Terms and Conditions for B2B Partners
DEFINITION OF TERMS
"E-shop" – A web interface located on the website available at the internet address https://www.mobilegear.cz.
"Goods" – Movable items that can be purchased based on the seller’s current offer. Goods in the e-shop are typically accompanied by an illustrative photograph, name, and specification.
"Seller" – MobileGear s.r.o., Company ID: 09544500, VAT ID: CZ09544500, with its registered office at Slovákova 354/5, Veveří, 602 00 Brno, registered in the Commercial Register maintained by the Regional Court in Brno under file no.: C 119513.
"Buyer" – A natural person engaged in business or a legal entity that enters into a purchase agreement with the seller. The subject of such a purchase agreement is the delivery of goods. The buyer must be an entrepreneur.
"Entrepreneur" – A person who independently carries out a gainful activity on their own account and responsibility in a trade or similar manner, with the intent to do so continuously for the purpose of achieving profit. An entrepreneur also includes any person who enters into contracts related to their own commercial, manufacturing, or similar activities, or in the independent exercise of their profession. Additionally, it includes a person acting on behalf of or for the account of an entrepreneur.
"Order" – An offer to enter into a purchase agreement made by a potential buyer to the seller.
"Purchase Agreement" – An agreement concluded between the seller and the buyer, the subject of which is the delivery of goods for a purchase price. The purchase agreement is typically concluded in the Czech language. The purchase agreement and related legal relationships are governed by the provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code").
"Subject of Sale" – Goods selected by the buyer from the current offer, which the buyer purchases based on the purchase agreement.
"Purchase Price" – A monetary amount expressed in Czech crowns or euros, which serves as consideration for the delivery of goods. The amount consists of two components. The first is the price listed in the current offer for the specific goods, including VAT, at the time of concluding the agreement. The second component is the delivery costs (see the section "Delivery of Goods and Their Transport and Related Transfer of Risk of Damage"). Under the purchase agreement, the buyer undertakes to pay this purchase price to the seller.
INTRODUCTORY PROVISIONS
- Under the purchase agreement, the seller undertakes to deliver the subject of sale to the buyer and enable them to acquire ownership rights to it, while the buyer undertakes to accept the subject of sale and pay the seller the purchase price.
- These Terms and Conditions govern the rights and obligations of the seller and the buyer arising from the purchase agreement and form an integral part of the purchase agreement.
- By agreeing to these Terms and Conditions whether by checking a box in the web interface of the e-shop in the "Cart" section indicating consent to the Terms and Conditions and confirming familiarity with them, or by signing an order confirmation in the case of an order placed outside the e-shop’s web interface the buyer confirms that they have read the Terms and Conditions and agree to them.
- The seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous Terms and Conditions.
ORDER AND MOMENT OF CONCLUSION OF THE PURCHASE AGREEMENT
- All presentation of goods on the e-shop’s web interface is of an informative nature, and the seller is not obliged to conclude a purchase agreement regarding these goods. Section 1732(2) of the Civil Code shall not apply. Photographs of goods in the e-shop may be illustrative or may create a misleading impression due to their display on the buyer’s technical device; therefore, the buyer is obliged to always review the full description of the goods and contact the seller in case of any uncertainties.
- An order for goods is placed at the moment when:
- The buyer completes the order form on the e-shop and confirms its submission. The order form on the e-shop primarily includes details of the ordered goods added to the order via the "cart" function, payment options for the purchase price of the goods along with delivery options, and the costs associated with delivery depending on the chosen option (hereinafter referred to as the "e-shop order form").
- The buyer verbally places an order with the seller in the case of an order made outside the e-shop’s web interface (e.g., at the premises, by phone, in person with a sales representative, etc.) and confirms the order form, which is sent to the buyer’s email address after expressing consent or completed in printed form. For orders placed outside the e-shop’s web interface, the buyer informs the seller’s sales representative of the requested goods, and the representative verifies and subsequently approves this request based on the current offer and stock availability. Confirmation of the order form is carried out via a simple electronic signature in the case of an email sent to the buyer’s email address or by a handwritten signature in the case of a printed order form.
- The buyer sends a written order to the seller outside the e-shop’s web interface via electronic communication means (primarily email) and confirms the order form sent to the buyer’s email address specified in the written order.
- Before submitting the e-shop order form to the seller, the buyer has the opportunity to review and modify the information entered into the order to prevent any potential errors. When ordering goods, the buyer is obliged to provide all information correctly and truthfully.
- The entrepreneurial buyer is required to identify themselves by providing a valid identification number and, if applicable, a tax identification number in the order.
- The buyer submits the order to the seller in the case of an order placed via the e-shop by clicking the "Order with Payment Obligation" icon.
- By submitting the order, the buyer confirms that, pursuant to Sections 1810 et seq. of the Civil Code, they received clear and comprehensible information required by law from the seller prior to concluding the agreement.
- The seller, upon receiving an order placed via the e-shop, promptly confirms its receipt to the buyer via email to the email address provided by the buyer in the order.
- The seller is always entitled, depending on the nature of the order (e.g., large quantity of goods, high purchase price, etc.), to request additional confirmation of the order from the buyer, either in written or electronic form.
- The contractual relationship between the seller and the buyer arises, in the case of an order via the e-shop, at the moment the confirmation email is delivered to the buyer at the email address specified in the order.
- If the seller is unable to fulfill any of the requirements stated in the order, they will send an amended offer to the buyer’s email address. The amended offer is considered a new proposal for a purchase agreement, and the purchase agreement is concluded in such a case upon the buyer’s confirmation of acceptance of this offer to the seller’s email address provided in these Terms and Conditions.
- All orders accepted by the seller are binding. The buyer may cancel an order until the seller delivers the order confirmation notice to the buyer. The buyer may cancel the order by phone or email using the seller’s contact details provided in these Terms and Conditions.
- In the event of an obvious technical error on the seller’s part regarding the price of goods listed in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly erroneous price, even if the buyer has received an automatic acceptance or confirmation of the order under these Terms and Conditions. The seller informs the buyer of the error without undue delay and sends an amended offer to the buyer’s email address. The amended offer is considered a new proposal for a purchase agreement, and the purchase agreement is concluded in such a case upon the buyer’s confirmation of acceptance to the seller’s email address.
- The buyer agrees to the use of remote communication means when concluding the agreement in the case of an order via the e-shop. The costs incurred by the buyer when using remote communication means in connection with concluding the agreement (e.g., internet connection costs, etc.) are borne by the buyer themselves.
- In the case of an order placed outside the e-shop’s web interface, the contractual relationship between the seller and the buyer arises at the moment of signing the order form confirmation.
USER ACCOUNT FOR ENTREPRENEURIAL BUYERS
- An entrepreneurial buyer has the option to create a user account on the e-shop’s web interface. From their user interface, the entrepreneurial buyer can place orders for goods.
- Access to the user account is secured with a username and password, which the entrepreneurial buyer selects during registration.
- The entrepreneurial buyer is obliged to maintain confidentiality regarding the information necessary to access their user account. The entrepreneurial buyer is not authorized to allow third parties to use their user account.
- The seller may cancel a user account, particularly if the entrepreneurial buyer does not use their account for more than 2 years, or if the entrepreneurial buyer grossly breaches their obligations under the purchase agreement (including these Terms and Conditions).
- The entrepreneurial buyer is obliged to regularly check the details provided when setting up the user account and update them in case of any changes. The seller is not responsible for any inaccurate or outdated information provided by the entrepreneurial buyer.
- The entrepreneurial buyer acknowledges that the user account may not be continuously available, particularly due to necessary maintenance of hardware and software equipment.
PRICE OF GOODS AND PAYMENT TERMS
- The price of the goods and any costs associated with their delivery under the purchase agreement may be paid by the buyer to the seller in the following ways:
- In cash or by card upon personal pickup,
- By bank transfer to the seller’s bank account,
- By payment card,
- Via deferred payment through the Twisto or SkipPay services.
- The prices of goods are stated including value-added tax (VAT) and all related fees. The prices of goods remain valid as long as they are displayed on the e-shop’s web interface or confirmed by a sales representative at the premises. This provision does not preclude the conclusion of a purchase agreement under individually negotiated terms.
- The e-shop interface also includes information about packaging and shipping costs (for goods). This information is valid only within the territory of the Czech Republic. Along with the purchase price, the buyer is also obliged to pay the seller the packaging and shipping costs in the pre-agreed amount.
- The seller generally does not require an advance payment or similar payment from the buyer. However, if the buyer fails to sufficiently confirm the order, the seller may require payment of the full purchase price before dispatching the goods to the buyer. In such a case, Section 2119(1) of the Civil Code shall not apply.
- In the case of a cashless payment, the buyer’s obligation to pay the purchase price is deemed fulfilled at the moment the respective amount is credited to the seller’s account. In the case of a cash payment, the obligation to pay the purchase price is deemed fulfilled at the moment the amount is handed over to the sales representative at the premises or to the carrier, and the sales representative or carrier issues a payment receipt to the buyer.
