Terms of service
I. Basic Provisions
1. These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are governed by Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code of the Czech Republic (hereinafter referred to as the “Civil Code”).
F.H.Prager s.r.o. Company ID No.: 29153379 VAT ID No.: CZ29153379 Registered office: U Národní galerie 470, Zbraslav, 156 00 Prague 5, Czech Republic Registered with the Regional Court in Ostrava, Section C, File No. 81361 E-mail: store@pragers.cz Phone: +420 604 993 679 Website: www.pragers.cz
(hereinafter referred to as the “Seller”)
2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase agreement outside the scope of their business activity as a consumer, or within the scope of their business activity (hereinafter referred to as the “Buyer”), through the online store available at the Seller’s website (hereinafter referred to as the “Online Store”).
3. The provisions of these Terms and Conditions form an integral part of the Purchase Agreement. Any deviating provisions agreed upon in the Purchase Agreement shall prevail over these Terms and Conditions.
4. These Terms and Conditions and the Purchase Agreement are concluded in the Czech language. An English version may be provided for convenience only. In the event of any discrepancy, the Czech version shall prevail.
II. Information on Goods and Prices
1. Information on the goods, including individual product prices and their main characteristics, is provided for each product in the Online Store catalogue. Product prices include value added tax (VAT), all related fees, and any costs associated with returning goods that cannot, by their nature, be returned by ordinary postal services. Product prices remain valid for the period during which they are displayed in the Online Store. This provision does not exclude the possibility of concluding a Purchase Agreement under individually negotiated conditions.
2. All product presentations displayed in the Online Store catalogue are for informational purposes only and do not constitute an offer to conclude a Purchase Agreement. The Seller is not obliged to conclude a Purchase Agreement regarding such goods.
3. Information regarding packaging and delivery costs is published in the Online Store. Information on delivery and packaging costs applies only to deliveries within the territory of the Czech Republic unless stated otherwise.
4. Any discounts on the purchase price of goods cannot be combined unless agreed otherwise between the Seller and the Buyer.
III. Order Placement and Conclusion of the Purchase Agreement
1. The Buyer shall bear any costs incurred when using remote communication means in connection with the conclusion of the Purchase Agreement (internet connection costs, telephone charges, etc.). These costs do not differ from the standard rates charged by the respective service provider.
2. The Buyer may place an order for goods by:
● using their registered customer account, if previously created in the Online Store;
● completing the order form without registration.
3. When placing an order, the Buyer selects the goods, quantity, payment method, and delivery method.
4. Before submitting the order, the Buyer is allowed to review and amend the information entered in the order. The Buyer submits the order by clicking the “Submit Order” button. The information provided in the order is deemed correct by the Seller. The validity of the order is subject to completion of all mandatory fields in the order form and confirmation by the Buyer that they have read and accepted these Terms and Conditions.
5. Upon receipt of the order, the Seller shall promptly send an acknowledgement of receipt to the e-mail address provided by the Buyer. This acknowledgement is generated automatically and does not constitute acceptance of the order. The Seller’s current Terms and Conditions shall be attached to this acknowledgement. The Purchase Agreement is concluded only upon acceptance of the order by the Seller. Notification of acceptance shall be delivered to the Buyer’s e-mail address.
6. If the Seller is unable to fulfil any requirement specified in the order, the Seller shall send the Buyer an amended offer to the Buyer’s e-mail address. Such amended offer shall be considered a new proposal for concluding a Purchase Agreement. The Purchase Agreement is concluded once the Buyer confirms acceptance of the amended offer by e-mail.
7. All orders accepted by the Seller are binding. The Buyer may cancel an order until notification of order acceptance has been delivered by the Seller. The Buyer may cancel the order by telephone or e-mail using the contact details provided in these Terms and Conditions.
8. In the event of an obvious technical error on the part of the Seller regarding the displayed price of goods in the Online Store or during the ordering process, the Seller is not obliged to deliver the goods at the clearly incorrect price, even if the Buyer has received an automatic order confirmation. The Seller shall inform the Buyer of the error without undue delay and send the Buyer an amended offer. Such amended offer shall be considered a new proposal for concluding a Purchase Agreement.
9. Pursuant to Act No. 65/2017 Coll., on the Protection of Health from the Harmful Effects of Addictive Substances, alcoholic beverages may only be sold to persons aged 18 years or older. By placing an order for alcoholic products, the Buyer confirms that they are at least 18 years of age. If the Seller is unable to reliably verify that the Buyer has reached the age of 18, the goods will not be delivered and the Seller shall be entitled to withdraw from the Purchase Agreement.
