Terms and Conditions
All information on the processing of Your personal data is contained in these Terms or in the Privacy Policy, which you can find here [https://www.basket-obchod.cz/cs/personal-data].
The provisions of these Terms form an integral part of the Contract. The Contract and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement the wording of the Terms. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms.
As you surely know, we communicate primarily at a distance. Therefore, for our Contract it also applies that means of distance communication are used, which allow us to agree without Your and Our simultaneous physical presence, and the Contract is thus concluded remotely in the E-shop environment, via the website interface (the “web interface of the E-shop”).
If any part of the Terms conflicts with what we jointly agreed during the process of Your purchase on Our E-shop, that specific agreement shall take precedence over the Terms.
SOME DEFINITIONS
Price is the monetary amount You will pay for the Goods;
Shipping Price is the monetary amount You will pay for the delivery of the Goods, including the price for its packaging;
Total Price is the sum of the Price and the Shipping Price;
VAT is value added tax under applicable legal regulations;
Invoice is a tax document issued in accordance with the VAT Act for the Total Price;
Order is Your binding proposal to conclude a Contract for the purchase of Goods with Us;
User Account is an account established on the basis of the data You provide, which allows storage of the entered data and keeping a history of ordered Goods and concluded Contracts;
You are the person purchasing on Our E-shop, referred to by legal regulations as the buyer;
Goods are everything You can purchase on the E-shop.
General provisions and information
Goods can only be purchased through the web interface of the E-shop.
When purchasing Goods, it is Your obligation to provide Us with all information correctly and truthfully. We will therefore consider the information You provided to Us in the Order to be correct and truthful.
On our E-shop we also provide access to product reviews made by other consumers. We ensure and verify the authenticity of such reviews by linking ratings to specific orders; in our internal system we see the linked order ID for each review and are thus able to verify and demonstrate that the review comes from a real consumer.
CONCLUSION OF THE CONTRACT
The Contract with Us can be concluded only in the Czech language.
All presentation of goods placed in the web interface of the E-shop is for information purposes only and the seller is not obliged to conclude a purchase contract for such Goods. The provision of Section 1732(2) of the Civil Code shall not apply.
The Contract is concluded remotely via the E-shop, and You bear the costs of using means of distance communication. However, these costs do not differ from the basic rate that You pay for the use of such means (in particular for internet access), so You should not expect any additional costs charged by Us beyond the Total Price. By sending the Order You agree that we use means of distance communication.
To conclude the Contract, You must create an Order on the E-shop. The following details must be included in this proposal:
Information about the Goods being purchased (on the E-shop You mark the Goods You are interested in buying with the “Add to cart” button);
Information about the Price, the Shipping Price, the method of payment of the Total Price and the requested method of delivery of the Goods; this information will be entered when creating the Order in the user interface of the E-shop, and information about the Price, the Shipping Price and the Total Price will be provided automatically based on the Goods You have selected and the method of its delivery and payment;
Your identification and contact details necessary for us to deliver the Goods, in particular name, surname, delivery address, phone number and e-mail address.
During the creation of the Order, You may change and check the data until its completion. After the check, You complete the Order by pressing the “Order with obligation to pay” button. Before pressing the button, You must confirm that You have read and agree to these Terms; otherwise, it will not be possible to complete the Order. A checkbox is used for confirmation and consent. After pressing the “Order with obligation to pay” button, all completed information will be sent directly to Us.
We will confirm Your Order to You as soon as possible after it is delivered to Us, by a message sent to Your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the e-mail. The Terms in the wording effective on the date of the Order, i.e., in the wording attached as an annex to the confirmation e-mail, form an integral part of the Contract. The Contract between You and Us is concluded upon confirmation of the Order.
Depending on the nature of the Order (quantity of Goods, amount of the Price, expected shipping costs), we are entitled to ask You for additional confirmation of the Order (for example, in writing or by telephone). We are entitled, especially if You do not provide the additional confirmation of the Order under the previous sentence, to require payment of the entire Price before we dispatch the Goods to You. The provision of Section 2119(1) of the Civil Code shall not apply.
There may be cases where we are unable to confirm the Order to You. This is particularly the case when the Goods are not available or when You order a larger number of items than we allow. However, we will always provide You with information on the maximum number of Goods in advance within the E-shop, so this should not be surprising. If there is any reason why we cannot confirm the Order, we will contact You and send You an offer to conclude the Contract in a form different from the Order. In such a case, the Contract is concluded at the moment You confirm Our offer.
If an obviously incorrect Price is stated in the E-shop or in the Order, we are not obliged to deliver the Goods to You at this Price, even if You have received an Order confirmation and thus the Contract has been concluded. In such a situation we will contact You without delay and send You an offer to conclude a new Contract in a form different from the Order. In such a case, the new Contract is concluded at the moment You confirm Our offer. An obvious error in the Price is, for example, a situation where the Price does not correspond to the usual price with other sellers or a digit is missing or added.
When the Contract is concluded, You incur an obligation to pay the Total Price.
If You have a User Account, You can place an Order through it. Even in this case, however, You are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. The method of creating the Order is the same as in the case of a buyer without a User Account; the advantage is that You do not have to repeatedly fill in Your identification details.
In some cases, we allow a discount to be used for the purchase of Goods. To grant the discount, You must enter the discount details in the predetermined field as part of the Order proposal. If You do so, the Goods will be provided to You at a discount. Any discounts on the Price of the Goods provided cannot be combined with each other.
User Account
Based on Your registration within the E-shop, You can access Your User Account.
When registering the User Account, it is Your obligation to enter all data correctly and truthfully and to update it in the event of any changes.
Access to the User Account is secured by a username and password. It is Your obligation to maintain confidentiality regarding these access details and not to provide this information to anyone. We bear no responsibility if they are misused.
The User Account is personal, and You are therefore not authorized to allow third parties to use it.
We may cancel Your User Account, in particular if You do not use it for more than 5 years, or if You breach Your obligations under the Contract.
The User Account may not be available continuously, especially with regard to necessary maintenance of hardware and software.
PRICE AND PAYMENT TERMS, RETENTION OF TITLE
The Price is always indicated within the E-shop, in the Order proposal and, of course, in the Contract. In the event of a conflict between the Price indicated for the Goods within the E-shop and the Price indicated in the Order proposal, the Price indicated in the Order proposal shall apply, which will always be identical to the price in the Contract. The Order proposal also states the Shipping Price and, where applicable, the conditions under which shipping is free. If You partially withdraw from the Contract and the total Price of the Goods in respect of which You have not withdrawn from the Contract does not reach the minimum amount required to qualify for free shipping under the previous sentence, Your right to free shipping of the Goods shall cease and You are obliged to pay Us for shipping.
The Total Price is stated including VAT and all fees set by law. Prices of goods are adjusted to the person of the buyer based on automated decision-making.
We will require payment of the Total Price from You after the Contract is concluded and before the Goods are handed over. You can pay the Total Price in the following ways:
Online card payment. In this case, payment is made via the GO PAY payment gateway by GOPAY s.r.o., and the payment is governed by the terms of this payment gateway. In the case of online card payment, the Total Price is due on the day the Order is placed.
Cash on delivery. In this case, payment is made upon delivery of the Goods against handover of the Goods. In the case of cash on delivery, the Total Price is due upon receipt of the Goods.
In cash upon personal pickup. You can pay in cash if You pick up the Goods at Our establishment. In the case of cash payment upon personal pickup, the Total Price is due upon receipt of the Goods.
The Invoice will be physically attached to the Goods and available in the User Account.
Title to the Goods passes to You only after You have paid the Total Price and taken delivery of the Goods. In the case of payment by bank transfer, the Total Price is paid upon crediting to Our account; in other cases, it is paid at the moment the payment is made.
DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE
The Goods will be delivered to You as soon as possible, but no later than within 30 days, by the method of Your choice, and You can choose from the following options:
Personal pickup at Our establishment at Basket-Obchod, Jateční 1197/23, 170 00, Praha 7 – Holešovice and Hooptown, Kounicova 685/20, 602 00, Brno – Veveří (hereinafter the “establishment”);
Personal pickup at DPD and Zásilkovna pickup points;
Delivery by the carriers Česká pošta, Zásilkovna or DPD.;
Goods can only be delivered within the territory of the Czech Republic and the Slovak Republic.
The delivery time of the Goods always depends on their availability and on the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to You in the Order confirmation. The period stated in these Terms is only indicative and may differ from the actual delivery time. In the case of personal pickup at the establishment, we will always inform You of the possibility of pickup by e-mail.
After taking over the Goods from the carrier, it is Your obligation to check that the packaging of the Goods is intact and, in the event of any defects, to inform the carrier and Us without delay. If there is a defect in the packaging indicating unauthorized manipulation and entry into the shipment, You are not obliged to accept the Goods from the carrier.
If You breach Your obligation to accept the Goods, except in the cases under Article 6.4 of the Terms, this does not result in a breach of Our obligation to deliver the Goods to You. At the same time, Your failure to accept the Goods does not constitute withdrawal from the Contract between You and Us. In such a case, however, we are entitled to withdraw from the Contract due to Your material breach of the Contract, or to store the Goods, for which we are entitled to a fee of CZK 100 per day from You. If we decide to withdraw from the Contract, the withdrawal is effective on the day we deliver this withdrawal to You. Withdrawal from the Contract does not affect the claim for payment of the Shipping Price or the right to compensation for damage, if any.
If, for reasons arising on Your side, the Goods are delivered repeatedly or in a manner other than agreed in the Contract, it is Your obligation to reimburse Us for the costs associated with such repeated delivery. We will send the payment details for these costs to Your e-mail address specified in the Contract; they are due 14 days from delivery of the e-mail.
The risk of damage to the Goods passes to You at the moment You take them over. If You do not take over the Goods, except in the cases under Article 6.4 of the Terms, the risk of damage to the Goods passes to You at the moment You had the opportunity to take them over but did not do so for reasons on Your side. The transfer of the risk of damage to the Goods means that from that moment on You bear all consequences associated with the loss, destruction, damage or any devaluation of the Goods.
If the Goods were not indicated as in stock in the E-shop and an indicative availability period was indicated, we will always inform You in the event of:
an extraordinary outage in the production of the Goods, and we will always inform You of the new expected availability period or of the fact that it will not be possible to deliver the Goods;
delay in delivery of the Goods from Our supplier, and we will always inform You of the new expected delivery time.
RIGHTS FROM DEFECTIVE PERFORMANCE
We guarantee that at the time of transfer of the risk of damage to the Goods according to Article 6.7 of the Terms, the Goods are free from defects, in particular that the Goods:
correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
are suitable for the purpose for which You require them and with which we agree;
are delivered with the agreed accessories and instructions for use, including assembly or installation instructions;
are suitable for the purpose for which Goods of this kind are usually used;
by their quantity, quality and other properties, including durability, functionality, compatibility and safety, correspond to the usual properties of Goods of the same kind which You can reasonably expect, also with regard to public statements made by us or another person in the same contractual chain, in particular in advertising or labelling;
are delivered with accessories, including packaging, assembly instructions and other instructions for use which You can reasonably expect; and
correspond in quality or design to the sample or model provided to You before concluding the contract.
The provisions of Article 7.1 of the Terms shall not apply if we have specifically informed You before concluding the Contract that a certain characteristic of the Goods differs and You expressly agreed to this when concluding the Contract.
The rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
If the Goods have a defect, i.e., in particular if any of the conditions under Article 7.1 is not met, You may notify Us of such a defect and exercise the rights from defective performance (i.e., claim the Goods) by sending an e-mail or a letter to the address of the establishment, or in person at the establishment located at Basket-Obchod, Jateční 1197/23, 170 00, Praha 7 – Holešovice and Hooptown, Kounicova 685/20, 602 00, Brno – Veveří. You may also use a sample form provided by Us, which forms Annex No. 1 to the Terms, for making a claim. When exercising the right from defective performance, You must choose how You want the defect to be resolved, and You may not subsequently change this choice without Our consent. We will handle the claim in accordance with the right from defective performance You have exercised.
If the Goods have a defect, You have the following rights:
to remedy the defect by delivering new Goods without defect, or by delivering the missing part of the Goods; or
to remedy the defect by repairing the Goods,
unless the chosen method of remedying the defect is impossible or disproportionately expensive compared to the other method, which shall be assessed in particular with regard to the significance of the defect, the value the Goods would have without the defect and whether the defect can be remedied by the other method without substantial difficulties for You.
We are entitled to refuse to remove a defect if it is impossible or disproportionately costly, in particular with regard to the significance of the defect and the value the Goods would have without the defect.
You are also entitled to:
a reasonable discount on the Price; or
withdrawal from the Contract,
if:
we refuse to remove the defect or do not remove it in accordance with legal regulations;
the defect occurs repeatedly,
the defect constitutes a material breach of the Contract; or
it is apparent from Our statement or from the circumstances that the defect will not be removed within a reasonable time or without substantial difficulties for You.
The right to withdraw from the Contract does not arise if the defect in the Goods is insignificant.
If You caused the defect in the Goods Yourself, You are not entitled to rights from defective performance.
Wear and tear of the Goods caused by their normal use, or in the case of used Goods, wear and tear corresponding to the level of their previous use, is not a defect of the Goods.
When making a claim, we will issue You a written confirmation stating:
the date on which You made the claim;
what the claim contains;
what method of handling the claim You request;
Your contact details for the purpose of providing information on the handling of the claim.
Unless we agree on a longer period, we will remove the defects within 30 days of receiving the claim and provide You with information on the handling of the claim to the contact details provided. If this period expires in vain, You may withdraw from the Contract or request a reasonable discount.
We will inform You about the handling of the claim by e-mail and we will issue You a confirmation of the date and method of handling the claim. If the claim is justified, You are entitled to reimbursement of reasonably incurred costs. You are obliged to prove these costs, e.g., by receipts or confirmations of the price for shipping. If the defect has been remedied by delivery of new Goods, it is Your obligation to return the original Goods to Us; we will bear the costs of this return.
If You are an entrepreneur, You are obliged to notify and point out the defect without undue delay after You could have discovered it, but no later than within three days of taking over the Goods.
If You are a consumer, You have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within 24 months of taking over the Goods.
withdrawal from the contract
Withdrawal from the Contract, i.e., termination of the contractual relationship between You and Us from its beginning, may occur for the reasons and in the ways set out in this article or in other provisions of the Terms in which the possibility of withdrawal is expressly stated.
If You are a consumer, i.e., a person purchasing Goods outside the scope of Your business activity, You have, in accordance with Section 1829 of the Civil Code, the right to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract, or in the case of the purchase of goods, within fourteen days from their receipt. If we have concluded a Contract the subject of which is several items of Goods or the delivery of several parts of Goods, this period begins to run only on the day of delivery of the last item or part of the Goods, and in the case of a Contract under which the Goods are to be delivered regularly and repeatedly, from the day of delivery of the first delivery.
You may withdraw from the Contract by any demonstrable means (in particular by sending an e-mail or a letter to Our addresses stated in Our identification details). You may also use the sample form provided by Us, which forms Annex No. 2 to the Terms, for withdrawal.
Even as a consumer You cannot withdraw from the Contract in cases where the subject of the Contract is performance referred to in Section 1837 of the Civil Code, including but not limited to the following cases:
goods made to the buyer’s specifications or clearly personalized,
goods that are perishable or have a short shelf life, as well as goods which, after delivery, were inseparably mixed with other goods due to their nature,
sealed goods which are not suitable for return for health protection or hygiene reasons and were unsealed after delivery, and
an audio or video recording or computer software in a sealed package if the buyer has unsealed it.
The time limit for withdrawal under Article 8.2 of the Terms shall be deemed to have been observed if You send Us a notice that You are withdrawing from the Contract within that period.
In the event of withdrawal from the Contract under Article 8.2 of the Terms, You are obliged to send the Goods to Us within 14 days of withdrawal and bear the costs associated with returning the goods to Us. Conversely, You are entitled to have Us refund the Shipping Price, but only up to the amount corresponding to the cheapest method of delivery of the Goods that we offered for delivery of the Goods. In the event of withdrawal because We breach the concluded Contract, we will also cover the costs associated with returning the goods to Us, but again only up to the Shipping Price corresponding to the cheapest method of delivery of the Goods we offered for delivery of the Goods.
In the event of withdrawal from the Contract, the Price will be refunded to You within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account chosen in the withdrawal from the Contract. However, the amount will not be refunded before we receive the Goods, or You prove to Us that the Goods have been sent back to Us. Please return the Goods to Us clean, preferably including the original packaging.
In the event of withdrawal from the Contract under Article 8.2 of the Terms, You are liable to Us for any diminished value of the Goods resulting from handling the Goods other than as necessary to familiarize Yourself with the nature, characteristics and functioning of the Goods, i.e., in a manner in which You would become familiar with the Goods in a brick-and-mortar store. If we have not yet refunded the Price to You, we are entitled to set off a claim for costs against Your claim for a refund of the Price.
We are entitled to withdraw from the Contract at any time before we deliver the Goods to You if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons relating to the nature of the Goods), even before the expiry of the period referred to in Article 6.1 of the Terms. We may also withdraw from the Contract if it is apparent that You have intentionally provided incorrect information in the Order. If You are purchasing goods within the scope of Your business activity, i.e., as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving any reason.
If a gift is provided to You together with the Goods, the gift contract between You and Us is concluded with a resolutory condition that if You withdraw from the Contract, the gift contract regarding such gift ceases to be effective, and You are obliged to return the provided gift to Us together with the Goods.
Consumer dispute resolution
We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.
We handle consumer complaints via the e-mail address info@basket-obchod.cz. Information on the handling of the complaint will be sent to the buyer’s e-mail address.
The Czech Trade Inspection Authority, registered office Štěpánská 796/44, 110 00 Prague 1, Company ID: 000 20 869, website: http://www.coi.cz, is competent for out-of-court resolution of consumer disputes arising from the Contract. The platform for online dispute resolution located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer who is a consumer arising from a purchase contract concluded by electronic means.
The European Consumer Centre Czech Republic, registered office Štěpánská 796/44, 110 00 Prague 1, 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 for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
Final provisions
If Our and Your legal relationship contains an international element (for example, we will ship goods outside the territory of the Czech Republic), the relationship shall always be governed by the law of the Czech Republic. However, if You are a consumer, this agreement does not affect Your rights arising from legal regulations.
All written correspondence with You will be delivered by electronic mail. Our e-mail address is included in Our identification details. We will deliver correspondence to Your e-mail address specified in the Contract, in the User Account, or through which You have contacted us.
The Contract can be amended only on the basis of Our written agreement. However, we are entitled to amend and supplement these Terms; such change will not affect Contracts already concluded, but only Contracts that will be concluded after the effective date of this change.
In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, outages of subcontractors, etc.), we are not liable for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, both we and You have the right to withdraw from the Contract.
If any provision of the Terms is invalid or ineffective, or becomes such, a provision whose meaning is as close as possible to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
The Terms are accompanied by a sample complaint form and a sample withdrawal form.
The Contract, including the Terms, is archived by Us in electronic form but is not accessible to You. However, You will always receive these Terms and the Order confirmation with a summary of the Order by e-mail, so You will always have access to the Contract even without Our cooperation. We recommend that You always save the Order confirmation and the Terms.
These Terms take effect on 1.3.2025.
Annex No. 1 – Complaint Form
Addressee: PRO TENAX s.r.o. (basket-obchod.cz)
Hooptown, Kounicova 685/20, 602 00, Brno – Veveří
Making a claim
Order number:
Date of order conclusion:
Name and surname:
Address:
E-mail address:
Goods being claimed:
Description of Goods defects:
Proposed method of handling the claim:
Account number for refund:
Please send the Goods together with this form to the above address, or bring them to the Basket-Obchod store, Jateční 1197/23, 170 00, Praha 7 – Holešovice or Hooptown, Kounicova 685/20, 602 00, Brno – Veveří.
I also request the issuance of a confirmation of the claim, indicating when I exercised this right, what the claim contains, the requested method of handling the claim, together with my contact details for the purpose of providing information on the claim handling.
Date:
Signature:
Annex No. 2 – Withdrawal Form
Addressee: PRO TENAX s.r.o. (basket-obchod.cz)
Hooptown, Kounicova 685/20, 602 00, Brno – Veveří E-mail: info@basket-obchod.cz
I hereby declare that I withdraw from the Contract:
Order number:
Date of order conclusion:
Name and surname:
Address:
E-mail address:
Specification of goods:
Account number for refund:
Reason for returning the goods (circle): The goods do not suit me / I do not like them
The goods are damaged or defective
The goods do not match the description / images on the website
Different goods delivered
Other reason – which? ______________________________
If the buyer is a consumer and has ordered goods via the basket-obchod.cz e-shop of PRO TENAX s.r.o., Company ID No.: 64357465, registered office at Plzeňská 35, 252 19 Chrášťany, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 233026 (the “Company”), or by another means of distance communication, the buyer has the right, except in the cases referred to in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, to withdraw from the already concluded purchase contract within 14 days from the date of conclusion of the contract, or, in the case of purchase of goods, within fourteen days from their receipt. In the case of a contract whose subject is several items of goods or the delivery of several parts of goods, this period begins to run only on the day of delivery of the last item or part of the goods, and in the case of a contract under which goods are to be delivered regularly and repeatedly, from the day of delivery of the first delivery.
The buyer shall send this withdrawal to the Company electronically to the e-mail stated on the sample form / in writing to the address of the Company’s establishment stated above, or bring it to the Basket-Obchod store, Jateční 1197/23, 170 00, Praha 7 – Holešovice or Hooptown, Kounicova 685/20, 602 00, Brno – Veveří.
If the buyer who is a consumer withdraws from the purchase contract, the buyer shall send or hand over to the Company, without undue delay and no later than 14 days from withdrawal from the purchase contract, the goods received from the Company.
If the buyer who is a consumer withdraws from the purchase contract, the Company shall, without undue delay and no later than 14 days from withdrawal from the purchase contract, return to the buyer all monetary funds (the purchase price of the delivered goods), including the costs of delivery, which it received from the buyer on the basis of the purchase contract, in the same manner. If the buyer chose a method of delivery other than the cheapest method of delivery offered by the Company, the Company shall refund the delivery costs to the buyer only in the amount corresponding to the cheapest offered method of delivery. The Company is not obliged to return the received monetary funds to the buyer before it receives the goods back or before the buyer proves that the goods have been sent to the Company.
Date:
Signature: