General terms and conditions

DEFINITION OF TERMS

“E-shop” – the web interface located on the website available at the internet address https://www.mobilegear.cz.
“Goods” – a movable item 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., ID No.: 09544500, VAT No.: 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 or legal person who enters into a purchase contract with the Seller. The subject of such a purchase contract is the delivery of Goods. The Buyer may be either a consumer or an entrepreneur.
“Consumer” – a Buyer who enters into a purchase contract outside the scope of their business activity or independent professional practice.
“Entrepreneur” – a person who independently carries out a gainful activity on their own account and responsibility in a trade or similar manner with the intention of doing so continuously for profit. For the purposes of consumer protection, an Entrepreneur also includes any person who enters into a purchase contract related to their own commercial, manufacturing, or similar activity or in the independent exercise of their profession, as well as a person acting on behalf or for the account of an Entrepreneur.
“Order” – an offer to enter into a purchase contract made by a potential Buyer to the Seller.
“Purchase Contract” – a contract concluded between the Seller and the Buyer, the subject of which is the sale of Goods for the purchase price and delivery costs. The Purchase Contract is generally concluded in the Czech language. The Purchase Contract 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”).
“Purchase Price” – a monetary amount expressed in Czech crowns or euros, which is the consideration for the purchase of Goods. The amount consists of two components. The first is the price stated in the current offer for the specific Goods, including VAT, at the time of concluding the Purchase Contract.
“Delivery Costs” – include expenses for transportation, packaging, handling, and any insurance of the Goods during their delivery from the Seller to the Buyer.
“Device” – a product or equipment offered to the Seller for buyback, which meets the conditions set by the Seller.

INTRODUCTORY PROVISIONS

1. Under the Purchase Contract, the Seller undertakes to deliver the Goods to the Buyer and enable them to acquire ownership rights to the Goods, while the Buyer undertakes to accept the Goods and pay the Seller the Purchase Price.
2. These Terms and Conditions regulate the rights and obligations of the Seller and the Buyer arising from the Purchase Contract and form an integral part of the Purchase Contract.
3. By agreeing to these Terms and Conditions either by checking the icon 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 to confirm the Order 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.
4. 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 version of the Terms and Conditions.

ORDER AND MOMENT OF CONCLUSION OF THE PURCHASE CONTRACT

1. All presentation of Goods displayed on the web interface of the E-shop is of an informative nature, and the Seller is not obliged to enter into a Purchase Contract regarding these Goods. The provision of Section 1732(2) of the Civil Code shall not apply. Photographs of the Goods in the E-shop may be illustrative or may create a misleading impression due to their conversion for display on the Buyer’s technical device. Therefore, the Buyer is obliged to always familiarize themselves with the full description of the respective Goods and, in case of any uncertainties, contact the Seller.

2. The ordering of Goods occurs 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 contains details of the ordered Goods, which have been added to the Order using the “Buy” function. The Buyer further selects the payment options for the Purchase Price of the Goods along with the Delivery Costs, depending on the delivery method chosen by the Buyer.
The Buyer verbally places the Order with the Seller in the case of an Order made outside the E-shop’s web interface (e.g., at a store, by phone, or in person with an authorized employee, etc.). For Orders made outside the E-shop’s web interface, the Buyer informs the Seller of the requested Goods, and the Seller verifies and subsequently approves this request based on the current offer and stock availability. Confirmation of the order form is carried out by sending it to the Buyer’s email address with a simple electronic signature or, in the case of a printed order form, by the handwritten signature of the Seller’s authorized employee.
The Buyer sends the Seller a written Order made outside the E-shop’s web interface via electronic communication (particularly email) and confirms the order form, which is sent to the Buyer’s email address provided in the written Order.