- For cash payments, the price is due upon receipt of the goods. For cashless payments, the price is due within seven (7) days of order acceptance, unless otherwise agreed by the parties.
- Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other unless the seller and the buyer agree otherwise.
- If it is customary in the specific business relationship or required by generally binding legal regulations, the seller shall issue a tax document – an invoice – to the buyer regarding payments made under the purchase agreement. The seller is a VAT payer. The tax document (invoice) is issued by the seller to the buyer at the moment the price of the goods is paid, and it is delivered via electronic communication to the buyer’s address. In the case of a sale at the premises, the tax document is handed over immediately after payment of the required amount to the seller, directly to the buyer (it may also be sent electronically upon individual agreement).
DELIVERY OR ISSUANCE OF GOODS, THEIR TRANSPORT, AND RELATED TRANSFER OF RISK OF DAMAGE
- Goods can be delivered to the buyer according to their choice from the following options:
- Via a transport service,
- By personal pickup at the seller’s premises,
- By personal delivery performed by the seller (only after prior agreement).
- The seller shall deliver the goods to the buyer in the specified manner within 14 days from the date of order confirmation.
- Within the aforementioned period, the seller shall notify the buyer via email about the handover of the goods to the carrier, the scheduled delivery date for personal delivery, or the availability for personal pickup at the seller’s premises.
- In the case of personal pickup, failure to collect the goods within 30 days from the date the buyer was notified of the goods being ready for pickup is considered withdrawal from the agreement.
- If the buyer, based on their own preference, selects a specific method of transport, the buyer bears the risk and any additional costs associated with it.
- The seller is obliged, under the purchase agreement, to deliver the goods to the location specified by the buyer in the order, and the buyer is obliged to accept the goods so delivered. If, due to reasons on the buyer’s side, it is necessary to deliver the goods multiple times or if the delivery location changes, the buyer bears the additional costs associated with this.
- Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the goods’ packaging and, in case of any defects, immediately notify the carrier. If there is any doubt about the condition of the shipment or suspicion of tampering with its contents, the buyer may refuse to accept the goods. In such a case, a new shipment will be dispatched. This action does not diminish the buyer’s rights regarding liability for defects or other rights under general legal regulations.
- For personal pickup or delivery by the seller, the seller verifies the identity of the buyer or the recipient of the goods by:
- Knowledge of the order number and the full name listed in the billing details, or by presenting an ID card or another document with a photograph and full name,
- In the case of payment at the premises, the goods will be handed over only after the full amount specified in the order has been paid.
- For personal pickup or delivery by the seller, Article 6.7 of these Terms and Conditions applies accordingly. The buyer is obliged to check the integrity of the goods’ packaging and, in case of any defects, immediately notify the seller.
- The risk of damage to the goods in the case of personal pickup or delivery by the seller passes from the seller to the buyer at the moment the buyer takes possession of the goods. In the case of using a third-party carrier, the risk of damage to the goods passes from the seller to the carrier pursuant to Section 2566(1) of the Civil Code at the moment the carrier takes possession of the goods from the seller, provided the carrier does not note any packaging defects and the seller has informed the carrier of the goods’ fragility. Subsequently, the risk of damage to the goods passes from the carrier to the consumer buyer at the moment the consumer buyer takes possession of the goods from the carrier. For an entrepreneurial buyer, delivery is deemed to occur upon handover of the goods to the first carrier. Upon delivery of the goods, the risk of damage to the goods passes to the entrepreneurial buyer. Nevertheless, if the buyer, regardless of the delivery method, fails to accept the delivered goods in breach of the purchase agreement, the risk of damage to the goods passes to the buyer at the moment the buyer refuses to accept the goods or otherwise fails to take possession of them.
WITHDRAWAL FROM THE AGREEMENT
- By agreeing to these Terms and Conditions, the buyer acknowledges that, pursuant to Section 1837 of the Civil Code, the right to withdraw from the agreement cannot be exercised for contracts concerning the delivery of digital content not supplied on a tangible medium, or for contracts for the provision of services, in both cases provided that performance occurred with the buyer’s prior express consent before the withdrawal period expired; further, for contracts for services or goods whose price depends on fluctuations in the financial market beyond the seller’s control; for contracts for the delivery of goods customized to the consumer’s wishes or for their person; for contracts for goods subject to rapid deterioration; for goods irreversibly mixed with other goods or removed from sealed packaging and unable to be returned for hygienic reasons; and for the delivery of audio or video recordings or computer programs if the buyer has broken their original packaging.
- In cases not covered by Article 7.1 of these Terms and Conditions or similar situations where withdrawal from the purchase agreement is not possible, a consumer buyer who placed an order remotely has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the purchase agreement within fourteen (14) days of receiving the goods. If the purchase agreement involves multiple types of goods or delivery in several parts, this period starts from the date of receipt of the last delivery. This period is intended to allow the consumer buyer to reasonably familiarize themselves with the nature, characteristics, and functionality of the goods. The consumer buyer is liable for any reduction in the value of the goods resulting from handling them in a manner beyond what is necessary given their nature and characteristics. The buyer has no right to withdraw from the agreement under this article if they cannot return the goods in the condition in which they were received from the seller (including attached protective films), unless the item has a defect discovered only after opening the packaging or using it—in such cases, the provisions on withdrawal due to defective goods apply. The consumer buyer must send the withdrawal notice to the seller within the specified period. The consumer buyer may use a sample document provided by the seller for withdrawal. The withdrawal notice may be sent to the seller’s email address or the address of the seller’s premises.
- In the case of withdrawal from the purchase agreement under Article 7.2 of these Terms and Conditions, the purchase agreement is canceled from the outset. The consumer buyer must return the goods to the seller within fourteen (14) days of delivering the withdrawal notice to the seller. If the consumer buyer withdraws from the agreement, they bear the costs associated with returning the goods to the seller, including cases requiring special transport. The returned goods must be in perfect condition, undamaged, intact, unused, including all documentation, preferably in the original packaging, and suitable for further distribution. If these conditions are not met, the seller is not obliged to accept the withdrawal, and the goods will be returned to the consumer buyer at their expense.
- In the case of withdrawal from the purchase agreement under Article 7.2 of these Terms and Conditions, the seller is obliged to refund all funds received from the consumer buyer under the agreement within fourteen (14) days of the consumer buyer’s withdrawal, excluding transportation costs and additional services or accessories that the buyer may have selected during the purchase and which cannot objectively be returned (e.g., battery replacement or application of protective glass, including the applied protective glass). The seller shall refund these funds via bank transfer to the buyer’s account. With the buyer’s prior consent, the seller may refund the funds received from the consumer buyer in another manner. The seller is not obliged to refund the funds received from the buyer at the moment of withdrawal but only once it is certain that the undamaged goods have been returned to the seller.
- The seller is entitled to withdraw from the purchase agreement until the goods are received by the buyer. In such a case, Article 7.2 of these Terms and Conditions applies accordingly. The seller shall refund the funds received from the buyer without undue delay after withdrawing from the purchase agreement to an account designated by the buyer.
- An entrepreneurial buyer is entitled to withdraw from the purchase agreement if the seller is delayed in delivering the goods by more than 4 weeks from the agreed delivery date.
- A buyer who concluded the purchase agreement at the seller’s premises is not entitled to withdraw from the agreement regarding goods that were delivered properly, on time, and without defects.
- The seller is entitled to unilaterally offset any damage to the goods against the buyer’s claim for a refund of the purchase price.
- In cases where the seller provides a gift to the buyer along with the purchased goods, the gift agreement is concluded with a condition of termination. If the buyer withdraws from the purchase agreement, the gift agreement loses effect, and the buyer is obliged to return the gift to the seller along with the goods.
RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
- The seller provides a 12-month warranty on used goods supplied by them, starting from the date the goods are received by the consumer buyer. Under this warranty, the seller undertakes that the goods will remain fit for their usual purpose or retain their usual properties for the specified warranty period.
- If the goods received have defects at the time of receipt by the buyer (e.g., they lack agreed or reasonably expected properties, are unsuitable for their usual or agreed purpose, are incomplete, or their quantity, measure, weight, or quality does not comply with other legal, contractual, or pre-contractual parameters), these are considered defects for which the seller is liable.
- Within the specified warranty period, the consumer buyer may, at their discretion, demand from the seller the free removal of the defect or a reasonable discount on the price. If it is not disproportionate to the nature of the defect (particularly if the defect cannot be remedied without undue delay), the buyer may demand the delivery of a new defect-free item or a new defect-free component if the defect pertains only to that component.
- If repair or replacement of the goods is not possible, the consumer buyer may demand a full refund of the purchase price upon withdrawal from the agreement.
