Terms and Conditions

I. INTRODUCTORY PROVISIONS

I.1. These Business Terms and Conditions (hereinafter referred to as "Business Terms and Conditions") of the business company ZEBR s.r.o., with registered office No. 178, 691 88 Milovice, identification number: 26915308 (hereinafter referred to as "Seller") regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person who is not a consumer, or a legal entity (hereinafter referred to as the "Buyer") through the Seller's online shop (store). The online shop is operated by the Seller on the website located at the Internet address: http://shop.zebr.cz/ (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Web interface of the shop"). These Business Terms and Conditions do not apply to consumers.

I.2. Provisions deviating from the Business Terms and Conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Business Terms and Conditions.

I.3. The provisions of the Business Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Business Terms and Conditions are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language.

I.4. The Seller may change or supplement the wording of the Business Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Business Terms and Conditions.

II. USER ACCOUNT

II.1. Upon registration of the Buyer on the Website, the Buyer may access its user interface. From its user interface, the Buyer may order goods (hereinafter referred to as "user account").

II.2. When registering on the website and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data provided in the user account in case of any change. The data provided by the Buyer in the user account and when ordering goods are considered correct by the Seller.

II.3. Access to the user account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access its user account.

II.4. The Buyer is not entitled to allow third parties to use the user account.

II.5. The Seller may cancel the user account, in particular if the Buyer does not use its user account for more than 6 months, or if the Buyer breaches its obligations under the Purchase Contract (including the Business Terms and Conditions).

II.6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.

III. CONCLUSION OF THE PURCHASE CONTRACT

III.1. All presentation of the goods placed in the web interface of the shop (store) is of an informative nature and the Seller is not obliged to conclude a purchase contract regarding these goods. The provision of § 1732(2) of the Civil Code shall not apply.

III.2. The web interface of the shop (store) contains information about the goods, including the prices of individual goods. The prices of the goods are exclusive of value added tax (VAT). The prices of the goods remain valid for as long as they are displayed in the web interface of the shop (store). This provision does not limit the Seller's ability to conclude a purchase contract under individually agreed conditions.

III.3. The web interface of the shop (store) also contains information on the costs associated with the packaging and delivery of goods. The information on the costs associated with the packaging and delivery of goods provided in the web interface of the shop (store) is valid only in cases where the goods are delivered within the territory of the Czech Republic.

III.4. To order goods, the Buyer fills in the order form in the web interface of the shop (store). The order form contains in particular information about:

• ordered goods (ordered goods are "inserted" by the Buyer into the electronic shopping cart of the web interface of the shop (store)),
• the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and
• information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").

III.5. Before sending the order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered into the order, also taking into account the possibility of the Buyer to detect and correct errors arising from the data entered into the order. The Buyer sends the order to the Seller by clicking on the "Send Order" button. The data entered in the order are considered correct by the Seller. Immediately upon receipt of the order, the Seller shall confirm receipt of the order to the Buyer by electronic mail to the Buyer's electronic mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's electronic address").

III.6. The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping/transfer costs) to ask the Buyer for additional order confirmation (for example, in writing or by telephone).

III.7. The contractual relationship between the Seller and the Buyer is established by delivery of the acceptance of the order (order intake), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.

III.8. The Seller shall have the right to withdraw from the Purchase Contract for any reason or without stating a reason until the Goods are dispatched/send to the Buyer. The Seller's legal act consisting in notifying the Buyer that it cannot deliver the Goods ordered by the Buyer shall also be deemed to be withdrawal from the Purchase Contract.

III.9. The method of packaging of the Goods is determined solely by the Seller; the provisions of § 2097 of the Civil Code are hereby excluded.

III.10. The Buyer agrees to the use of remote means of communication when concluding the Purchase Contract. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be paid by the Buyer itself, and these costs do not differ from the basic rate.

IV. PRICE OF THE GOODS AND PAYMENT TERMS

IV.1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:

• in cash on delivery at the place specified by the Buyer in the order;
• cashless by wire transfer to the Seller's account No. 19-1872930277/0100, maintained at Komerční banka, a.s. ("Seller's account").

IV.2. Along with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

IV.3. The Seller is entitled to issue an advance invoice to the Buyer. In such case, the Buyer takes into account that performance will be provided only after the advance payment has been paid in full to the Seller by one of the methods listed in IV.1 above.

IV.4. In the case of cash on delivery (COD), the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 10 days of the issuance of the relevant invoice.

IV.5. In case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with specifying the variable payment symbol. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.

IV.6. The Seller is entitled, in particular in the event that the Buyer fails to confirm the order additionally (Article III.6), to demand payment of the full purchase price even before the goods are dispatched/sent to the Buyer. The provision of § 2119 (1) of the Civil Code shall not apply.

IV.7. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other.