3. Before submitting the order form on the E-shop, the Buyer has the opportunity to review and modify the information entered into the Order to prevent any potential errors in the provided details. When ordering Goods, the Buyer is obliged to provide all information correctly and truthfully.
4. A Buyer who is an Entrepreneur must identify themselves by providing a valid identification number in the Order.
5. The Buyer submits the Order to the Seller in the case of an Order placed through the E-shop by clicking the “Order with Payment Obligation” icon.
6. 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 Purchase Contract.
7. The Seller, immediately upon receiving an Order placed through the E-shop, confirms receipt to the Buyer via email to the email address provided by the Buyer in the Order.
8. The Seller is always entitled, depending on the nature of the Order (e.g., larger quantities of Goods, higher Purchase Price, etc.), to request additional confirmation of the Order from the Buyer, either in written or electronic form.
9. The contractual relationship between the Seller and the Buyer arises, in the case of an Order placed through the E-shop, at the moment the confirmation email is delivered to the email address specified by the Buyer in the Order.
10. If the Seller cannot fulfill any of the requirements specified in the Order, they will send the Buyer an amended offer to their email address. The amended offer is considered a new proposal for a Purchase Contract, and the Purchase Contract 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.
11. All Orders accepted by the Seller are binding. The Buyer may cancel the Order until the Buyer receives notification of the Order’s confirmation from the Seller. The Buyer may cancel the Order by phone or email using the Seller’s contact details provided in these Terms and Conditions.
12. In the event of an obvious technical error on the Seller’s part in stating the price of the Goods on the E-shop 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. The Seller informs the Buyer of the error without undue delay and sends the Buyer an amended offer to their email address. The amended offer is considered a new proposal for a Purchase Contract, and the Purchase Contract is concluded in such a case upon the Buyer’s confirmation of acceptance to the Seller’s email address.
13. The Buyer agrees to the use of remote communication means when concluding the Purchase Contract in the case of an Order placed through the E-shop. The costs incurred by the Buyer in using remote communication means in connection with concluding the Purchase Contract (e.g., internet connection costs, etc.) are borne by the Buyer themselves.
14. In the case of an Order made outside the E-shop’s web interface, the contractual relationship between the Seller and the Buyer arises at the moment the order form is signed as confirmation.

DEVICE BUYBACK

1. The buyback contract (buyback form) sent to the email address of the person offering the Device for buyback does not constitute an offer under the Civil Code.
2. A proposal to conclude a buyback contract, and thus an offer for the buyback of the Device, occurs only after the Seller has previously assessed the actual condition of the Device. Until this moment, the "Agreed Price" is merely an estimate of the buyback price and does not necessarily constitute an offer under the Civil Code.
3. The Seller reserves the right to refuse the buyback of a Device at any time, even without stating a reason.
4. The person offering the Device for buyback declares that the Device is not encumbered by the rights of third parties and that the Device has no other legal or factual defects.
5. For individuals under 15 years of age, only their legal representative may act on their behalf. The person offering the Device for buyback must present a valid identification document when concluding the buyback contract; the processing of personal data is subject to Act No. 253/2008 Coll., on certain measures against the legalization of proceeds from criminal activity and the financing of terrorism.

PRICE OF GOODS AND PAYMENT TERMS

1. The Buyer may pay the Purchase Price along with the Delivery Costs under the Purchase Contract to the Seller in the following ways:

In cash or by payment card upon personal pickup,
By cashless bank transfer to the Seller’s bank account,
Using a gift voucher issued by the Seller,
Via deferred payment through the Twisto or SkipPay service.

2. The prices of Goods are stated including value-added tax (VAT) and all related fees. The prices of Goods remain valid for as long as they are displayed on the E-shop’s web interface or confirmed by an authorized employee at the Seller’s premises. This provision does not preclude the conclusion of a Purchase Contract under individually negotiated terms.
3. The E-shop’s web interface also includes information about packaging and shipping costs for the Goods. This information is valid only within the territory of the Czech Republic. Together with the Purchase Price, the Buyer is obliged under the Purchase Contract to also pay the Seller the Delivery Costs.
4. For Goods marked with the label “you save” on the E-shop’s web interface, the amount indicated next to this label represents the difference between the original price of the Goods as set by the manufacturer upon market entry and the current Purchase Price.
5. The Seller generally does not require a deposit or similar payment from the Buyer. However, if the Buyer does not sufficiently confirm the Order, the Seller may require payment of the full Purchase Price along with the Delivery Costs prior to shipping the Goods to the Buyer. In such a case, Section 2119(1) of the Civil Code shall not apply.
6. In the case of cashless payment, the Buyer’s obligation to pay the Purchase Price along with the Delivery Costs is deemed fulfilled at the moment the respective amount is credited to the Seller’s account. In the case of cash payment, this obligation is deemed fulfilled at the moment the amount is handed over to an authorized employee at the Seller’s premises or to the carrier. The authorized employee or carrier will issue the Buyer a payment receipt.
7. For cash payments, the price is due upon receipt of the Goods. For cashless payments, the price is due within forty-eight (48) hours of the Order’s acceptance, unless otherwise agreed by the contracting parties.
8. 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.
9. If it is customary in the specific business practice or required by generally binding legal regulations, the Seller will issue the Buyer a tax document – an invoice – regarding payments made under the Purchase Contract. The Seller is a VAT payer. The tax document (invoice) will be issued by the Seller to the Buyer at the moment the Purchase Price along with the Delivery Costs is paid. The Buyer agrees that the tax document may be delivered to them via electronic communication to the email address provided by the Buyer. In the case of a Purchase Contract concluded at the Seller’s premises, the tax document will be handed over to the Buyer immediately after payment of the Purchase Price and Delivery Costs (upon individual agreement, it may also be sent electronically).

ISSUANCE OR DELIVERY OF GOODS AND THEIR TRANSPORTATION AND RELATED TRANSFER OF RISK OF DAMAGE

1. Goods can be delivered to the Buyer based on 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).

2. The Seller shall deliver the Goods to the Buyer in the specified manner within 14 days from the date of Order confirmation.
3. 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, or the availability for personal pickup at the Seller’s premises.
4. In the case of personal pickup, failure to collect the Goods within seven (7) days from the date the Buyer was notified of the Goods being ready for pickup is considered a withdrawal from the Purchase Contract.
5. If the Buyer, based on their own preference, chooses a specific method of transport other than those offered, the Buyer bears the risk and any additional costs associated with it.
6. Under the Purchase Contract, the Seller is obliged 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.
7. 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. Such action does not diminish the Buyer’s rights regarding liability for defects or other rights under general legal regulations.
8. 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 as stated in the billing information, or by presenting an ID card or another document with a photo 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.

9. For personal pickup or delivery by the Seller, Article 6.7 of the 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.
10. 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 them of the fragility of the Goods. Subsequently, the risk of damage to the Goods passes from the carrier to the Buyer at the moment the Buyer takes possession of the Goods. For a Buyer who is an Entrepreneur, 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 Buyer who is an Entrepreneur. Nevertheless, if the Buyer, regardless of the delivery method, fails to accept the Goods delivered in accordance with the Purchase Contract, 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 CONTRACT

1. By agreeing to the Terms and Conditions, the Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, they cannot withdraw from a Purchase Contract for the provision of services; for contracts involving the delivery of Goods manufactured or modified according to the Buyer’s requirements; for Goods that have been irreversibly mixed with other Goods or removed from sealed packaging and cannot be returned for hygienic reasons.
2. In cases not falling under Article 7.1 of the Terms and Conditions or similar situations where withdrawal from the Purchase Contract is not possible, a Consumer who placed an Order remotely has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the Purchase Contract within fourteen (14) days of receiving the Goods. If the Purchase Contract involves multiple items of Goods or delivery in several parts, this period begins from the date of receipt of the last delivery of Goods. This period is intended to allow the Consumer to reasonably familiarize themselves with the nature, characteristics, and functionality of the Goods. The Consumer is liable for any reduction in the value of the Goods resulting from handling them in a manner other than necessary given their nature and characteristics. The Buyer is not entitled to withdraw from the Purchase Contract under this article if they cannot return the Goods in the condition in which they received them from the Seller (including attached protective films), unless the item has a defect discovered only after opening the packaging or during use in such cases, the provisions on withdrawal due to defects in the Goods apply. The Consumer must send the withdrawal from the Purchase Contract to the Seller within the specified period. The Buyer may use the sample document provided by the Seller, as referenced in Article 12.4 of the Terms and Conditions. The withdrawal from the Purchase Contract can be sent by the Consumer either to the Seller’s email address or to the address of the Seller’s premises.
3. In the case of withdrawal from the Purchase Contract under Article 7.2 of the Terms and Conditions, the Purchase Contract is canceled from the outset.
4. If a Consumer withdraws from the Purchase Contract under Article 7.2 of the Terms and Conditions, the Seller is obliged to refund the Purchase Price, including Delivery Costs received under the Purchase Contract, to the Consumer within fourteen (14) days of the withdrawal. The right to a refund of the Purchase Price and Delivery Costs does not apply to additional services or extras that the Consumer could have chosen when purchasing the Goods and for which the Consumer agreed to the provision of the service before the expiration of the fourteen (14) day withdrawal period. This right to a refund does not apply, in particular, to the service of applying protective glass, including the applied protective glass, chosen by the Consumer. The Seller will refund the Purchase Price and Delivery Costs to the Consumer in the same manner in which they were received from the Consumer. With the prior consent of the Consumer, the Seller may refund the Purchase Price and Delivery Costs received from the Consumer in a different manner.
5. Pursuant to Section 1832(4) of the Civil Code, the Seller is not obliged to refund the Purchase Price and Delivery Costs received from the Consumer at the moment of withdrawal from the Purchase Contract by the Consumer, but only once the Seller is certain that the Goods will be returned or have been sent by the Consumer.
6. The Seller is entitled to withdraw from the Purchase Contract until the Goods are received by the Consumer. In such a case, Article 7.2 of the Terms and Conditions applies accordingly.
7. An Entrepreneur is entitled to withdraw from the Purchase Contract if the Seller is in delay with the delivery of the Goods for more than 30 days from the agreed delivery date.
8. A Buyer who concluded the Purchase Contract at the Seller’s premises is not entitled to withdraw from the Purchase Contract regarding Goods that were delivered properly, on time, and without defects.
9. Pursuant to Section 1833 of the Civil Code, the Seller is entitled to demand compensation from the Consumer for any reduction in the value of the Goods resulting from handling the Goods in a manner other than necessary given their nature and characteristics.
10. In cases where the Seller provides the Buyer with a gift along with the purchased Goods, the gift agreement is concluded with a rescission condition. If the Buyer withdraws from the Purchase Contract, the gift agreement loses its effect, and the Buyer is obliged to return the gift to the Seller along with the Goods.

