Home / General Terms and Conditions

General Terms and Conditions

GENERAL TERMS AND CONDITIONS
of the company
Procolecto s.r.o.
registered at Na Rybníčku 1325, 396 01 Humpolec, Czech republic
Company ID: 219 44 423
registered with the Regional Court in České Budějovice, file no. C 34574
(We are not VAT payers!)

for the sale of goods through the online store located at www.eshop.procolecto.com

INTRODUCTORY PROVISIONS
These terms and conditions (hereinafter referred to as the "Terms and Conditions") of Procolecto s.r.o., with its registered office at Na Rybníčku 1325, 396 01 Humpolec, Czech republic, Company ID: 219 44 423, registered with the Regional Court in České Budějovice, file no. C 34574 (hereinafter referred to as the "Seller") govern in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code"), and in accordance with the Consumer Protection Act (No. 634/1992 Coll.), the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase contract (hereinafter the "Purchase Contract") concluded between the Seller and another natural person (hereinafter the "Buyer") via the Seller's online store. The online store is operated by the Seller on a website located at www.eshop.procolecto.com (hereinafter the "Website") through the Website interface (hereinafter the "Web Interface of the Store").

  • The Terms and Conditions do not apply to cases where a person intending to purchase goods from the Seller is a legal entity or a person acting within the scope of their business activity or within the scope of their independent profession when ordering goods.
  • Provisions differing from the Terms and Conditions can be agreed upon in the Purchase Contract. Diverging arrangements in the Purchase Contract take precedence over the provisions of the Terms and Conditions.
  • The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and Terms and Conditions are drawn up in Czech. The Purchase Contract can be concluded in Czech, English, or German.
  • The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations that arose during the period of validity of the previous version of the Terms and Conditions.

USER ACCOUNT

  • Based on the Buyer's registration on the Website, the Buyer can access their user interface. From the user interface, the Buyer can order goods (hereinafter the "User Account"). If the Web Interface of the Store allows, the Buyer can also order goods without registration directly from the Web Interface of the Store.
  • When registering on the Website and ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the data in the User Account in the event of any change. The data provided by the Buyer in the User Account and when ordering goods are considered correct by the Seller.
  • Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.
  • The Buyer is not authorized to allow third parties to use the User Account.
  • The Seller may cancel the User Account, especially if the Buyer does not use their User Account for more than 90 days or if the Buyer breaches their obligations under the Purchase Contract (including the Terms and Conditions).
  • The Buyer acknowledges that the User Account may not be available continuously, especially regarding necessary maintenance of the Seller's hardware and software, or necessary maintenance of third-party hardware and software.

CONCLUSION OF THE PURCHASE CONTRACT

  • All presentation of goods placed in the Web Interface of the Store is of an informative nature, and the Seller is not obliged to conclude a Purchase Contract regarding this goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
  • The Web Interface of the Store contains information about goods, including the prices of individual items and the costs of returning the goods, if the goods by their nature cannot be returned by standard postal methods. Goods prices are listed including value-added tax and all related charges. Goods prices remain valid for as long as they are displayed in the Web Interface of the Store. This provision does not limit the Seller's ability to conclude a Purchase Contract under individually negotiated terms.

The Web Interface of the Store also contains information about the costs associated with packaging and delivery of goods. The costs related to packaging and delivery of goods listed in the Web Interface of the Store are valid only in cases where the goods are delivered 