- If a defect becomes apparent within six months of the consumer buyer receiving the goods, it is presumed that the goods were defective at the time of receipt.
- The seller is not obliged to satisfy the consumer buyer’s claim if they prove that the consumer buyer knew of the defect before taking possession of the goods or caused it themselves.
- For used goods sold, the seller is not liable for defects corresponding to the degree of prior use or wear. For items sold at a lower price, the seller is not liable for the defect for which the lower price was agreed. In such cases, instead of the right to replacement, the consumer buyer has the right to a reasonable discount.
- The seller is also not liable for defects that cannot be claimed under warranty from the device manufacturer.
- The consumer buyer is entitled to exercise rights arising from a defect that occurs in consumer goods within twenty-four months of receipt.
- The buyer is obliged to notify the seller of a defect without undue delay after they could have discovered it with timely inspection and sufficient care.
- Within this period, the consumer buyer is entitled to file a complaint and, at their discretion, demand the following for a defect constituting a material breach of the agreement (regardless of whether the defect is remediable or irremediable):
- Removal of the defect by delivering a new defect-free item or supplying the missing item;
- Free removal of the defect by repair;
- A reasonable discount on the purchase price;
- Refund of the purchase price upon withdrawal from the agreement.
- A material breach is one that the breaching party knew or should have known at the time of concluding the agreement would have prevented the other party from entering into the agreement had it been foreseen. For a defect constituting a non-material breach of the agreement (regardless of whether it is remediable or irremediable), the consumer buyer is entitled to the removal of the defect or a reasonable discount on the purchase price.
- If a remediable defect reoccurs after repair (third complaint for the same defect or fourth for different defects) or if the goods have multiple defects (at least three defects simultaneously), the consumer buyer may exercise the right to a discount on the purchase price, replacement of the goods, or withdrawal from the agreement.
- The seller is not liable for defects resulting from normal wear and tear or failure to follow usage instructions.
- Usage instructions are permanently available electronically at https://support.apple.com/cs-cz or in written form at the MobileGear premises in Břeclav.
- The buyer must file a complaint with the seller or the designated repair person without undue delay after discovering the defect. If done in writing or electronically, the buyer should provide their contact details, a description of the defect, and a request for the resolution method.
- Upon notifying the seller of the defect, or without undue delay thereafter, the buyer must inform the seller of their chosen right (resolution method). A change of choice without the seller’s consent is only possible if the buyer requested repair of a defect that proves irremediable. If the buyer does not timely choose their right for a material breach, they have the same rights as for a non-material breach.
- The buyer must prove the purchase of the goods (preferably with a purchase receipt). The period for resolving the complaint begins upon handover/delivery of the goods to the seller or the designated repair location. The goods should be packaged appropriately during transport to prevent damage and should be clean and complete.
- The seller is obliged to decide on the complaint immediately, no later than three working days, or determine if an expert assessment is required. The buyer will be informed of the need for an expert assessment within this period.
- The seller shall resolve the consumer buyer’s complaint, including defect removal, without undue delay, no later than 30 days from its filing, unless a longer period is agreed upon in writing with the consumer buyer. After this period expires, the consumer buyer has the same rights as if it were a material breach.
- If the seller refuses to remedy the defect, the consumer buyer may demand a reasonable discount on the price or withdraw from the agreement.
- The warranty period is extended by the time from filing the complaint until its resolution or until the buyer was obliged to collect the goods.
- The seller undertakes to inform the buyer about the complaint’s resolution.
- For a justified complaint, the consumer buyer is entitled to reimbursement of reasonably incurred costs related to filing the complaint. This right may be exercised with the seller within one month after the warranty period expires.
- If the buyer is an entrepreneur and it is evident from the circumstances at the time of concluding the agreement that the purchase relates to their business activity, they are entitled to exercise rights arising from a defect occurring within 30 days of receiving the goods.
- If the buyer does not collect the repaired goods within 30 days of being notified, a storage fee of CZK 25 per day commenced will be charged, and the buyer will be repeatedly notified. This applies to both personal pickup and receipt via a transport service. In the repeated notice, the buyer will be informed of the intended sale and given an additional 60-day period to collect the goods, in accordance with Section 2609 of Act No. 89/2012 Coll., as amended.
- If the buyer does not collect the goods within the additional 60-day period, the seller is entitled to sell the goods. If uncollected goods are sold and the proceeds exceed the storage and sales costs, the seller is obliged to pay the proceeds to the buyer. Upon request, the seller will provide the buyer with a final settlement. The seller has the same rights without notifying the buyer if the buyer is difficult to reach or does not respond. The seller may withhold the product until the full amount for repairs and any storage fees is paid. If this amount exceeds the product’s current market value, the seller is entitled to sell the product to cover the costs incurred.