RIGHTS FROM DEFECTIVE PERFORMANCE

1. The period for asserting rights from defective performance (hereinafter "Complaint") is, pursuant to Section 2168 of the Civil Code, 12 months from the date of receipt of used Goods by the Consumer. In the case of a Complaint resolved by replacing the Goods, a new period does not start; the decisive period is the one that began on the date of receipt of the Goods by the Consumer.
2. If the "extended warranty" service is purchased, the period for asserting a Complaint is extended by the number of months specified in the description of that service.
3. For new and unopened Goods, the period for asserting a Complaint is, pursuant to Section 2165 of the Civil Code, 24 months.
4. If a defect manifests within one (1) year from the receipt of new Goods by the Buyer, it is presumed that the item was defective upon receipt. This period is suspended for the time during which the Buyer cannot use the item due to the handling of the Complaint, provided the Buyer rightfully reported the defect.
5. If the Goods received have defects at the time of receipt by the Buyer (e.g., lack agreed or reasonably expected properties, are unsuitable for their usual or agreed purpose, are incomplete, or do not match in quantity, measure, weight, or quality according to other legal, contractual, or pre-contractual parameters), these are defects for which the Seller is liable.
6. Within the Complaint period, the Buyer may, at their discretion, demand from the Seller the free removal of the defect, a reasonable discount on the Purchase Price, or delivery of the missing item. Unless 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.
7. If a removable defect reoccurs after repair (third Complaint for the same issue or fourth for different issues) or if the Goods have multiple defects (at least three defects simultaneously), the Consumer may claim a discount on the Purchase Price, replacement of the Goods, or withdraw from the Purchase Contract.
8. If repair or replacement of the Goods is not possible, the Consumer is entitled to demand a full refund of the Purchase Price, including Delivery Costs.
9. The Seller is not obliged to satisfy the Buyer’s claim if they prove that the Consumer knew of the defect before receipt or caused it themselves.
10. The warranty does not cover damage caused, in particular, by:

Mechanical damage,
Damage, even to a part of the Goods, by a computer virus,
Electrical surge,
Improper installation, handling, operation, or neglect of care for the Goods,
A defect manifesting in unauthorized software,
Damage from excessive use or overloading,
Unqualified intervention, except by the Seller or a person designated by the Seller,
Modification of the Goods by the Buyer,
Incorrectly performed BIOS or other software upgrade,
Damage due to force majeure or natural disaster,
Use of incorrect or non-original accessories.

11. The Seller is not liable for defects resulting from normal wear and tear or failure to follow the instructions for use.
Instructions for use are permanently available electronically at https://support.apple.com/cs-cz, in written form at the Seller’s premises in Břeclav, or will be sent to the Buyer upon request in paper or electronic form.
12. 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 reduced price, the Seller is not liable for defects for which the reduced price was agreed and about which the Buyer was informed in advance.
13. The Seller is further not liable for defects that cannot be claimed under warranty from the Goods’ manufacturer (e.g., water resistance).
14. When handing over Goods used for data storage (e.g., mobile phone, computer) for a Complaint, the Buyer shall ensure an appropriate backup of necessary data. The Seller is not responsible for any loss, damage, or misuse of data stored on such Goods. The Buyer acknowledges that if a Complaint is resolved by replacing the Goods, the original Goods with stored data will not be returned.
15. The Seller is entitled to reject a Complaint if the Goods are secured with a password or similar access restriction to the internal system, and the Buyer has not removed this security or provided the necessary information to do so when filing the Complaint.
16. The Seller is also entitled to reject a Complaint if an anti-theft service (e.g., Apple Find My iPhone/MacBook) is active on the Goods and the Buyer has not disabled it.
17. The Seller may reject a Complaint if the Goods are so dirty that they do not meet basic hygienic standards for safe handling during defect assessment. In less severe cases, the Seller may, with the Buyer’s prior consent, charge a cleaning fee.
18. The Buyer must file a Complaint with the Seller or a person designated by the Seller without undue delay after discovering the defect. If done in writing or electronically, the Buyer must provide their contact details, a description of the defect, and a request for how the Complaint should be resolved. The Seller will only inspect the Goods for defects reported by the Buyer.
19. Upon reporting a defect, or without undue delay thereafter, the Buyer must inform the Seller of their chosen right (method of resolving the Complaint). A change in the chosen right without the Seller’s consent is possible only if the Buyer requested repair of a defect that proves to be irremovable. If the Buyer does not timely choose their right for a material breach of the Purchase Contract, they have the rights applicable to a non-material breach.
20. The Buyer must prove the purchase of the Goods (preferably with a proof of purchase). The Goods must be packaged appropriately for transport to prevent damage, and should be clean and complete.
21. The Seller must decide on the Complaint promptly, no later than three working days, or determine if an expert assessment is needed. The Seller will inform the Buyer of the Complaint’s status within this period upon request.
22. The Seller will resolve a Consumer’s Complaint, including defect removal, without undue delay, no later than thirty (30) days from its filing, unless the Seller and Consumer agree in writing on a longer period. After this period expires, the Consumer has the same rights as if it were a material breach of the Purchase Contract.
23. If the Seller refuses to remedy the defect, the Consumer may demand a reasonable discount on the Purchase Price or withdraw from the Purchase Contract.
24. In the case of a justified Complaint, the Consumer is entitled to reimbursement of reasonably incurred (minimally necessary) costs related to filing the Complaint. This right may be asserted with the Seller within one month from the end of the period for asserting rights from defective performance.
25. If the Buyer is an Entrepreneur and it is evident from the circumstances at the time of concluding the Purchase Contract that the purchase relates to their business activity, they are entitled to request an exchange for defect-free Goods within 30 days from the receipt of the original Goods.
26. 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 pickup 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 the Civil Code.
27. If the Buyer does not collect the Goods within the additional 60-day period, the Seller is entitled to sell the Goods. If the uncollected Goods are sold and the proceeds exceed the costs of storage and sale, the Seller must pay the remaining proceeds to the Buyer. Upon request, the Seller will provide the Buyer with a final settlement for the sale. The Seller has the same rights without notifying the Buyer if the Buyer is difficult to reach or does not respond.

OTHER RIGHTS AND OBLIGATIONS

1. The Buyer acquires ownership of the Goods upon payment of the full Purchase Price and Delivery Costs.
2. 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 and Delivery Costs.
3. The Buyer declares that, prior to the first use of the purchased Goods, they have thoroughly familiarized themselves with the user manual as per Article 8.11.1 of the Terms and Conditions.
4. 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 email address from which the complaint was sent.
5. For out-of-court resolution of consumer disputes arising from the Purchase Contract, the competent authority is the Czech Trade Inspection Authority, located at Gorazdova 1969/24, 120 00 Prague 2, ID No.: 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 Contract.
6. The European Consumer Centre Czech Republic, located at Gorazdova 1969/24, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, serves as the contact point under 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 dispute resolution online).
7. By agreeing to the 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

1. 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

1. 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.
2. 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

1. These Terms and Conditions are valid to the extent and in the wording stated on the E-shop’s internet address on the day the Buyer places an Order (in any form). Simultaneously, upon the creation of the Order, the Terms and Conditions are sent to the Buyer at the email address provided in the Order.
2. 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.
3. 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.
4. 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.
5. If the relationship established by the Purchase Contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply, in accordance with Article 6 of that Convention.
6. 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.
7. 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.
8. The Seller is not liable for errors resulting from third-party interference with the E-shop or from its use contrary to its intended purpose. The Buyer must not use procedures that could negatively affect the operation of the E-shop 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 E-shop, or use the E-shop or its parts or software in a manner contrary to its intended purpose or function.
9. Changes to the Terms and Conditions in any form other than a mutually agreed written form are excluded.
10. 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.
11. 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.
12. These Terms and Conditions, including their components, are valid and effective as of 5 February 2024 and supersede the previous version of the Terms and Conditions, including their components.