Terms and Conditions

These general terms and conditions (“Terms”) of PRO TENAX s.r.o., Company ID: 64357465, with registered office at Plzeňská 35, 252 19 Chrášťany, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 233026 (hereinafter „PRO TENAX“), e-mail info@basketking.cz, telephone number +420 777 929 345, premises and the place for personal collection of Goods and for lodging complaints: Trocnovská 1983, 356 01 Sokolov and Plzeňská 35, 252 19 Chrášťany („We” or „Seller”), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended („Civil Code“), the mutual rights and obligations of You, as the buyer, and Us, as the seller, arising in connection with or on the basis of a purchase contract („Contract“) concluded through the E-shop at www.basketking.cz.

All information about the processing of your personal data is contained in these Terms or in the Personal Data Processing Policy, which you can find here: https://www.basketking.cz/s289-podminky-ochrany-osobnich-udaju

The provisions of these Terms are 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 rights and obligations arising during the effectiveness of the previous wording of the Terms.

As you are surely aware, we communicate primarily at a distance. Therefore, our Contract also uses means of distance communication which allow us to reach agreement without the simultaneous physical presence of Us and You, and the Contract is thus concluded by distance means within the E-shop, via the website interface („web interface of the E-shop“).

If any part of the Terms conflicts with what we agreed together during the process of your purchase in Our E-shop, that specific agreement takes precedence over the Terms.

1. CERTAIN DEFINITIONS

1.1. Price is the sum of money you will pay for the Goods;
1.2. Shipping price is the sum of money you will pay for delivery of the Goods, including the cost of packaging;
1.3. Total price is the sum of the Price and the Shipping price;
1.4. VAT is value added tax under the applicable legislation;
1.5. Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total price;
1.6. Order is your binding proposal to conclude a Contract for the purchase of Goods with Us;
1.7. User account is an account created on the basis of the details you provide, which allows the stored details and the history of ordered Goods and concluded Contracts to be retained;
1.8. You are the person purchasing in Our E-shop, referred to in legislation as the buyer;
1.9. Goods means everything you can purchase in the E-shop.

2. GENERAL PROVISIONS AND INFORMATION

2.1. Goods can only be purchased through the web interface of the E-shop.
2.2. When purchasing Goods it is your obligation to provide Us with all information correctly and truthfully. We will therefore regard the information you provided in the Order as correct and truthful.
2.3. In our E-shop we also provide access to product reviews written by other consumers. We ensure and verify the authenticity of such reviews by linking each review to a specific order; in our internal system every review therefore shows the linked order ID, allowing us to verify and demonstrate that the review comes from a genuine consumer.

3. CONCLUSION OF THE CONTRACT

3.1. A Contract with Us can only be concluded in the Czech language.
3.2. The buyer may obtain information about the goods, including the prices of individual goods and other purchase parameters, in particular through personal or distance communication with the Seller's responsible representative or from the presentation of goods on the website.
3.3. All presentation of goods placed in the web interface of the E-shop is of an informative nature and the Seller is not obliged to conclude a purchase contract in respect of such Goods. Section 1732(2) of the Civil Code does not apply.
3.4. The Contract is always concluded subject to the Seller's stock being exhausted or the Seller losing the ability to perform.
3.5. The Contract is concluded at a distance through the E-shop, with the costs of using means of distance communication borne by You. However, these costs do not differ in any way from the basic rate you pay for using such means (in particular internet access). By submitting the Order you agree to our use of means of distance communication.
3.6. In order for us to conclude the Contract, you must create an Order in the E-shop. This proposal must contain the following details:
1. information about the Goods being purchased (via the „Add to cart“ button);
2. information about the Price, the Shipping price, the method of payment of the Total price and the required method of delivery of the Goods;
3. identification and contact details of the buyer (name, surname, delivery address, telephone number and e-mail).
3.7. While creating the Order you can change and check the details. After checking, you complete the Order by pressing the „Order with obligation to pay“ button. By pressing the button you confirm that you have read these Terms and the Personal Data Processing Policy and that you agree with them. If you do not agree, the Order cannot be completed.
3.8. We will confirm your Order by e-mail. The confirmation will include a summary of the Order and these Terms as an attachment. The Contract is concluded upon confirmation of the Order.
3.9. Depending on the nature of the Order, we are entitled to ask you for additional confirmation of the Order. We may require payment of the full Price before the Goods are dispatched. Section 2119(1) of the Civil Code does not apply.
3.10. If we cannot confirm the Order (e.g. Goods unavailable), we will contact you and send an amended offer. The Contract is concluded upon confirmation of the offer.
3.11. If an obviously incorrect Price is stated, we are not obliged to supply the Goods at that Price. We will send you an offer of a new Contract with the corrected Price.
3.12. By concluding the Contract you undertake to pay the Total price.
3.13. If you have a User account, you can also order through it, but you remain responsible for the accuracy of the details.
3.14. Discounts can be applied by entering a code in the Order. Discounts cannot be combined.

