Terms & Conditions
GENERAL TERMS AND CONDITIONS of Probowls s.r.o.
These general terms and conditions (“Terms”) of ProBowls s.r.o., with its registered office at Zvíkovská 198/10, 198 00, Prague 9, Company ID No. 23369281, registered in the Commercial Register under file no. No. C 426019, registered at the Municipal Court in Prague, e-mail info@probowls.cz, telephone number +420 777 677 566, (“We” or “Seller”), in accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), regulate the mutual rights and obligations of you, as buyers, and Us, as sellers, arising in connection with or on the basis of the purchase contract (“Contract”) concluded through the E-shop on the website www.probowls.cz.
All information about the processing of your personal data is contained in the Principles of Personal Data Processing, which can be found on the website www.probowls.cz in the “Terms of Personal Data Protection” section.
The provisions of these Terms are an integral part of the Contract. The Agreement and the Terms and Conditions are drawn up in the Czech language. We may unilaterally amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous wording of the Terms and Conditions.
As you certainly know, we communicate primarily remotely. Therefore, our Agreement also applies to the use of means of remote communication that allow us to reach an agreement without the simultaneous physical presence of Us and You, and the Agreement is thus concluded remotely in the E-shop environment, via the website interface ("E-shop web interface").
If any part of the Terms and Conditions contradicts what we have jointly approved as part of the process of your purchase on Our E-shop, this specific agreement will take precedence over the Terms and Conditions.
1. SOME DEFINITIONS
1.1. The price is the financial amount that you will pay for the Goods;
1.2. The shipping price is the financial amount that you will pay for the delivery of the Goods, including the price for its packaging;
1.3. The total price is the sum of the Price and the Shipping Price;
1.4. VAT is the value added tax according to applicable legal regulations;
1.5. The invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
1.6. The order is your binding proposal to conclude a Contract for the purchase of Goods with Us;
1.7. The user account is an account established on the basis of the data provided by you, which allows the storage of the entered data and the history of the ordered Goods and concluded Contracts;
1.8. You are the person shopping on Our E-shop, referred to by legal regulations as the buyer;
1.9. The goods are everything that you can buy on the E-shop.
2. GENERAL PROVISIONS AND INSTRUCTIONS
2.1. The purchase of Goods is possible only through the web interface of the E-shop.
2.2. When purchasing Goods, you are obliged to provide Us with all information correctly and truthfully. We will therefore consider the information you have provided to Us in the Order to be correct and truthful.
2.3. On our E-shop, we also provide access to reviews of Goods made by other consumers. We ensure and check the authenticity of such reviews by linking the reviews to specific orders, so in the internal system we also see the linked order ID for each review, and thus we are able to verify and prove that the review comes from a real consumer.
3. CONCLUSION OF THE CONTRACT
3.1. The Contract with Us can only be concluded in the Czech language.
3.2. The Contract is concluded remotely via the E-shop, and the costs of using remote communication means are paid by You. However, these costs do not differ in any way from the basic rate that You pay for the use of these means (in particular, for access to the Internet), so You do not have to expect any additional costs charged by Us beyond the Total Price. By submitting the Order, You agree that We use remote communication means.
3.3. In order to conclude the Contract, You must create an Order on the E-shop. This proposal must include the following information:
a) Information about the Goods being purchased (in the E-shop, You mark the Goods that You are interested in purchasing by clicking the “Add to Cart” button;
b) 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 an Order within the user environment of the E-shop, while information about the Price, Shipping Price and Total Price will be provided automatically based on the Goods you have selected, the method of delivery and payment;
c) Your identification and contact information used to deliver the Goods, in particular your name, surname, delivery address, telephone number and e-mail address.
3.4. During the creation of the Order, you may change and check the data until its completion. After checking by pressing the "Order with payment" button, you will complete the Order. By sending the order, you agree to the terms and conditions of business and personal data protection. After pressing the "Order with payment" button, all completed information will be sent directly to Us.
3.5. We will confirm your Order by sending a message to your email address as soon as possible after it has been delivered to us.
3.6. There may be cases where we will not be able to confirm your Order. This is especially the case when the Goods are not available or when you order a larger number of Goods than we allow. However, we will always provide you with information about the maximum number of Goods in advance in the E-shop and it should not be surprising to you. 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 an amended form compared to the Order. In such a case, the Contract is concluded when you confirm our offer.
3.7. 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 confirmation of the Order and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to the Order. In such a case, the new Contract is concluded when you confirm Our offer. An obvious error in the Price is considered, for example, a situation where the Price does not correspond to the usual price at other sellers or a figure is missing or left out.
3.8. In the event that the Contract is concluded, you are obliged to pay the Total Price.
3.9. If you have a User Account, you can place an Order through it. Even in such a case, you are obliged to check the correctness, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is identical to that in the case of a buyer without a User Account, but the advantage is that you do not need to fill in your identification data repeatedly.
3.10. In some cases, we allow you to use a discount for the purchase of Goods. To receive a discount, you must fill in the details of this discount in the specified field when submitting your Order. If you do so, the Goods will be provided to you with a discount.
4. USER ACCOUNT
4.1. Based on your registration in the E-shop, you can access your User Account.
4.2. When registering a User Account, you are obliged to provide all entered data correctly and truthfully and to update it in the event of any changes.
4.3. Access to the User Account is secured by a username and password. With regard to these access details, you are obliged to maintain confidentiality and not provide this data to anyone. In the event of their misuse, we are not liable.
4.4. The User Account is personal, and you are therefore not entitled to allow third parties to use it.
4.5. We may cancel your User Account, especially if you do not use it for more than 24 months, or if you breach your obligations under the Agreement.
4.6. The User Account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.
5. PRICE AND PAYMENT TERMS, RESERVATION OF OWNERSHIP
5.1. The Price is always stated in the E-shop, in the Order Proposal and of course in the Agreement. In the event of a discrepancy between the Price stated for the Goods in the E-shop and the Price stated in the Order Proposal, the Price stated in the Order Proposal shall apply, which will always be identical to the price in the Agreement. The Order proposal also includes the Shipping Price, or the conditions under which shipping is free.
5.2. The Total Price is stated including VAT, including all fees stipulated by law.
5.3. We will request payment of the Total Price from you after the conclusion of the Contract and before the delivery of the Goods. You can pay the Total Price in the following ways:
a) By bank transfer. We will send you information for making the payment as part of the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within 10 days.
b) By card online. In such a case, payment is made via the Shoptet Pay payment gateway, and payment is governed by the terms and conditions of this payment gateway, which are available at: shoptetpay.com. In the case of payment by card online, the Total Price is payable immediately.
c) By cash on delivery. In such a case, payment is made upon delivery of the Goods versus delivery of the Goods. In the case of payment by cash on delivery, the Total Price is payable upon receipt of the Goods.
d) Cash upon personal collection. Cash may be paid for the Goods in the case of personal collection. In the case of payment in cash upon personal collection, the Total Price is payable upon receipt of the Goods.
5.4. The invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address. The invoice will also be physically attached to the Goods and available in the User Account.
5.5. Ownership of the Goods shall pass to you only after you have paid the Total Price and received the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting it to Our account, in other cases it is paid at the time of payment.
6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS
6.1. The Goods will be delivered to you at a time and in a manner of your choice, and you can choose from the following options:
a) Personal collection according to a previous telephone agreement
b) Personal collection at the delivery points of Zásilkovna, Uloženka, etc., according to the possibilities and offers for the Goods you have selected
c) Delivery via transport companies Česká pošta, PPL CZ, DHL, Zásilkovna, etc., according to the possibilities and offers for the Goods you have selected
6.2. The Goods can only be delivered within the Czech Republic and to European Union countries.
6.3. The delivery time of the Goods always depends on its availability and on the chosen method of delivery and payment. The expected delivery time of the Goods will be communicated to you in the Order confirmation. The time specified in these Terms and Conditions is only indicative and may differ from the actual delivery time. In the case of personal collection at the establishment, we will always inform you about the possibility of collecting the Goods by e-mail.
6.4. After receiving the Goods from the carrier, it is your obligation to check the integrity of the packaging of the Goods and, in the event of any defects, to immediately notify the carrier and Us. If there is a defect in the packaging that indicates unauthorized manipulation and entry into the shipment, you are not obliged to take over the Goods from the carrier.