IV. Customer Account
1. Based on registration completed in the Online Store, the Buyer may access their customer account. Through the customer account, the Buyer may place orders for goods. The Buyer may also place orders without registration.
2. When registering a customer account and when placing orders, the Buyer is obliged to provide accurate and truthful information. The Buyer is required to update any information entered in the customer account whenever such information changes. The Seller shall consider the information provided by the Buyer in the customer account and during the ordering process to be accurate.
3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding any information necessary to access their customer account. The Seller shall not be liable for any misuse of the customer account by third parties.
4. The Buyer may not permit any third party to use their customer account.
5. The Seller may cancel a customer account, particularly if the Buyer has not used the account for an extended period or if the Buyer breaches their obligations under the Purchase Agreement or these Terms and Conditions.
6. The Buyer acknowledges that the customer account may not be available continuously, particularly due to necessary maintenance of the Seller’s hardware and software systems or those of third parties.
V. Payment Terms and Delivery of Goods
1. The Buyer may pay the purchase price of the goods and any costs associated with delivery under the Purchase Agreement using the following methods:
● by credit or debit card;
● via the Comgate payment gateway;
2. Together with the purchase price, the Buyer is obliged to pay the Seller the agreed costs associated with packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price shall also include delivery-related costs.
3. When making payment through a payment gateway, the Buyer shall follow the instructions of the relevant electronic payment service provider.
4. The Seller does not require any advance payment or similar deposit from the Buyer. Payment of the purchase price before shipment of the goods shall not be considered a deposit.
5. The goods shall be delivered to the Buyer:
● to the address specified by the Buyer in the order;
● through a parcel collection point selected by the Buyer;
● by personal collection at the Seller’s premises.
6. The method of delivery is selected during the ordering process.
7. Delivery costs depending on the chosen delivery method are specified in the order and in the order confirmation issued by the Seller. If a special method of delivery is agreed upon at the Buyer’s request, the Buyer shall bear any associated risks and additional costs.
8. If the Seller is obliged under the Purchase Agreement to deliver the goods to a location specified by the Buyer, the Buyer is obliged to accept the goods upon delivery. If, for reasons attributable to the Buyer, the goods must be delivered repeatedly or by a method different from that specified in the order, the Buyer shall bear any additional costs incurred.
9. Upon receipt of the goods from the carrier, the Buyer shall inspect the integrity of the packaging and immediately notify the carrier of any defects. If the packaging appears damaged in a manner indicating unauthorized interference with the shipment, the Buyer may refuse to accept the shipment.
10. The Seller shall issue a tax document (invoice) to the Buyer. The invoice shall be sent electronically to the Buyer’s e-mail address.
11. Ownership of the goods passes to the Buyer only after full payment of the purchase price, including delivery costs, but not before the Buyer takes possession of the goods. The risk of accidental loss, damage, or destruction of the goods passes to the Buyer upon acceptance of the goods or at the moment when the Buyer was obliged to accept the goods but failed to do so.
VI. Withdrawal from the Contract
1. A Buyer acting as a consumer has the right to withdraw from the Purchase Agreement within 14 days.
2. The withdrawal period expires 14 days after:
● the day on which the Buyer takes possession of the goods;
● the day on which the Buyer takes possession of the last item, where multiple items are delivered separately;
● the day on which the Buyer takes possession of the first delivery in the case of regular recurring deliveries.
3. The Buyer may not withdraw from the contract, among other things, in the following cases:
● provision of services that have been fully performed with the Buyer’s prior express consent;
● supply of goods or services whose price depends on fluctuations in the financial market beyond the Seller’s control;
● supply of alcoholic beverages whose delivery may take place after 30 days and whose price depends on market fluctuations;
● supply of goods customized according to the Buyer’s specifications or clearly personalized;
● supply of goods liable to deteriorate or expire rapidly;
● supply of sealed goods that are not suitable for return due to health protection or hygiene reasons once unsealed;
● supply of audio or video recordings or computer software in sealed packaging if unsealed;
● supply of newspapers, periodicals, or magazines;
● supply of digital content not supplied on a tangible medium if performance has begun with the Buyer’s prior express consent;
● other cases specified in Section 1837 of the Czech Civil Code.