OTHER RIGHTS AND OBLIGATIONS
- The buyer acquires ownership of the goods upon payment of the full purchase price of the goods.
- The seller has the right to refuse an order if the buyer has previously failed to fulfill their obligation to accept the goods and pay the purchase price.
- The buyer declares that, before the first use of the purchased device, they have thoroughly familiarized themselves with the user manual as per Article 8.14.1 of these Terms and Conditions.
- All buyer complaints are handled by the seller via the email address info@mobilegear.cz. The seller will send the buyer a response regarding the status of the specific complaint and information about its resolution, if applicable, to the buyer’s email address.
- For out-of-court resolution of consumer disputes arising from the purchase agreement, the competent authority is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 00020869, website: https://adr.coi.cz/cs. The online dispute resolution platform, available at http://ec.europa.eu/consumers/odr, can be used to resolve disputes between the seller and the buyer arising from the purchase agreement.
- The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, serves as a 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 online dispute resolution).
- By agreeing to these Terms and Conditions, the buyer assumes the risk of a change in circumstances pursuant to Section 1765(2) of the Civil Code.
PERSONAL DATA PROTECTION
- The seller handles and processes the buyer's personal data in accordance with Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as "GDPR"), related to the processing of the buyer's personal data for the purposes of fulfilling the purchase contract, negotiating the purchase contract, and fulfilling the seller's public law obligations. The seller fulfills these obligations through a special document, which is also available on the web interface of the e-shop.
STORAGE OF COOKIES AND SENDING COMMERCIAL COMMUNICATIONS
- The buyer agrees, pursuant to Section 7(2) of Act No. 480/2004 Coll., on certain information society services and on amendments to certain acts, as amended, to the sending of commercial communications by the seller to the buyer's email address or telephone number. The seller fulfills its information obligation towards the buyer pursuant to Article 13 of the GDPR regulation regarding the processing of the buyer's personal data for the purpose of sending commercial communications through a special document.
- The buyer, when using the web interface of the e-shop, consents to the storage of so-called cookies on their computer. If it is possible to make a purchase through the web interface of the e-shop and fulfill the seller's obligations under the purchase contract without storing so-called cookies on the buyer's computer, the buyer may revoke the consent given in the previous sentence.
FINAL PROVISIONS
- These terms and conditions are valid to the extent and in the wording stated on the e-shop's website on the day the buyer places an order (in any form).
- If any provision of the terms and conditions is invalid or ineffective, or becomes so, it shall be replaced by a provision whose meaning most closely approximates the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions of the terms and conditions.
- The purchase contract, including the terms and conditions, concluded through the e-shop's web interface, is archived by the seller in electronic form and is not accessible.
- The document for withdrawal from the purchase contract is generated based on the data entered at the address https://mobilegear.cz/sluzby-zakaznikum/vraceni-do-14-dni.
- If the relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by Czech law. However, this choice of law does not deprive a consumer (but not an entrepreneur) of the protection afforded by the legal system and specific provisions from which it is not possible to deviate contractually, and which would otherwise apply under Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) in the absence of a choice of law.
- All rights to the seller’s website, in particular copyright to the content, including page layout, photos, videos, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the seller’s consent.
- The seller is not liable for errors resulting from third-party interference with the online store or from its use contrary to its intended purpose. The buyer must not use procedures that could negatively affect the operation of the online store and must not engage in any activity that could allow them or third parties to unlawfully interfere with or unlawfully use the software or other components constituting the online store, or use the online store or its parts or software in a manner contrary to its intended purpose or function.
- Changes to the terms and conditions in any form other than a mutually agreed written form are excluded.
- Other matters not specified herein are governed by the Civil Code (No. 89/2012 Coll.), the Consumer Protection Act (No. 634/1992 Coll.), and other legal regulations, as amended by subsequent legal provisions.
- Contact details of the seller: MobileGear s.r.o., registered office at Slovákova 354/5, Veveří, 602 00 Brno, ID No.: 09544500, VAT No.: CZ09544500, email address: info@mobilegear.cz, phone: +420 548 998 907, account held at Komerční banka: 123-2167270247/0100.
- These General Terms and Conditions, including their components, are valid and effective as of 4 July 2023 and supersede the previous version of the General Terms and Conditions, including their components.