6.5. In the event that you breach your obligation to take over the Goods, with the exception of cases under Article 4 of the Terms and Conditions, this does not result in a breach of Our obligation to deliver the Goods to you. At the same time, the fact that you do not take over the Goods does not constitute withdrawal from the Contract between Us and You. However, in such a case, we have the right to withdraw from the Contract due to your material breach of the Contract, or to store the Goods, for which we are entitled to payment from you in the amount of 200 CZK for each commenced day.
6.6. 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 right to payment of the Price for transport, or the right to compensation for damage, if any.
6.7. If, for reasons arising on your part, the Goods are delivered repeatedly or in a manner other than that agreed in the Contract, you are obliged to reimburse Us for the costs associated with this repeated delivery. We will send you the payment details for the payment of these costs to your e-mail address specified in the Contract and they are due 14 days from the delivery of the e-mail.
6.8. The risk of damage to the Goods passes to you at the moment you take over the Goods. In the event that you do not take over the Goods, with the exception of cases according to Article 4 of the Terms and Conditions, the risk of damage to the Goods passes to you at the moment you had the opportunity to take over the Goods, but for reasons on your part, the takeover did not take place. The transfer of risk of damage to the Goods means that from this moment you bear all consequences associated with the loss, destruction, damage or any depreciation of the Goods.
6.9. In the event that the Goods were not listed in the E-shop as in stock and an approximate availability time was indicated, we will always inform you in the event of:
a) an extraordinary failure in the production of the Goods, and we will always inform you of the new expected availability time or information that it will not be possible to deliver the Goods;
b) a delay in the delivery of the Goods by Our supplier, and we will always inform you of the new expected delivery time.
7. RIGHTS FOR DEFECTIVE PERFORMANCE
7.1. We guarantee that at the time of transfer of risk of damage to the Goods pursuant to Article 7 of the Terms and Conditions, the Goods are free from defects, in particular that the Goods:
a) correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed properties;
b) are suitable for the purpose for which you require them and with which we agree;
c) are supplied with the agreed accessories and instructions for use, including assembly or installation instructions;
d) are suitable for the purpose for which Goods of this type are usually used;
e) in terms of quantity, quality and other properties, including durability, functionality, compatibility and safety, they correspond to the usual properties of Goods of the same type that you can reasonably expect, also taking into account public statements made by us or another person in the same contractual chain, in particular advertising or labeling;
f) is delivered with accessories, including packaging, assembly instructions and other instructions for use that you can reasonably expect; and
g) corresponds in quality or performance to the sample or template provided to you before the conclusion of the contract.
7.2. Rights and obligations regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.3. In the event that the Goods have a defect, in particular if any of the conditions under Article 1 are not met, you may notify Us of such a defect and exercise your rights arising from defective performance (i.e. claim the Goods) by sending an e-mail or letter to Our addresses listed in Our identification data. You may also use the sample form provided by Us for the claim, which forms Annex No. 1 to the Terms. In exercising your right to defective performance, you must choose how you want to resolve the defect, and you cannot subsequently change this choice without Our consent. We will handle the claim in accordance with the right to defective performance you have exercised.
7.4. If the Goods have a defect, you have the following rights:
a) to have the defect removed by delivering new, defect-free Goods or by delivering the missing part of the Goods; or
b) to eliminate the defect by repairing the Goods,
unless the chosen method of eliminating the defect is impossible or disproportionately expensive compared to another method, which will be assessed in particular with regard to the significance of the defect, the value that the Goods would have without the defect, and whether the defect can be eliminated in the second method without significant difficulties for you.
7.5. We are entitled to refuse to eliminate the defect if this is impossible or disproportionately expensive, in particular with regard to the significance of the defect and the value that the Goods would have without the defect.
7.6. You are also entitled to:
a) a reasonable discount on the Price; or
b) withdrawal from the Contract,
if:
a) we refuse to eliminate the defect or do not eliminate it in accordance with legal regulations;
b) the defect occurs repeatedly,
c) the defect is a material breach of the Contract; or
d) it is obvious from our statement or the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for you.
7.7. The right to withdraw from the Contract does not apply if the defect in the Goods is insignificant.
7.8. If you caused the defect in the Goods yourself, you do not have rights from defective performance.
7.9. A defect in the Goods does not include wear and tear of the Goods caused by its usual use or, in the case of used Goods, wear and tear corresponding to the extent of its previous use.
7.10. When you make a complaint, we will issue you a written confirmation stating:
a) the date on which you made the complaint;
b) what the content of the complaint is;
c) what method of handling the complaint you require;
d) Your contact details for the purpose of providing information on the handling of the complaint.
7.11. Unless we agree on a longer period, we will eliminate the defects within 30 days of receiving the complaint and provide you with information about the settlement of the complaint to the contact details provided. If this period expires in vain, you may withdraw from the Contract or request a reasonable discount.
7.12. We will inform you about the settlement of the complaint by e-mail and issue you with a confirmation of the date and method of settlement of the complaint. If the complaint is justified, you are entitled to compensation for the costs reasonably incurred. You are obliged to prove these costs, e.g. with receipts or confirmations of the price of transport. In the event that the defect was eliminated by delivering new Goods, you are obliged to return the original Goods to Us, but We will cover the costs of this return.
7.13. If you are an entrepreneur, you are obliged to report and point out the defect without undue delay after you could have discovered it, but no later than three days after receiving the Goods.
7.14. If you are a consumer, you have the right to exercise your rights from defective performance in the event of a defect in consumer goods within 24 months of receipt of the goods.
8. WITHDRAWAL FROM THE CONTRACT
8.1. Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the manner specified in this article, or in other provisions of the Terms and Conditions in which the possibility of withdrawal is expressly stated.
8.2. If you are a consumer, i.e. a person purchasing the Goods outside the scope of their business activities, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of conclusion of the Contract, or if it concerns the purchase of goods, then within fourteen days from its receipt. If we have concluded a Contract, the subject of which is several pieces of Goods or the delivery of several parts of Goods, this period begins to run only on the day of delivery of the last piece or part of the Goods, and if we have concluded a Contract, on the basis of which we will deliver the Goods to you regularly and repeatedly, it begins to run on the day of delivery of the first delivery.
8.3. You may withdraw from the Contract in any demonstrable manner (in particular by sending an e-mail or letter to Our addresses specified in Our identification data). You may also use the sample form provided by Us for withdrawal, which forms Annex No. 2 to the Terms and Conditions.
8.4. However, even as a consumer, you may not withdraw from the Contract in cases where the subject of the Contract is the performance specified in Section 1837 of the Civil Code.
8.5. The withdrawal period according to Article 2 of the Terms and Conditions is deemed to have been met if, during that period, you send Us a notification that you are withdrawing from the Contract.
8.6. In the event of withdrawal from the Contract pursuant to Article 2 of the Terms and Conditions, 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. On the other hand, you are entitled to a refund of the Shipping Price, but only in the amount corresponding to the cheapest offered method of delivery of the Goods that we offered for the delivery of the Goods. In the event of withdrawal due to the fact that We breach the concluded Contract, We also cover the costs associated with returning the Goods to Us, but again only up to the amount of the Shipping Price in the amount corresponding to the cheapest offered method of delivery of the Goods that we offered when delivering the Goods.
8.7. In the event of withdrawal from the Contract, the Price will be refunded to you within 14 days of the effective date of withdrawal to the account from which it was credited, or to the account selected for withdrawal from the Contract. However, the amount will not be refunded before we receive the Goods or you prove to Us that they have been sent back to Us. Please return the Goods to Us clean, if possible including the original packaging.
8.8. In the event of withdrawal from the Contract pursuant to Article 2 of the Terms and Conditions, however, you are liable to Us for any reduction in the value of the Goods resulting from handling the Goods in a manner other than that necessary for you to become familiar with the nature, properties and functionality of the Goods, i.e. in the manner in which you would become familiar with the Goods in a brick-and-mortar store. If we have not yet returned the Price to you, we are entitled to offset the claim for costs against your claim for the return of the Price.
8.9. 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 arising from the nature of the Goods), even before the expiry of the period specified in Article 1 of the Terms and Conditions. We may also withdraw from the Contract if it is obvious that you have provided intentionally incorrect information in the Order. If you purchase the Goods as part of your business activity, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.
9. RESOLUTION OF DISPUTES WITH CONSUMERS
9.1. We are not bound by any codes of conduct in relation to buyers within the meaning of the provisions of Section 1826, paragraph 1, letter e) of the Civil Code.
9.2. We handle consumer complaints via the electronic address info@probowls.cz. Information about the settlement of the complaint will be sent to the buyer's email address.
9.3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Prague 1, ID: 000 20 869, internet address: http://www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform located at the internet address 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.
9.4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 796/44, 110 00 Prague 1, internet address: 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 online dispute resolution for consumer disputes).
10. FINAL PROVISIONS
10.1. If Our and Your legal relationship contains an international element (for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this arrangement does not affect your rights arising from legal regulations.
10.2. We will deliver all written correspondence with you by electronic mail. Our e-mail address is listed under Our identification data. We will deliver correspondence to your e-mail address specified in the Agreement, in the User Account or through which you contacted us.
10.3. The Agreement may only be changed based on our written agreement. However, we are entitled to change and supplement these Terms, but this change will not affect already concluded Agreements, but only Agreements that will be concluded after the effectiveness of this change. However, we will inform you about the change only if you have created a User Account (so that you have this information in case you order new Goods, but the change does not establish the right of termination, since we do not have a concluded Agreement that could be terminated), or we are to deliver the Goods to you regularly and repeatedly based on the Agreement. We will send you information about the change to your e-mail address at least 14 days before the effectiveness of this change. If we do not receive notice of termination of the concluded Contract for regular and repeated deliveries of Goods from you within 14 days of sending the information about the change, the new conditions become part of our Contract and apply to the next delivery of Goods following the effective date of the change. The notice period in the event of termination is 1 month.
10.4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational disruptions, subcontractor outages, etc.), we are not liable for damage caused as a result of or in connection with force majeure, and if the force majeure lasts for more than 10 days, we and you have the right to withdraw from the Contract.
10.5. The annex to the Terms and Conditions is a sample complaint form and a sample withdrawal form.
10.6. The Contract, including the Terms and Conditions, is archived in electronic form by Us, but is not accessible to You. However, you will always receive these Terms and Conditions and the Order confirmation with a summary of the Order by e-mail and will therefore always have access to the Contract even without Our cooperation. We recommend that you always save the Order confirmation and the Terms and Conditions.
10.7. These Terms and Conditions come into effect on 01.08.2025.
Appendix No. 1 - Claim Form
Addressee: ProBowls s.r.o., Zvíkovská 198/10, 198 00 Prague 9
Claim Submission
Date of Contract Conclusion:
Name and Surname:
Address:
E-mail Address:
Goods Subject to Claim:
Description of Defects in the Goods:
Proposed Method of Complaint Settlement:
I also request a confirmation of claim submission stating when I exercised this right, what the claim is, what method of claim settlement I request, along with my contact details for the purpose of providing information on claim settlement.
Date:
Signature:
Annex No. 2 - Form for withdrawal from the Contract
Address: ProBowls s.r.o., Zvíkovská 198/10, 198 00 Prague 9
I hereby declare that I withdraw from the Contract:
Date of conclusion of the Contract:
Name and surname:
Address:
E-mail address:
Specification of the Goods to which the Contract relates:
Method for returning the funds received, or providing the bank account number:
If the buyer is a consumer, he has the right if he ordered the goods via the e-shop of ProBowls s.r.o. ("Company") or another means of distance communication, except for the cases specified in Section 1837 of the Act. No. 89/2012 Coll., Civil Code, as amended, to withdraw from an already concluded purchase contract within 14 days from the date of conclusion of the contract, or if it concerns the purchase of goods, then within fourteen days from its receipt. In the case of a contract whose subject is several pieces of goods or the delivery of several parts of goods, this period begins to run only on the day of delivery of the last piece or part of the goods, and in the case of a contract on the basis of which the goods are to be delivered regularly and repeatedly, from the day of delivery of the first delivery.
The buyer shall notify the Company of this withdrawal in writing to the address of the Company's premises or electronically to the e-mail address specified in the sample form.
If the buyer, who is a consumer, withdraws from the purchase contract, he shall send or hand over to the Company without undue delay, no later than 14 days from the withdrawal from the purchase contract, the goods he has received from it.
If the buyer, who is a consumer, withdraws from the purchase contract, the Company shall return to him without undue delay, no later than 14 days from the withdrawal from the purchase contract, all funds (purchase price of the delivered goods) including delivery costs received from him on the basis of the purchase contract, in the same manner. If the buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Company, the Company shall return to the buyer the costs of delivery of the goods only in the amount corresponding to the cheapest method of delivery offered. The Company is not obliged to return the funds received to the buyer before it receives the goods back or before the buyer proves that he has sent the goods to the Company.
Date:
Signature: