw from the contract without giving any reason and without any penalty within 14 days from the day when the consumer or a third party designated by them, other than the carrier, takes over the goods, or the last piece of goods, if the consumer orders multiple pieces of goods within one order that are delivered separately, the last item or part of the delivery of goods consisting of several items or parts, or the first delivery of goods, if a regular delivery of goods is agreed upon in the contract for a specified period. The withdrawal from the purchase contract must be delivered to the seller within fourteen (14) days from the day when the consumer or a third party designated by them, other than the carrier, takes over the goods. This right to withdraw from the contract does not arise in the case of purchasing goods by an entrepreneur within their business activities.

2. For the purpose of exercising the right to withdraw from the contract, the buyer must inform the seller of their withdrawal within the specified period of fourteen (14) days by a unilateral legal act, either

• by mail to the company address of PRESCO GROUP, a.s. U Pekařky 484/1a, 180 00 Prague 8
• to the email address info@pg.cz

3. The buyer can electronically fill out and send the sample form for withdrawal from the contract located HERE. To comply with the withdrawal period, it is sufficient to send the withdrawal from the contract before the expiration of the relevant period.

4. In case of withdrawal from the contract, the consumer will bear the costs associated with returning the goods, and if the contract was concluded via remote communication means, the costs of returning the goods, if the goods cannot be returned by regular mail due to its nature.

5. If the subject of the contract is the provision of services, the performance of which has already begun, the buyer is obliged to pay the seller a proportionate part of the price of the goods in case of withdrawal from the contract. The buyer - consumer cannot withdraw from the contract without giving a reason in the cases specified in § 1837 of the Civil Code.

6. If the buyer - consumer withdraws from the contract, the seller will return all the funds received from the buyer based on the contract, including delivery costs, without undue delay, no later than 14 days from the withdrawal from the contract. The seller is entitled to return the received funds to the buyer in a different way than the one used by the buyer, provided that the buyer agrees and the buyer will not incur additional costs. If the consumer withdraws from the purchase contract, the buyer is not obliged to return the received funds to the consumer before receiving the goods, or before the consumer proves that the goods have been sent back, whichever occurs first.

7. If the buyer - consumer has chosen a different, more expensive method of delivery of goods than the cheapest method of delivery offered by the seller at the conclusion of the contract, the seller will refund the consumer the cost of delivering the goods only to the extent corresponding to the cheapest offered method of delivery of goods.

8. The buyer - consumer is liable to the seller for the reduction in the value of the goods resulting from handling the goods other than is necessary to become acquainted with the nature, properties, and functionality of the goods.

9. In case the buyer finds that the goods do not suit them, for example in size or color, they have the option to ask the seller for an exchange within 14 days of delivery of the goods. Returning the goods and exchanging them for others can only be done if the goods are packed in the 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.

10. In case of breach of obligations by the seller or the buyer from the purchase contract, both parties are entitled to withdraw from the contract according to the applicable legal regulations. Liability for defects in goods and claims arising therefrom are further regulated in Art. VII of these business conditions below.

11. In case of withdrawal from the contract and return of goods that will show signs of wear, will be soiled or otherwise damaged (e.g. by its use, incorrect treatment, etc.), the seller has the right to compensation for the reduction in the value of the goods resulting from handling the goods other than is necessary to become acquainted with the nature, properties, and functionality of the goods. The seller is entitled to set off the claim for payment of this compensation against the buyer's claim for a refund of the purchase price of the goods.

12. If a gift is provided to the buyer together with the goods, the donation agreement between the seller and the buyer is concluded with a resolutive condition that if the buyer withdraws from the purchase contract, the donation agreement regarding such a gift loses its effectiveness and the buyer is obliged to return the provided gift together with the goods to the seller.

VI. Rights from Defective Performance, Warranty, and Claims

1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

2. The seller is liable to the buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that the item:

• corresponds to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed properties,
• is suitable for the purpose for which the buyer requires it and with which the seller agreed, and
• is delivered with the agreed accessories and instructions for use, including assembly or installation instructions.

3. The seller is liable to the buyer, in addition to the agreed properties:

• the goods are suitable for the purpose for which goods of this kind are usually used, also with regard to the rights of third parties, legal regulations, technical standards, or codes of conduct of the given sector, if there are no technical standards,
• the goods in quantity, quality, and other properties, including durability, functionality, compatibility, and safety, correspond to the usual properties of things of the same kind, which the buyer may reasonably expect, also with regard to public statements made by the seller or another person in the same contractual chain, especially advertising or labeling, unless the seller was not aware or was adjusted at least in a comparable manner at the time of concluding the purchase contract, or that it could not influence the decision to purchase,
• the goods are delivered with accessories, including packaging, assembly instructions, and other instructions for use, which the buyer may reasonably expect, and
• the goods correspond in quality or design to the sample or model provided by the seller to the buyer before concluding the purchase contract.

4. If a defect manifests within 1 year from receipt, it is considered that the goods were defective already upon receipt, unless the nature of the thing or defects excludes it. This period does not run for the time during which the buyer cannot use the thing if the defect was pointed out rightly.

5. The buyer may point out a defect that manifests on the item within two years from receipt. When purchasing a used item, the parties may shorten this period to one year. In the case of handling a complaint by exchanging goods, this two-year period does not run again, but the original two-year period continues, which did not run during the handling of the complaint.

6. The right from defective performance does not belong to the buyer if he caused the defect himself. Wear and tear caused by its usual use or wear and tear corresponding to the extent of its previous use in the case of a used item is not considered a defect.

7. Quality Warranty: The quality warranty arises from the warranty provider's statement that it will satisfy the buyer beyond his statutory rights from defective performance, especially by refunding the purchase price, exchanging the item or repairing it, or providing a service in this regard, if the item does not have the properties stated in the warranty statement. The quality warranty also arises from a statement made in advertising available at the latest at the time of concluding the purchase contract. If the content of the warranty contained in another warranty statement is less favorable for the buyer than the content of the warranty made in advertising, the content stated in advertising takes precedence, unless it was subsequently adjusted in the same or comparable manner as the advertising was made before concluding the contract.

8. If the warranty provider guarantees that the item will retain its functions and performance for a certain period of time during normal use, the buyer has at least the right to deliver a new item without defects or to repair the item from the warranty. These effects also apply to the indication of the warranty period or the period of usability of the item on the item's packaging.

9. The warranty provider will issue a warranty confirmation (warranty certificate) to the buyer in text form at the latest upon receipt of the item.

10. The right from defective performance does not belong to the buyer if he caused the defect himself. Wear and tear caused by its usual use or wear and tear corresponding to the extent of its previous use in the case of a used item is not considered a defect.

11. The buyer exercises the rights arising from the seller's liability for defects, including warranty rights, by filling out a complaint protocol located HERE and sent to the complaint department's address: info@pg.cz, or in person at any establishment. However, if another entrepreneur designated for repair is stated in the warranty certificate, who is closer to the seller's place or the buyer's place, the buyer may exercise the right to repair with the entrepreneur designated for warranty repair. If it is not possible to ensure the repair in this way, the seller will ensure the repair. The list of service centers is contained in the warranty certificate or in a separate annex to the warranty certificate, or the seller's customer line staff will communicate it.

12. The moment of claiming is considered the moment when the seller received the claimed goods from the buyer. The seller will decide on the complaint immediately, in complex cases within 3 working days. This period does not include the time reasonably required for expert assessment of the defect, according to the type of product or service. The complaint, including the removal of the defect, will be handled without undue delay, no later than thirty (30) calendar days from the date of claiming, unless the seller agrees otherwise with the buyer. After this period has expired, the consumer has the same rights as if it were a defect that cannot be removed.

13. The seller is obliged to issue a written confirmation to the buyer when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires and the specific details of the buyer; and further confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or written justification for rejecting the complaint. This obligation also applies to other persons designated by the seller to carry out the repair.

14. If the goods have a defect, the buyer may request its removal. At his discretion, he may request the delivery of a new item without defects or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this is assessed in particular with regard to the significance of the defect, the value that the item would have without the defect and whether the defect can be removed without significant difficulties for the buyer. The seller may refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the significance of the defect and the value that the item would have without the defect.

15. The seller will remove the defect within a reasonable time after it has been pointed out so as not to cause significant difficulties to the buyer, taking into account the nature of the item and the purpose for which the buyer bought the item. The seller will take over the item for removal of the defect at his own expense. If the buyer does not take over the item within a reasonable time after the seller informed him about the possibility to take over the item after the repair, the seller is entitled to a storage fee (unless the parties agree on its amount, the agreed amount is usual).

16. The buyer may request a reasonable discount (i.e., the difference between the value of the item without defects and the defective item received by the buyer) or withdraw from the contract only if:

• the seller refused to remove the defect or did not remove it within a reasonable time after it was pointed out and/or did not take over the item to remove the defect at his own expense;
• the defect manifests repeatedly (i.e., the third complaint for the same defect or the fourth for different defects);
• the defect is a substantial breach of contract (i.e., such a breach of contract that the party breaching the contract already knew or should have known at the time of concluding the contract that the other party would not have concluded the contract if it had anticipated this breach);
• it is apparent from the seller's statement or circumstances that the defect will not be removed within a reasonable time or without significant difficulties for the buyer.

17. The buyer cannot withdraw from the contract if the defect of the item is insignificant; however, it is considered that the defect of the item is not insignificant. If the buyer withdraws from the contract, the seller will refund the purchase price to the buyer without undue delay after receiving the item, or after the buyer proves that he sent the item.

18. Whoever duly points out a removable defect of goods according to § 1923 of the Civil Code is also entitled to reimbursement of costs reasonably incurred in exercising this right if he requests it no later than one month from the time when it was necessary to point out such a defect.

VII. Loan of Samples

1. Based on the request and upon assessment by the seller, chargeable samples of goods may be provided to the buyer for a maximum period of 14 days, unless otherwise agreed. The buyer is obliged to protect the provided samples from destruction, damage, and loss. In case of their use, damage, destruction or loss, the buyer is obliged to pay for these in full according to the current price list of the seller.

VIII. Interpretation of Certain Terms Used in the Offer of Goods

1. Term "Sale": Goods included in this category are neither used nor damaged. It may particularly concern goods from long-term stocks, surpluses or non-standard executions, and usually, there is no warranty or, in specific cases, only a shortened warranty applicable. These are limited "while stocks last" offers.

2. Term "Discounted Price and PROMOTION": Offer of standard goods, for which we have achieved a lower final price by reducing costs.

IX. Other Rights and Obligations of Contractual Parties

1. The seller is not bound by any codes of conduct towards the buyer in terms of the provision § 1820 paragraph 1 letter n) of the Civil Code.

2. The seller handles out-of-court settlement of consumer complaints via the email address info@pg.cz. Information on the handling of the buyer's complaint will be sent by the seller to the buyer's email address.

3. The Czech Trade Inspection, with its registered office at Štěpánská 44, 110 00 Prague 1, ID No: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for 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 for resolving disputes between the seller and the buyer arising from the purchase contract.

4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 44, 110 00 Prague 1, internet address: https://www.evropskyspotrebitel.cz, is the contact point according to 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 consumer ODR).

5. The seller is authorized to sell goods based on a trade license. The relevant Trade Licensing Office performs trade licensing control within its competence. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, among other things.

6. By this, the buyer assumes the risk of change in circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

X. Final Provisions

1. These terms and conditions are an integral part of the purchase contract. The terms and conditions apply and are effective for the specific relationship between the buyer and the seller always in the version provided to the buyer on the date of concluding the purchase contract.

2. The seller reserves the right to change the terms and conditions. The amended conditions will be announced appropriately on the website www.pg.cz, as well as in its establishments. This provision does not affect the rights and obligations arising during the effectiveness of the previous version of the terms and conditions.

3. By concluding the purchase contract, the buyer unreservedly accepts all provisions of the terms and conditions in the version effective on the date of concluding the purchase contract and confirms that they have been acquainted with the terms and conditions. The buyer is adequately informed about the terms and conditions before placing the order and thus has the opportunity to become acquainted with them.

4. The purchase contract and these terms and conditions are drawn up in the Czech language. The purchase contract can only be concluded in the Czech language.

5. If any provision of the terms and conditions is invalid or ineffective, or becomes so, instead of invalid provisions, such provision will apply whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions.

6. These terms and conditions are displayed on the website of the online store www.pg.cz, thus allowing their archiving and further reproduction by the buyer.

7. These terms and conditions are valid and effective from 1. 5. 2023.