  • within the territory of the Czech Republic.
  • To order goods, the Buyer fills in the order form in the Web Interface of the Store. The order form mainly includes information about:
    • the ordered goods (the Buyer "inserts" the ordered goods into the electronic shopping cart of the Web Interface of the Store),
    • the payment method of the purchase price of the goods, information about the required method of delivery of the ordered goods, and
    • information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
  • Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the Order, including the ability to detect and correct errors made when entering data into the Order. The Order is sent by the Buyer to the Seller by clicking on the "ORDER" button. The data provided in the Order is considered correct by the Seller. The Seller will immediately confirm the receipt of the Order to the Buyer by email to the email address of the Buyer stated in the User Account or in the Order (hereinafter the "Buyer's Email Address").
  • The Seller is always entitled, depending on the nature of the Order (quantity of goods, purchase price, expected shipping costs), to request additional confirmation of the Order from the Buyer (e.g., in writing or by phone).
  • The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by email, to the Buyer's Email Address.
  • The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. Costs incurred by the Buyer in using remote communication means in connection with the conclusion of the Purchase Contract (costs of Internet connection, telephone calls) are borne by the Buyer themselves, and these costs do not differ from the basic rate.

PRICE OF GOODS AND PAYMENT TERMS

  • The Buyer may pay the price of the goods and any costs associated with the delivery of goods under the Purchase Contract to the Seller in the following ways:
    • cashless by transfer to the Seller's account no. IBAN CZ45 5500 0000 0001 8265 7678, SWIFT RZBCCZPP (hereinafter the "Seller's Account");
    • by payment card;
    • in cash.
  • Along with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
  • The Seller does not require the Buyer to make an advance payment or any similar payment. This does not affect the provisions of Article 6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
  • In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of a cashless payment, the purchase price is due immediately after the conclusion of the Purchase Contract.
  • In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of a cashless payment, the Buyer's obligation to pay the purchase price is fulfilled when the respective amount is credited to the Seller's Account.
  • The Seller is entitled, especially if the Buyer does not confirm the Order additionally (Article 4), to demand payment of the full purchase price before sending the goods to the Buyer. The provisions of Section 2119(1) of the Civil Code shall not apply.
  • Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined.
  • If customary in commercial relations or if stipulated by generally binding legal regulations, the Seller shall issue the Buyer a tax document – invoice regarding payments made under the Purchase Contract. The Seller is not a VAT payer. The Seller shall issue the tax document – invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's Email Address.

WITHDRAWAL FROM THE PURCHASE CONTRACT

  • The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods that were modified according to the Buyer’s wishes or for their person, from a purchase contract for the supply of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery, from a purchase contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and for hygienic reasons cannot be returned, and from a purchase contract for the supply of audio or video recordings or computer programs if their original packaging has been damaged.
  • If it is not a case referred to in Article 1 of these Terms and Conditions or another case in which the purchase contract cannot be withdrawn from, the Buyer has the right, in accordance with Section 1829 (1) of the Civil Code, to withdraw from the purchase contract within fourteen (14) days from the date of receipt of the goods. In the case of multiple types of goods or delivery in several parts, this period begins on the date of receipt of the last delivery. The withdrawal must be sent to the Seller within the aforementioned period. The Buyer may send the notice of withdrawal to the Seller’s business address or email address: office@procolecto.com.
  • In the event of withdrawal from the purchase contract in accordance with these Terms and Conditions, the purchase contract is canceled from the outset. The goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal notice. If the Buyer withdraws from the purchase contract, they shall bear the costs associated with returning the goods to the Seller, even if the goods cannot be returned by regular postal means due to their nature.
  • In the event of withdrawal from the purchase contract, the Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal, using a non-cash method to the account specified by the Buyer. The Seller may also return the funds at the time the goods are returned or in another manner, if the Buyer agrees and it does not incur additional costs. The Seller is not obliged to return the received funds before the Buyer has returned the goods or proven that they were sent back.
  • The Seller is entitled to unilaterally offset the claim for compensation of damage caused to the goods against the Buyer’s claim for a refund of the purchase price.
  • In cases where the Buyer is entitled to withdraw from the purchase contract under Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the purchase contract at any time until the goods are received by the Buyer. In such a case, the Seller shall refund the purchase price to the Buyer without undue delay, using a non-cash method to the account specified by the Buyer. 
  • If a gift is provided to the Buyer together with the goods, a gift agreement is concluded between the Seller and the Buyer with a condition subsequent that if the Buyer withdraws from the purchase contract, the gift agreement ceases to be effective and the Buyer is obliged to return the provided gift along with the goods in its original condition.

SHIPPING AND DELIVERY OF GOODS

  • If the mode of transport is arranged based on the Buyer’s specific request, the Buyer bears the risk and any additional costs associated with this method of transport.
  • If the Seller is obliged, under the purchase contract, to deliver the goods to a location specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.
  • If the goods need to be delivered repeatedly or in a different manner than stated in the order due to reasons on the part of the Buyer, the Buyer shall bear the costs associated with repeated delivery or any alternative delivery method.
  • Upon receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and immediately notify the carrier of any defects. If any signs of tampering are evident, the Buyer is not obliged to accept the shipment from the carrier. 
  • Further rights and obligations related to the transport of goods may be governed by special delivery terms issued by the Seller, if applicable.

RIGHTS FROM DEFECTIVE PERFORMANCE

  • The rights and obligations of the contracting parties regarding defective performance are governed by the relevant generally binding legal regulations (in particular Sections 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).
  • The Seller is liable to the Buyer for ensuring that the goods are free from defects upon receipt. In particular, the Seller guarantees that at the time the Buyer receives the goods:
    • the goods have the characteristics agreed upon by the parties; if not agreed, they have the characteristics described by the Seller or the manufacturer or that the Buyer expected given the nature of the goods and advertising,
    • the goods are suitable for the purpose stated by the Seller or for the usual purpose for which such goods are intended,
    • the goods match the quality or workmanship of a sample or model, if such quality or workmanship was determined based on an agreed sample or model,
    • the goods are in the appropriate quantity, measure, or weight, and
    • the goods comply with legal regulations.
  • The provisions in these Terms and Conditions do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, wear and tear caused by normal use, or in the case of used goods, for defects corresponding to the level of use or wear the goods had upon acceptance by the Buyer, or if it arises from the nature of the goods.
  • If a defect appears within six months of receipt, the goods are presumed to have been defective upon receipt. The Buyer is entitled to exercise rights from defects that appear in consumer goods within twenty-four months of receipt.
  • The Buyer shall exercise rights from defective performance at the Seller’s place of business, where complaints can be accepted with regard to the range of sold goods, or at the Seller’s registered office or place of business. 
  • Further rights and obligations of the parties related to the Seller’s liability for defects may be specified in the Seller’s complaint procedure.

OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

  • The Buyer acquires ownership of the goods by paying the full purchase price.
  • 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.
  • The Seller handles consumer complaints via the email address: info@setrice.eu. The Seller will send information about complaint resolution to the Buyer’s email address.
  • The Czech Trade Inspection Authority, based at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the purchase contract. The platform for online dispute resolution, located at http://ec.europa.eu/consumers/odr, may be used for resolving disputes between the Seller and the Buyer from the purchase contract. 
  • The European Consumer Centre Czech Republic, based at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.
  • The Seller is authorized to sell goods based on a trade license. Trade control is performed by the relevant trade licensing office. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
  • The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765 (2) of the Civil Code.

FINAL PROVISIONS

  • If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
  • If any provision of these Terms and Conditions is or becomes invalid or ineffective, such invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid one. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.
  • The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
  • An appendix to the Terms and Conditions is a sample withdrawal form.
  • Seller’s contact details: delivery address: Na Rybníčku 1325, 396 01 Humpolec, Czech republic, email: office@procolecto.com, phone: +420 608 386 845.

These Terms and Conditions come into force and effect on 1 January 2025.


POSTAGE AND PACKAGING


Postage and packaging fees are displayed directly in the shopping cart. They are determined based on the purchase amount and the selected payment method. For bank transfer payment (in advance) or card payment, the postage and packaging fee is 95.00 CZK.


Personal Data Protection
The supplier’s personal data processing policy is available at www.procolecto.com, and the customer confirms that they have read these policies.


These Terms and Conditions are published on the supplier’s website www.procolecto.com.

What are you looking for?