4. To exercise the right of withdrawal, the Buyer must send a clear statement of withdrawal before the withdrawal period expires.
5. The Buyer may use the model withdrawal form provided by the Seller. The notice of withdrawal must be sent to the Seller’s e-mail or postal address specified in these Terms and Conditions. The Seller shall confirm receipt without undue delay.
6. The Buyer must return the goods to the Seller within 14 days of withdrawal. The Buyer bears the direct cost of returning the goods.
7. If the Buyer withdraws from the contract, the Seller shall refund all payments received, including delivery costs, within 14 days of receiving the withdrawal notice, using the same payment method unless otherwise agreed.
8. If the Buyer selected a delivery method other than the least expensive standard delivery method offered by the Seller, the Seller shall reimburse only the equivalent cost of the least expensive delivery option.
9. The Seller is not obliged to refund payments before receiving the returned goods or proof that the goods have been dispatched back.
10. Where reasonably possible, the Buyer should return the goods in their original packaging. The Seller may offset any compensation for damage against the refund due.
11. The Seller may withdraw from the Purchase Agreement due to stock depletion, unavailability of goods, or discontinuation of production or supply by the manufacturer, importer, or supplier. In such a case, the Seller shall promptly inform the Buyer and refund all payments received within 14 days.
VII. Rights Arising from Defective Performance (Claims)
1. 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, at the time the Buyer takes possession of the goods:
● the goods possess the characteristics agreed upon by the parties; in the absence of such agreement, they possess the characteristics described by the Seller or the manufacturer, or those which the Buyer could reasonably expect in view of the nature of the goods and any advertising relating to them;
● the goods are fit for the purpose specified by the Seller or for the purpose for which goods of that kind are usually used;
● the goods correspond in quality and workmanship to any agreed sample or model, where the quality or workmanship was determined by reference to such sample or model;
● the goods are supplied in the appropriate quantity, measure, or weight and comply with applicable legal requirements.
2. The Buyer is entitled to exercise rights arising from defects occurring within 24 months of receipt of consumer goods.
3. If a period during which the goods may be used, or a quality guarantee period, is stated on the goods, their packaging, accompanying instructions, or advertising in accordance with applicable legal regulations, the provisions relating to a quality guarantee shall apply. By providing a quality guarantee, the Seller undertakes that the goods will be fit for their ordinary purpose or retain their usual characteristics for the specified period. If the Buyer rightfully notifies the Seller of a defect in the goods, the period for exercising rights arising from defective performance and the warranty period shall not run for the time during which the Buyer is unable to use the defective goods.
4. The provisions of the preceding paragraph shall not apply to goods sold at a reduced price due to a defect for which the reduced price was agreed, to wear and tear caused by normal use, to defects corresponding to the degree of use or wear and tear of second-hand goods at the time of receipt by the Buyer, or where this results from the nature of the goods. The Buyer shall not be entitled to rights arising from defective performance if they knew of the defect before taking possession of the goods or if they caused the defect themselves.
5. In the event of a defect, the Buyer may request:
● replacement of the goods;
● repair of the goods;
● a reasonable discount on the purchase price;
● withdrawal from the contract.
6. The Buyer may withdraw from the contract if:
● the defect constitutes a material breach of contract;
● repeated occurrence of defects prevents proper use of the goods;
● the goods suffer from multiple defects.
7. A material breach of contract is a breach that the breaching party knew or should have known would have caused the other party not to conclude the contract had it foreseen the breach.
8. In the case of a non-material breach, the Buyer is entitled to have the defect remedied or to receive a reasonable discount.
9. If a removable defect reoccurs repeatedly after repair (typically a third claim regarding the same defect or a fourth claim regarding different defects), or if the goods suffer from multiple defects (generally at least three defects simultaneously), the Buyer may request a discount on the purchase price, replacement of the goods, or withdrawal from the Purchase Agreement.
10. When submitting a claim, the Buyer is required to inform the Seller which right they have chosen to exercise. A change of the chosen remedy without the Seller’s consent is only possible if the Buyer requested repair of a defect that subsequently proves to be irremovable. If the Buyer fails to choose their right arising from a material breach of contract in a timely manner, they shall have the same rights as in the case of a non-material breach of contract. To submit a claim and initiate the claim procedure, the Buyer must truthfully complete the claim form available at: https://forms.gle/Dj4cMJmh22C9tVw37
11. If repair or replacement is not possible, the Buyer may request a full refund following withdrawal from the contract.