IV.8. The Seller shall issue a tax document - an invoice to the Buyer in respect of payments made under the Purchase Contract. The Seller is a payer of value added tax (VAT). The Seller shall issue the tax document - invoice to the Buyer after the goods have been dispatched/sent to the address given by the Buyer and shall send it in electronic form to the Buyer's electronic address.

V. DEED OF DONATION (GIFT)

V.1. If a donation (gift) is provided to the Buyer together with the goods, the Deed of Donation between the Seller and the Buyer is concluded with the resolutive condition that if the Purchase Contract is withdrawn, the Deed of Donation shall cease to be effective in respect of such donation (gift) and the Buyer shall be obliged to return the donation (gift) together with the goods to the Seller.

VI. TRANSPORT AND DELIVERY OF THE GOODS

VI.1. In the event that the method of transport is agreed upon at the specific request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

VI.2. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery.

VI.3. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

VI.4. Upon receipt of the goods from the transporter (shipper/carrier), the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the transporter (shipper/carrier). In the event of a breach of packaging indicating unauthorized intrusion into the shipment, the Buyer may not accept the shipment from the carrier. This is without prejudice to the Buyer's rights under liability for defects in the goods and other rights of the Buyer resulting from generally binding legal regulations.

VI.5. Other rights and obligations of the parties during the transportation of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

VII.1. The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the applicable generally binding legal provisions (in particular, by the provisions of §§ 1914 to 1925, §§ 2099 to 2117 and §§ 2161 to 2174 of the Civil Code).

VII.2. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took over the goods:

• the goods have the properties agreed between the parties and, in the absence of agreement, have the properties described by the Seller or manufacturer, or expected by the Buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
• the goods are suitable for the purpose that the Seller states for their use or for which the goods of that kind are usually used,
• the goods correspond in quality or workmanship to the agreed sample or specimen (model), if the quality or workmanship was determined according to the agreed sample or specimen (model),
• the goods are in the appropriate quantity, measure or weight; and
• the goods comply with the requirements of the legal regulations (legislation).

VII.3. The Seller shall have obligations from defective performance at least to the extent that the manufacturer's obligations from defective performance last.

VII.4. If the period of time for which the goods may be used is indicated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on the guarantee of quality shall apply. By guaranteeing the quality, the Seller undertakes that the goods will be suitable for their usual purpose or retain their usual properties for a certain period of time.

VII.5. The Buyer may specifically exercise the rights of liability for defects in the goods, in particular in person at the Seller's registered office or by e-mail at lisovna@zebr.cz.

VII.6. The Buyer is obliged to complain about the defect without undue delay after discovering that the delivered goods are defective.

VII.7. The parties agree that the primary method of removing the defect is to repair the item and if repair is not possible, then a new item without defects will be delivered. The contract may only be withdrawn on the grounds of defects in the cases provided for by the Civil Code.

VII.8. The Seller undertakes to assess and settle the complaint within a reasonable period of time, but no later than 60 days from the date of receipt of the complaint and receipt of all the necessary documents to settle the complaint, and if the complaint is justified, to ensure the removal of the defect within the same period of time. The Buyer will be informed about the handling (settlement) of the complaint via contact e-mail.

VII.9. After settling the complaint, the Seller shall issue the Customer with a written confirmation of the date and method of settling the complaint, or the reasons for rejecting the complaint.

VII.10. In the event that the complaint is resolved by replacing the goods, a new time limit for exercising the rights arising from the defective performance shall not run, but the original time limit shall continue to run.

VII.11. The warranty does not cover the following cases:

• defect is caused by the customer
• defect caused by improper use, storage, maintenance
• defect caused by mechanical damage
• defect was caused by unprofessional handling, service or neglect of the care of the goods
• defect caused by unqualified intervention
• damage has occurred due to force majeure

VII.12. The Seller's liability for defects does not apply to wear and tear caused by normal use, in the case of goods sold at a lower price for the defect for which the lower price was agreed.

VII.13. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.

VIII. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

VIII.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.

VIII.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of the provision of § 1826(1)(e) of the Civil Code.

VIII.3. The Buyer hereby assumes the risk of change of circumstances within the meaning of § 1765(2) of the Civil Code.

IX. PROTECTION OF PERSONAL DATA

IX.1. The Seller shall fulfil its information obligation towards the Buyer within the meaning of Article 13 of Regulation 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 the "GDPR") relating to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations of the Purchase Contract and for the purposes of the performance of the Seller's public law obligations, by means of a special document.

X. STORAGE OF COOKIES

X.1. The Buyer agrees to the storage of cookies on its computer. In the event that the purchase on the website can be made and the Seller's obligations under the purchase contract can be fulfilled without storing cookies on the Buyer's computer, the Buyer may withdraw the consent according to the previous sentence at any time.

XI. FINAL PROVISIONS

XI.1. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law.

XI.2. If any provision of the Business Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

XI.3. The Purchase Contract, including the Business Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

XI.4. The sample form for withdrawal from the Purchase Contract is attached to the Business Terms and Conditions.

In Milovice on 1st January 2025