4. USER ACCOUNT

4.1. By registering you gain access to a User account.
4.2. The details provided must be true and up to date.
4.3. Access is protected by a username and password; you are obliged to protect them.
4.4. The account is personal and may not be made available to third parties.
4.5. We may cancel the account after more than 5 years of inactivity or in the event of a breach of obligations.
4.6. The account may not be available continuously due to system maintenance.

5. PRICE AND PAYMENT TERMS, RETENTION OF TITLE

5.1. The Price is stated in the E-shop and in the Order. In the event of a discrepancy, the Price in the Order applies. If you partially withdraw from the Contract and the entitlement to free shipping ceases, you will pay for shipping.
5.2. The Total price includes VAT and all charges. Prices are not personalised by automated decision-making.
5.3. You can pay the Total price:
1. by card online (Shoptet Pay); due on the day the Contract is concluded,
2. cash on delivery; due on collection,
3. in cash on personal collection; due on collection,
4. by online bank transfer / payment button (Shoptet Pay); due on the day the Contract is concluded,
5. by digital wallet (e.g. Google Pay); due on the day the Contract is concluded.
5.4. We may require payment before the Goods are dispatched. Section 2119(1) of the Civil Code does not apply.
5.5. We are not obliged to dispatch the Goods until the Total price is paid. If you do not pay within 10 days of a reminder, we may withdraw from the Contract.
5.6. The Invoice is enclosed with the Goods and is also available in the User account.
5.7. Title passes after payment of the Total price and taking delivery of the Goods.

6. DELIVERY OF GOODS, PASSING OF THE RISK OF DAMAGE

6.1. We will deliver the Goods within 30 days at the latest, according to your choice:
1. personal collection at our premises (Sokolov / Chrášťany),
2. personal collection at DPD and Zásilkovna pickup points,
3. delivery by Česká pošta, Zásilkovna or DPD.
6.2. We deliver only within the Czech Republic and Slovakia.
6.3. Delivery time depends on availability and the chosen method of delivery/payment. We will inform you by e-mail when personal collection is possible.
6.4. On taking delivery, check the packaging. Report any defects immediately to the carrier and to us and draw up a report. Where damage indicates mishandling, you do not have to accept the shipment.
6.5. If you fail to take delivery of the Goods without good reason, we may withdraw from the Contract or store the Goods for CZK 100/day. Withdrawal does not affect the entitlement to shipping costs and any damages.
6.6. Repeated delivery caused by you is at your expense; payable within 14 days of the e-mail with payment details.
6.7. The risk of damage passes on taking delivery of the Goods; if you fail to take delivery, it passes at the moment you could have taken delivery.
6.8. For non-stock Goods we will inform you of production outages or supplier delays.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. We are liable for the Goods being free of defects and meeting the stated characteristics (description, purpose, accessories, usual characteristics, etc.).
7.2. This does not apply if we informed you of the difference in advance and you agreed.
7.3. Rights arising from defective performance are governed by the Civil Code and, for consumers, also by the Consumer Protection Act.
7.4. You may lodge a complaint about a defect by e-mail, letter or in person at our premises; the form in Annex No. 1 may be used.
7.5. In the event of a defect you are entitled to delivery of new Goods / supply of the missing part or to repair, unless this is impossible or disproportionately costly.
7.6. We may refuse to remedy defective performance if this is impossible or disproportionately costly.
7.7. You are entitled to a discount or withdrawal if we do not remedy the defect, if it recurs, if it is material, etc.
7.8. Withdrawal does not apply where the defect is insignificant.
7.9. Where you caused the defect yourself, no rights apply.
7.10. Ordinary wear and tear is not a defect.
7.11. We will issue a confirmation of the complaint (date, content, request, contact details).
7.12. If you are a consumer, we will settle the complaint within 30 days; otherwise you may withdraw or request a discount.
7.13. A consumer is entitled to reimbursement of reasonable costs; on replacement you return the original Goods and we bear the cost.
7.14. An entrepreneur must point out the defect without delay, no later than 3 days from taking delivery.
7.15. A consumer may claim defects within 24 months; a defect appearing within 12 months is deemed to have existed at the time of delivery unless we prove otherwise.
7.16. For entrepreneurs, the seller's liability is limited in accordance with the law and these Terms; we do not compensate indirect damage.

