These Terms and Conditions apply for purchases from the online store
of PROGRESS sportswear, s.r.o. from 1 January 2016
Trade name: PROGRESS sportswear, s.r.o.
Registered office: Pražská 483, Písek 39701
Company Identification No.: 26070944, Tax ID No.: CZ 26070944
The company is registered in the Commercial Register kept by the Regional Court in České Budějovice, Section. C, insert 12069
Terms and Conditions for sale of goods through an online shop located at www.progress-cz.cz
1. Introductory Provisions
1.1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") regulate the rights and obligations arising from the purchase agreement concluded between PROGRESS sportswear, s.r.o., registered office at Pražská 483, 397 01 Písek, Czech Republic, incorporated in the company is registered in the Commercial Register kept by the Regional Court in České Budějovice, Section. C, insert 12069, as the seller (hereinafter referred to as the “Seller”) and the buyer who is a consumer, as defined in Section 419 of Act No. 89/2012 Coll., as amended, (hereinafter referred to as the “Buyer”).
1.1.1. Consumer, in Section 419 Act No. 89/2012 Coll., as amended, defined as a person who concludes an agreement with an entrepreneur or enters into other acts with an entrepreneur outside of his business or outside his independent profession (hereinafter referred to as "Consumer Buyer").
1.2.1. Entrepreneur, in Section 420 Act No. 89/2012 Coll., as amended, defined as a person who concludes a purchase agreement related to his own business, manufacture or similar activity or within his independent profession, or as the case may be, a person who acts on behalf or at the account of an entrepreneur (hereinafter referred to as "Entrepreneur Buyer").
1.2. If the provisions of these Terms and Conditions apply similarly to the Consumer Buyer and the Entrepreneur Buyer, he shall be collectively referred to as "Buyer".
1.3. Place of business – distribution warehouse is located at the address Pražská 483, 397 01 Písek (hereinafter referred to as "Place of Business"). The Seller's company store is at the address Velké náměstí 119, 397 01 Písek (hereinafter referred to as "Company Store").
1.4. Legal relations between the Seller and the Entrepreneur Buyer not expressly regulated by these Terms and Conditions or by the purchase agreement shall be governed by the applicable provisions of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as "Civil Code") and Act No. 634/1992 Coll. on Consumer Protection, both as amended.
1.5. These Terms and Conditions shall not regulate relations between the Seller and the Buyer concluding the purchase agreement in connection with his own business, manufacture or similar activity or within his independent profession, or a person who acts on behalf or at the account of an entrepreneur.
1.6. If there are any discrepancies between the text hereof and the purchase agreement between the Seller and the Buyer, the text of the purchase agreement shall prevail.
1.7. The provisions of these Terms and Conditions form an integral part of the purchase agreement.
1.9. The online store is operated by the Seller on the website: www.progress-cz.cz
2. Orders and Conclusion of Purchase Agreement
2.1. Any and all orders of goods through the online store www.progress-cz.cz shall be deemed binding. By placing an order the Buyer agrees that he is familiar with these Terms and Conditions and the Complaints Policy, that they are comprehensible and that he accepts them without reservation.
2.2. Any and all presentations of goods on the store interface are for information purposes only, and the Seller is not obliged to conclude a purchase agreement for such goods.
2.3. To order goods, the Buyer fills in the order form on the online store website. Prior to sending the order, the Buyer is able to check and change the information entered in the order to correct any mistakes made when filling in the order form.
2.4. The Buyer’s order constitutes a draft purchase agreement. The purchase agreement is concluded as of the moment the order is confirmed by the Seller; this confirmation will be sent by electronic mail to the Buyer's e-mail address specified in the order. Mutual rights and obligations between the Seller and the Buyer shall originate as of that moment.
2.5. For the electronic order to be valid, all the data and requisites of the registration form must be completed correctly and truthfully and the content of the order must be confirmed. The information entered by the Buyer shall be considered correct.
2.6. The place of delivery is the address stated by the Buyer in the registration form.
2.7. The title to the goods is transferred to the Buyer as of the moment the purchase price is paid and received in full.
2.8. The Buyer consents to the use of remote communication in connection with the conclusion of the purchase agreement. Costs incurred by the Buyer and related to the use of remote communication in connection with the conclusion of the purchase agreement (the costs of Internet connection, telephone fees) shall be borne by the Buyer.
2.9. Depending on the nature of the order (quantity of goods, purchase price, expected costs of transportation), the Seller is entitled to request that the Buyer reconfirm the order (e.g. in writing or by telephone).
2.10. The Buyer acknowledges that the Seller is not obliged to conclude the purchase agreement, in particular with persons who have previously breached a purchase agreement or the Terms and Conditions.
2.11. The Seller shall enable purchases to be made without registration and shall use the data of non-registered Buyers solely for the fulfillment of the subject of the purchase agreement.
3. Protection of Personal Data and Sending Commercial Messages
3.1. The personal data of a Buyer who is a natural person is protected under Act No. 101/2000 Coll., on Personal Data Protection, as amended.
3.2. The Buyer agrees to allow the following personal data to be processed: name and surname, billing and mailing address, identification number, tax identification number, e-mail address, telephone number (hereinafter jointly referred to as “Personal Data”).
3.3. The Buyer agrees to allow his Personal Data to be processed by the Seller for the purpose of exercising the rights and fulfilling the obligations under the purchase agreement and for the purpose of sending information and commercial messages to the Buyer.
3.4. The Buyer acknowledges that he must enter his Personal Data (in the registration process, on his customer account, in the order placed through the store interface) accurately and truthfully and must inform the Seller of any change in the Personal Data or update the Personal Data on the customer account). The Buyer has the right to access its Personal Data and to correct them, as well as other statutory rights to these data.
3.5. The Seller shall not disclose the Buyer’s Personal Data to third parties without the prior consent of the Buyer, except to persons transporting goods.
3.6. Personal Data shall be processed for an indefinite period. Personal Data shall be processed electronically using the automated method.
3.7. The Buyer confirms that the Personal Data are accurate and that he has been informed that their provision is voluntary. The Buyer declares that he has been instructed that he may revoke consent to the processing of Personal Data by the Seller by issuing written notification delivered to Seller’s address. In the event that the Buyer believes that the Seller processes his Personal Data in contradiction with the principles governing the protection of the Buyer’s private and personal life or in contradiction with the law (par. 3.5.), in particular when the Personal Data are inaccurate with regard to the purpose for which they are processed, he may:
a) ask the Seller to provide an explanation;
b) request that the Seller remedy the matter. This may in particular include blocking, correcting, completing or deleting the Personal Data. If the Buyer's request under the preceding sentence is found to be justified, the Seller shall remedy the situation accordingly. If the Seller does not satisfy such a request, the Buyer may directly address the Office for Personal Data Protection. This provision shall not affect the Buyer's right to address the Office for Personal Data Protection directly.
3.8. The Buyer agrees to being sent information related to the order, goods, services or enterprise of the Seller to his electronic address.
3.9. On the basis of the Buyer's registration, the Seller is entitled to send its own commercial messages until the Buyer informs the Seller of his wish to terminate the commercial messages or until he cancels them on his client account.
3.10. The Buyer agrees that he shall be contacted via telephone or e-mail by the relevant department (Customer Service) or the contractual carrier of the Seller in order to confirm the order or to arrange the delivery or personal collection of the goods.
4. Price of Goods and Payment Terms
4.1. The prices of goods, services and shipping are quoted in CZK. Value added tax (VAT) is always quoted under Act No. 235/2004 Coll., on Value Added Tax. Prices in the e-shop are contractual prices, always up-to-date and valid, with the exception of apparent errors. The Seller reserves the right to change the prices.
4.2. The Buyer shall reimburse the Seller for the costs of packaging and delivering the goods in the stipulated amount, together with the purchase price (see Art. 8). The price of the goods together with the costs of packaging and delivering the goods constitutes the total purchase price.
4.3. The Buyer shall pay the purchase price to the Seller using one of the methods below:
a) in cash upon receipt of the goods by "cash on delivery". The Buyer's identity is verified upon handover of the goods.
b) in cash at the Company Store in Písek when collecting in person or at other pickup points when collecting in person.
c) Cashless by credit card
4.4. If settled in cash or by "cash on delivery", the purchase price is payable upon receipt of the goods.
4.5. The Seller shall issue a tax document (invoice) for payments pursuant to the purchase agreement.
4.6. The Seller is a VAT payer.
5. Dispatch Periods and Related Documents
5.1.1. Unless mentioned otherwise in the description of the product, all goods that are in stock shall be passed on to the carrier no later than by the third business day after receipt of the order.
5.1.2. If the goods are ordered with delivery to one of our pickup points, those goods shall be available no later than on the tenth business day after receipt of the order. The pickup point shall inform the Buyer by telephone, e-mail or SMS that he can collect the goods.
5.2. If the goods are ordered from abroad, the delivery period may be longer.
5.3. The Seller reserves the right to prolong the dispatch period if the goods are out of stock or if any unexpected events occur. The Buyer shall be informed of a potential longer delivery period by e-mail to his e-mail address or by telephone via the contact details provided by the Buyer upon conclusion of the purchase agreement or upon registration.
5.4. If only a part of the ordered goods are out of stock, the Buyer may request the delivery of only the goods that are in stock. In such a case, the Buyer shall pay the costs of packaging and shipping for each consignment.
6. Transport and Delivery of Goods
6.1. Under par. 5.2., the Buyer shall pay the costs of packaging and delivering the goods together with the purchase price.
6.2.1. If the purchase exceeds CZK 2000 VAT incl., the Buyer shall not pay packaging and shipping costs under par. 8.1. to an address in the Czech Republic.
6.2.2. If the goods are delivered to one of the Seller's pickup points, the Buyer shall not pay costs under par. 8.1., either.
6.3. The goods shall be shipped and delivered using one of the following methods, assuming that the method is available for the given delivery address:
a) By personal collection from the Company Store or a pickup point
b) By Czech Post
c) By PPL shipping service
d) By DPD shipping service
In the Czech Republic:
a) Personal collection from the Company Store or a pickup point – free of charge
b) Czech Post – CZK 89
c) PPL – CZK 89
d) DPD – CZK 99
e) Cash on delivery +30 CZK
f) In all other cases, the fee shall be individual
Shipping costs depend on the carrier and service and on the weight of the consignment and country of delivery. The Buyer shall be informed of the shipping costs individually.
6.5. The Buyer is obliged to check that the packaging of the goods is intact upon receipt of the goods, and should he find any defects, he shall promptly notify the carrier thereof. If the Buyer finds damage to the packaging suggesting that the consignment has been tampered with, the Buyer shall not be obliged to accept the consignment. By signing the carrier's delivery note, the Buyer confirms that the consignment, including the packaging, has met all the conditions and requisites; later complaints concerning damage of packaging shall be disregarded.
6.6. If the consignment is returned as undeliverable for reasons on part of the Buyer, the Seller is entitled to claim compensation for costs related to the delivery.
6.7. If the consignment is not delivered under par. 8.6., the Buyer shall be requested by telephone, e-mail or SMS to issue instructions regarding the consignment.
6.8. If the Buyer asks for a repeated delivery of the consignment, he shall also pay any previous handling and shipping costs in excess of the total price.
7. Rights and Obligations Arising from Defective Fulfillment, Warranty
7.1. The Seller undertakes to provide fulfillment to the Buyer duly, faultlessly and in accordance with the dispatch deadlines specified under Art. 5.
7.2. The Seller is liable to the Buyer for ensuring that the product is free of defects upon receipt. The Seller in particular guarantees to the Buyer that at the time the product is accepted by the Buyer:
a) the product has the properties agreed between the parties; if no such agreement has been made, the product has the properties described by the Seller or the manufacturer or those expected by the Buyer with regard to the nature of the product and on the basis of the Seller or the manufacturer’s advertisements;
b) the product is fit for the purpose declared by the Seller or the purpose for which that product is typically used;
c) the quality and design of the product conforms to the stipulated sample or template, if the quality or design was determined according to a stipulated sample or template;
d) the quantity, size or weight of the product are as demanded;
e) the product complies with the requirements stipulated by the law.
7.3. Article 9.2. shall not apply:
a) to a defect in a product sold at a lower price due to such a defect;
b) to ordinary wear and tear caused by standard use;
c) in the case of a used product, to a defect corresponding to the degree of wear or tear at the time of acceptance by the Buyer;
d) or if it follows from the nature of the product.
7.4. If the defect manifests itself within six months of receipt, the product shall be deemed defective upon receipt.
7.5. The Buyer shall inspect the product and check its properties and quantity as soon as possible upon receipt.
7.6. The Consumer Buyer is entitled to assert the right to claim against defects in consumer goods within 24 months of accepting the goods.
7.7. Further rights of the Buyer and the Seller as well as the procedure used to exercise rights from defective fulfillment are regulated by the Seller’s Complaints Policy.
7.8. The rights and obligations of the parties concerning defective fulfillment are governed by the generally binding legislation (in particular the provisions of Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code).
8.1. Under Section 1829 par. 1 of the Civil Code, the Consumer Buyer is entitled to withdraw from the purchase agreement without stating the reason within 14 days of the date following the day on which the Buyer or a person authorized by the Buyer (other than the carrier) takes delivery of the goods.
8.2. In order to exercise the right to withdraw from the purchase agreement, the Consumer Buyer shall inform the Seller of the withdrawal in writing or by e-mail at email@example.com.
8.3. The notice of withdrawal must be sent prior to the lapse of the above period, to ensure that this deadline is met.
8.4. If the Consumer Buyer withdraws from the purchase agreement, all payments received by the Seller from the Consumer Buyer including costs of delivery shall be refunded to the Buyer without undue delay and no later than within 30 days of the day on which the Seller received the notice of withdrawal (and the returned goods). The Seller shall send the refund to the Buyer's bank account, unless agreed otherwise.
8.5. If the Consumer Buyer has chosen method of delivery other than the least expensive method offered by the Seller, the Seller shall refund the delivery costs corresponding to the least expensive delivery method.
8.6. If the Consumer Buyer only partially withdraws from the purchase agreement, the Seller shall reimburse the Consumer Buyer only for the delivery costs in the amount of the part from which the Consumer Buyer withdraws.
8.7. Under Section 1832 par. 3 Civil Code, the Consumer Buyer shall bear the costs related to returning the goods to the Seller.
8.8. The Seller shall refund the payment after receipt of the goods or when the Buyer demonstrates he has sent the goods to the Seller, whichever occurs first.
8.9. The Buyer shall return the goods without undue delay, no later than within 14 days of withdrawal from the purchase agreement to the address PROGRESS Sportswear s.r.o., Pražská 483, 397 01 Písek. The goods shall not be accepted in the Company Store or at any of the pickup points. The deadline shall be considered to have been met if the goods are sent back within 14 days.
8.10. The goods must be returned to the Seller undamaged, unworn and, if possible, in the original packaging.
8.11. The Consumer Buyer is only liable for depreciation of the goods caused by handling the goods in violation of the proper handling procedures with regard to their nature and properties.
8.12. The Consumer Buyer acknowledges that if the returned goods are damaged, used or even partially consumed, the Seller becomes entitled to claim compensation from the Buyer for any damage incurred. The claim for damages may be unilaterally offset by the Seller against the Consumer Buyer’s claim for the refund of the purchase price.
8.13. The Buyer acknowledges that pursuant to Section 1837 of the Civil Code, he may not withdraw from a purchase agreement for the supply of goods that were custom-made (e.g. tailored clothes) and for the supply of sealed goods which were taken out of their packaging by the Buyer and cannot be returned for reasons of hygiene.
8.14. The Seller reserves the right to withdraw from the purchase agreement if:
a) the goods are not accepted by the Buyer;
b) the consignment is returned as undeliverable for reasons on the part of the Buyer and the Buyer has not given a statement concerning further action within 7 days of the first call under par. 8.8.;
c) if the payment has not been transferred to the Seller's account within 5 business days of the maturity date and the Buyer has not given a statement concerning further action within 7 days of the first call.
8.15. In case of replacement of goods the shipping is fully paid by the buyer.
9. Final Provisions
9.1. These Terms and Conditions shall become valid and effective on 1 January 2018 and supersede the previous Terms and Conditions in full (Terms and Conditions valid until 31 December 2017).
9.2. The purchase agreement and all issues related thereto shall be governed by Czech law, if the choice of law is admissible.
9.3. Changes and amendments to the purchase agreement must be made in writing.
9.4. By sending an electronic order, the Buyer unreservedly accepts all provisions of the Terms and Conditions in the wording valid on the day the order is dispatched as well as the price of the ordered goods (including shipping and packaging costs) valid as of the same date, as stated in the online store at www.progress-cz.cz, unless provably agreed otherwise in a particular case. The Buyer shall be irrevocably bound by the order (draft purchase agreement) when sent.
9.5. Unless stipulated otherwise, the rights and obligations of the parties shall be governed by the applicable provisions of the Civil Code.