12. If the Seller proves that the Buyer knew of the defect before taking possession of the goods or caused the defect themselves, the Seller shall not be obliged to satisfy the Buyer’s claim.
13. The Buyer may not submit a claim regarding a defect for which the goods were sold at a reduced price.
14. The Seller shall accept claims at any premises where acceptance is possible or at its registered office. The Seller is obliged to issue a written confirmation to the Buyer stating when the Buyer exercised the right, what the content of the claim is, and what method of claim resolution the Buyer requests, as well as a confirmation of the date and method of the claim resolution, including a confirmation of the repair carried out and its duration, or a written justification for the rejection of the claim.
15. The Seller or an employee authorized by them shall decide on the claim immediately, or within three business days in complex cases. This period does not include a reasonable time
required for an expert assessment of the defect, depending on the type of product or service. The claim, including the remedy of the defect, must be resolved without undue delay, no later than 30 days from the date the claim was submitted, unless the Seller and the Buyer agree on a longer period. The futile expiry of this period shall be considered a material breach of contract, and the Buyer shall have the right to withdraw from the Purchase Agreement. The Seller shall inform the Buyer of the outcome of the claim in writing.
16. The Seller shall inform the Buyer of the outcome of the complaint in writing.
17. The Buyer shall not be entitled to rights arising from defective performance if they knew of the defect before taking possession of the goods or if they caused the defect themselves.
18. In the event of a justified claim, the Buyer is entitled to reimbursement of reasonably incurred costs associated with exercising their rights. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period; otherwise, a court may refuse to grant it.
19. The Buyer has the right to choose the method of claim settlement.
20. Rights and obligations of the parties relating to defective performance shall be governed by Sections 1914–1925, 2099–2117 and 2161–2174 of the Czech Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
21. Further rights and obligations relating to the Seller’s liability for defects are governed by the Seller’s Complaints Procedure.
VIII. Delivery of Notices
1. The parties may deliver all written correspondence to each other electronically via e-mail.
2. The Buyer shall send correspondence to the Seller’s e-mail address specified in these Terms and Conditions. The Seller shall send correspondence to the e-mail address specified in the Buyer’s account or order.
IX. Personal Data Protection
1. All information provided by the Buyer is treated as confidential. Personal data shall be processed solely for the purpose of fulfilling contractual obligations unless the Buyer gives explicit consent for other uses. The Buyer’s e-mail address may be used to send commercial communications relating to similar goods or services unless the Buyer opts out. Such communications may be unsubscribed from at any time. The e-mail address will be retained for this purpose for a period of three years following the conclusion of the last contract between the parties.
2. More detailed information on personal data processing can be found in the Seller’s Privacy Policy.
X. Alternative Dispute Resolution
1. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, Company ID No. 000 20 869, website: https://adr.coi.cz/en, is competent for out-of-court settlement of consumer disputes arising from Purchase Agreements.
2. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may also be used for resolving disputes between the Seller and the Buyer.
3. The Seller is authorized to sell goods on the basis of a valid trade licence. Supervision is carried out by the competent trade licensing authority and the Czech Trade Inspection Authority.
XI. Final Provisions
1. All legal relationships between the Seller and the Buyer shall be governed by the laws of the Czech Republic. This shall not affect consumer rights arising from mandatory legal provisions.
2. The Seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Czech Civil Code.
3. All rights to the Seller’s website, including copyrights, trademarks, logos, photographs, graphics, texts, and other content, belong to the Seller. Any copying, modification, or use without prior written consent is prohibited.
4. The Seller shall not be liable for any errors arising as a result of unauthorized interference by third parties with the Online Store or as a result of the Online Store being used contrary to its intended purpose. When using the Online Store, the Buyer must not employ any procedures or engage in any activities that could adversely affect its operation. The Buyer must not engage in any activity that could enable the Buyer or any third party to gain unauthorized access to, interfere with, or make unauthorized use of the software, systems, or other components comprising the Online Store, nor use the Online Store, any part thereof, or its software in a manner contrary to its intended purpose or function.
5. The Buyer assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Czech Civil Code.
6. The Purchase Agreement, including these Terms and Conditions, is archived electronically by the Seller and is not publicly accessible.
7. The Seller may amend or supplement these Terms and Conditions. Such amendments shall not affect rights and obligations arising during the validity of previous versions.
8. A model withdrawal form forms an integral part of these Terms and Conditions.
These Terms and Conditions become effective on 1 January 2022.