8. WITHDRAWAL FROM THE CONTRACT

8.1. Withdrawal is possible under this article and other provisions of the Terms.
8.2. A consumer may withdraw without giving a reason within 14 days of taking delivery of the Goods.
8.3. Withdrawal must be demonstrable (e-mail, letter); the form in Annex No. 2 may be used.
8.4. Withdrawal is not possible for performance under Section 1837 of the Civil Code (e.g. made-to-measure goods, perishable goods, goods unsealed for hygiene reasons, etc.).
8.5. The deadline is met by sending the notice within its course.
8.6. Send the Goods back within 14 days; costs are borne by the buyer, and we refund shipping up to the amount of the cheapest option offered.
8.7. We will refund the money within 14 days of the withdrawal taking effect, but not before we receive the Goods / you prove dispatch.
8.8. You are liable for any reduction in the value of the Goods beyond what is necessary to familiarise yourself with them.
8.9. The Seller may withdraw before delivery (objective reasons, incorrect details, lack of cooperation); with entrepreneurs at any time and without reason.
8.10. Any gift provided with the Goods must be returned together with the Goods.

9. RESOLUTION OF DISPUTES WITH CONSUMERS

9.1. We are not bound by any codes of conduct under Section 1826(1)(e) of the Civil Code.
9.2. We handle complaints at info@basketking.cz. Supervision is exercised by the Czech Trade Inspection Authority and the Office for Personal Data Protection.
9.3. Out-of-court dispute resolution: Czech Trade Inspection Authority (ADR), Štěpánská 796/44, 110 00 Praha 1, web: http://www.coi.cz, http://www.adr.coi.cz, e-mail: adr@coi.cz. ODR platform: http://ec.europa.eu/consumers/odr.
9.4. European Consumer Centre Czech Republic, Štěpánská 796/44, 110 00 Praha 1, web: http://www.evropskyspotrebitel.cz.

10. FINAL PROVISIONS

10.1. A relationship with an international element is governed by Czech law, without prejudice to consumer rights.
10.2. Disputes arising from the Contract are decided by the courts of the Czech Republic; the CISG does not apply.
10.3. Correspondence between the parties takes place by e-mail.
10.4. The Contract may be amended in writing; changes to the Terms apply only to future Contracts.
10.5. We bear no liability in the event of force majeure; if it lasts longer than 10 days, either party may withdraw.
10.6. The buyer assumes the risk of a change of circumstances under Section 1765(2) of the Civil Code.
10.7. Invalidity of part of the Terms does not affect the remainder; it is replaced by the closest matching meaning.
10.8. The complaint and withdrawal forms are annexed.
10.9. We archive the Contract for at least 3 years; you will receive the Terms and the Order confirmation by e-mail.
10.10. These Terms take effect on 20.11.2025.

ANNEX NO. 1 – COMPLAINT FORM

Addressee: PRO TENAX s.r.o. (basketking.cz)

Trocnovská 1982, 356 01 Sokolov

Lodging a complaint

Order number:
Date the order was placed:
Name and surname:
Address:
E-mail address:
Goods being complained about:
Description of the defects in the Goods:
Proposed method of settling the complaint:
Account number for the refund:

Send the Goods together with this form to the address above, or bring them to the Basketking store in Chrášťany at Plzeňská 35, 252 19 Chrášťany or in Sokolov at Trocnovská 1983, 356 01 Sokolov.

Note:

When exercising rights arising from liability for defects it is advisable to enclose proof of purchase, an invoice or another document proving the purchase of the goods.
If the goods have a visual defect, also enclose photographs clearly showing the defect. Photo documentation can also be sent to our e-mail address above.
When sending goods, the buyer is obliged to pack them in suitable packaging so that they are not damaged or destroyed in transit to the Seller.

I also request the issue of a confirmation of the lodging of the complaint, stating when I exercised this right, the content of the complaint, the method of settlement I require, together with my contact details for the purpose of providing information on settlement of the complaint.

Date:

Signature: