Terms and Conditions

BPS Mobil, s.r.o.

Terms and Conditions for the Performance of Urgent: SERVICE, MAINTENANCE AND REPAIRS by the company:

BPS Mobil, s.r.o., with registered office at V Hlinkách 11A, 779 00 Olomouc, Company ID: 258 68 241, VAT ID: CZ25868241, a company registered in the Commercial Register maintained by: the Regional Court in Ostrava, Section C, Insert 23239, with registered office BPS Mobil s.r.o., V Hlinkách 11A, 77900 Olomouc, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 23239.

Address of business premises:

BPS Mobil s.r.o., V Hlinkách 11A, 779 00 Olomouc.

BPS Mobil s.r.o., Přerovská 666/54a, 779 00 Olomouc

BPS Mobil s.r.o., náměstí Biskupa Bruna 3387/3, 702 00, Ostrava - Moravská Ostrava

BPS Mobil s.r.o., Holandská 878/2, 639 00, Brno – Štýřice

Address for electronic mail delivery: info@bpsmobil.cz

I. Introductory Provisions

I.1. These terms and conditions for the performance of urgent services, i.e. service, maintenance, and repairs (hereinafter the "Terms and Conditions") of the business company (trade name) BPS Mobil, s.r.o. (hereinafter the "Contractor") govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a work contract – performance of repair/maintenance/service of goods (hereinafter the "Work Contract") between the Contractor and the customer (hereinafter the "Customer") based on the Customer's order, or request.

Urgent repair/maintenance/service of goods is always carried out at the Contractor's premises based on the Customer's order (request), which may be made electronically via the website https://bpsmobil.cz or via email communication, or in person at the Contractor's premises. I.2. The Contractor is an entrepreneur within the meaning of Section 420 of the Civil Code.

I.3. The Customer is a consumer or an entrepreneur (legal entity or natural person).

I.4. Within the meaning of Section 419 of the Civil Code, a consumer is every person who, outside the scope of their business activity or independent exercise of their profession, enters into a contract with an entrepreneur or otherwise deals with them.

I.5. An entrepreneur is a person who independently carries out, on their own account and responsibility, a gainful activity by trade or similar means, with the intention of doing so systematically for the purpose of making a profit, as well as a person who acts on behalf of and for the account of an entrepreneur. An entrepreneur purchases products/services for the purpose of their business pursuant to Section 420 of the Civil Code.

I.6. The rights and obligations arising from these terms belong to the Customer (both as consumer and as entrepreneur), unless stated otherwise in these terms, or unless it follows from applicable law that certain rights belong only to the Customer as a consumer.

Where the contracting party is a Customer acting as an entrepreneur, Act No. 634/1992 Coll. on Consumer Protection, as amended, does not apply. The following provisions of the Civil Code likewise do not apply to contractual relationships between the seller and a Customer acting as an entrepreneur: provisions on the sale of goods to a consumer, provisions on contracts concluded at a distance and away from business premises; unless otherwise agreed, a Customer acting as an entrepreneur is not entitled to reimbursement of reasonably incurred complaint-related costs (Section 1924 of the Civil Code is excluded). Those provisions of the terms and conditions that are based on the above statutory provisions do not apply to the Customer as an entrepreneur.

I.7. For the purposes of these terms and conditions, "goods" means in particular tangible products (e.g. desktop PCs, laptops, phones, monitors, printers, other hardware, consumables and auxiliary materials, spare parts, etc.), as well as intangible products of electronic content/services (e.g. software services provided by electronic distribution, PC games, etc.), or other services (installation, servicing, etc.).

I.8. The Customer has the opportunity to review these terms and conditions on the Contractor's website or directly at its premises before ordering the requested service, and is notified of them in advance. By ordering the requested service, the Customer confirms that they have read these terms and conditions and agree with their content.

I.9. These terms and conditions set out the content of the contractual arrangements between the Contractor and the Customer and form an integral part of the Work Contract.

I.10. The Work Contract and the terms and conditions are drawn up in the Czech language. The Work Contract may be concluded only in the Czech language. I.11. These terms and conditions are valid in the wording published on the Contractor's website on the day the contract is concluded. The seller may change or supplement the wording of the terms and conditions – this does not affect rights and obligations that arose during the period of validity of the previous wording of the terms and conditions.

II. Work Contract – Urgent Repair/Maintenance/Service

II.1. The basis for concluding the Work Contract is the Customer's inquiry, made via the web interface or via email or other electronic communication, which is sent or delivered to the Contractor, or made in person at the Contractor's premises (hereinafter the "Order").

Based on the received Order, or additionally requested information, the Contractor will prepare a Price Quote, which may be directly part of the Goods Receipt, in which it prices the requested service or repair of the goods, communicates further business terms of the repair or service, and states the price and form of postage and packaging.

The Work Contract is concluded at the moment the Customer approves the sent Price Quote without reservations. If the Price Quote is part of the Goods Receipt when the service is ordered directly at the Contractor's premises, the contract is concluded upon handover of the goods to the Contractor.

A subsequent change to an already confirmed order is possible only by mutual agreement of the parties.

II.2. Before sending the order to the Contractor, the Customer is allowed to check and change the data they entered into the order. Data provided in the order is considered correct by the Contractor.

II.3. The Customer agrees to the use of means of distance communication when concluding the Work Contract. Costs incurred by the Customer when using means of distance communication in connection with the conclusion of the contract (costs of internet connection, costs of telephone calls) are borne by the Customer themselves. The Contractor does not charge the Customer any additional communication fees.

II.4. By approving the Price Quote or the Goods Receipt, the Customer confirms that they have read the terms and conditions, the content of which includes, among other things, all mandatory information and disclosures pursuant to Sections 1811 and 1820 of the Civil Code.

III. Price of Service and Payment Terms

III.1. The agreed price of the repair/maintenance/service is contractual.

III.2. The Customer may pay the Contractor the agreed price of the repair/maintenance/service and the costs associated with delivery (postage/packaging) of the goods under the Work Contract, in particular, by the following means:

in cash upon personal collection at the Contractor's premises

cash on delivery – the Customer pays the postal courier upon receipt of the goods

bank transfer – the Customer pays the price into the Contractor's account. In the case of a cashless payment, the Customer's obligation to pay the price is fulfilled at the moment the relevant amount is credited to the Contractor's account

or another form of payment as agreed by the contracting parties.

III.3. If customary in business practice, or if required by generally binding legal regulations, the seller shall issue the Customer a tax document – an invoice – for payments made under the Work Contract. The Contractor is a VAT payer.

IV. Transport and Delivery of Goods, Delivery Cost

IV.1. If the method of transport is agreed based on a special request of the Customer, the Customer bears the risk and any additional costs associated with this method of transport.

IV.2. If, under the contract, the Contractor is obliged to deliver the goods to a place specified in the order, the Customer is obliged to accept the goods upon delivery.

IV.3. If, for reasons on the Customer's part, it is necessary to deliver the goods repeatedly or by a different method than stated in the order, the Customer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with the other method of delivery.

IV.4. Upon receiving the goods from the carrier, the Customer is obliged to check the condition of the shipment (integrity of the packaging, etc.) and, in the event of any obvious defects, to notify the carrier of this immediately (state a reservation).

IV.5. The method of delivering the goods and the costs (fees) for delivering the goods within the territory of the Czech Republic depend on the carrier/personal collection chosen by the Customer and the method of payment when placing the order.

IV.6. If the goods are delivered to the delivery address stated in the order, the item is handed over (delivered) to the Customer (consumer) at the moment the carrier hands it over to them.

V. Notice to the Customer – Consumer Regarding the Impossibility of Withdrawing from the Contract

V.1. The Customer – consumer acknowledges that, pursuant to Section 1837 of the Civil Code, they cannot withdraw from a contract concluded pursuant to Section 1829(1) of the Civil Code, i.e. concluded at a distance or away from the Contractor's premises, concerning urgent repair or maintenance to be carried out at a place specified by the consumer at their explicit request.

VI. Liability for Defects

VI.1. The Contractor is liable to the Customer that the goods, when taken back from repair, do not have the defect for which they were being repaired. VI.2. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding regulations, in particular Sections 1914 to 1925 and Sections 2165 to 2619 of the Civil Code, and Act No. 634/1992 Coll. on Consumer Protection, as amended.

The Customer exercises rights arising from defective performance by pointing out the defect to the Contractor at which the defective repair was carried out (at the address of its premises, at its registered office/place of business).

A complaint is made at the moment the Customer points out the discovered defect to the Contractor (in person, in writing, by email, etc.), and the Customer is obliged to point out this defect without undue delay after discovering it. If done in writing or electronically, the Customer must state their contact details, a description of the defect, and their requested method of resolving the complaint.

In the case of a complaint about a repair, the Customer is obliged to prove that the repair being complained about was carried out, by presenting a document or in another suitable way. The period for resolving the complaint runs from the day following the day the Customer filed the complaint. At the same time, when the complaint is filed, the Contractor will issue the Customer with written confirmation (a complaint report) stating when the Customer filed the complaint, a description of the defect found on the goods, the chosen right for resolving the complaint, and the Customer's contact details for the purpose of providing information.

The Contractor will inform the Customer of the resolution of the complaint, according to the Customer's request, by email message or SMS. The Contractor will issue the Customer with confirmation of the date and method of resolving the complaint, including confirmation that the repair was carried out and how long it took, or a written justification if the complaint is rejected.

VI.3. If the customer of the service/maintenance/repair is a consumer, the period for exercising the right arising from defective performance is shortened, in accordance with Section 2168 of the Civil Code, to 12 months.

VI.4. Rights Arising from Defective Performance in Connection with Servicing or Repair – Customer as Consumer

If a defect appears within one year of receipt, it is presumed that the goods were already defective at the time of receipt, unless this is precluded by the nature of the goods or the defect. This period does not run during the time the Customer is unable to use the goods, provided the defect was legitimately pointed out.

VI.4.1. If the defective performance constitutes a material breach of contract, the Customer is entitled, at their choice, to claim free removal of the defect by repair.

The Customer may request a reasonable discount or withdraw from the contract if:

1. the Contractor refused to remove the defect or did not remove it,
2. the defect appears repeatedly,
3. the defect constitutes a material breach of contract, or
4. it is evident from the Contractor's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulty for the Customer.

If the Customer does not choose their right arising from a material breach of contract in time, they have the same rights as in the case of a non-material breach of contract.

VI.4.2. For a defect that constitutes a non-material breach of contract, the Customer is entitled to have the defect removed or to a reasonable discount from the purchase price (see further Section 2107 et seq. of the Civil Code)

VI.4.3. The Customer is obliged to resolve the complaint, including removing the defect, no later than 30 days from the date the complaint was filed, unless the parties agree in writing on a longer period. After this period expires, the Customer may withdraw from the contract or request a reasonable discount.

VI.4.4. In the case of a justified complaint, the Customer is entitled to reimbursement of the necessary costs incurred in connection with exercising rights arising from liability for defects.

VI.4.5. The Customer is not entitled to rights arising from defective performance if the Customer caused the defect in the goods themselves (e.g. by improper handling of the goods). Wear and tear of the goods caused by their normal use, or, in the case of used goods, wear corresponding to the extent of their prior use, does not constitute a defect in the goods.

VI.5. Rights Arising from Defective Performance in Connection with Servicing or Repair – Customer as Entrepreneur The rights arising from liability for defects are the same as above in Articles VI.4.1 and VI.4.2.

The period for exercising the right arising from liability for defects is 3 days from the date of receipt of the goods for obvious defects; for hidden defects, within 15 days of their discovery, or from the moment they should have been discovered with due care, but no later than 2 years from receipt of the goods;

The Customer is obliged to prove the existence of defects (defectiveness of the repair after it was carried out) as of the date of receipt of the goods.

The complaint will be resolved within the period set by the relevant service center, no later than 40 days from the date it was filed.

1. Other Rights and Obligations, Notices to the Contracting Parties VII.1. The Contractor is entitled to refuse to carry out a repair on grounds of liability for defects in the case of: mechanical damage to the goods, exposure to electrical surge (visibly burnt components or circuit boards), if the device was connected to a supply voltage other than the prescribed one, use of the goods in conditions that do not correspond, in terms of temperature, dust, humidity, chemical, and mechanical environmental influences, to those specified directly by the seller or manufacturer, unprofessional installation, handling, operation, or neglect of care for the goods, if the item under warranty repair was used contrary to the operating instructions, if the defect appears only in software for which the Customer is unable to demonstrate a legal means of acquisition, or through the use of unauthorized software and consumables, the goods were damaged by excessive load or use contrary to the conditions stated in the documentation or general principles, by an unqualified intervention or change of parameters, goods that were modified by the Customer, if the defect arose as a result of this modification, in the case of an incorrectly performed firmware upgrade, the goods were damaged by natural disasters or force majeure, the defect was caused in connection with non-standard accessories. A repair on grounds of liability for defects cannot be claimed if a modification or adaptation is required to expand the functions of the device beyond the purchased version, or to enable its operation in a country other than that for which it was designed, manufactured, and approved, provided that a repair/modification/service was previously carried out in connection with this setting at the Customer's request.
2. Accessories: When repairing/servicing accessories, it is always necessary to send the Contractor the device with which the accessory was supplied as well. Any accessories sent separately will be returned immediately without repair. VII.4. User data: The Contractor is not responsible for data stored on the device, and this data may be deleted during the repair. Before sending a product for repair or service, the Customer is obliged to make sure they have their user data backed up.
3. Protective glass and films: Protective glass and films are not a standard part of the device; they are optional accessories, and if it is necessary to verify the condition of the device, disassemble the device due to its technical design, replace the touch panel, or perform a unit swap, the service center does not replace the protective glass or film, as it is intended for single use. By sending the device to the service center, the Customer agrees to its possible damage/destruction.
4. Cases, protective covers, etc. are not sent by the Customer for repair. The Contractor cannot be held responsible for accessories that were not part of the device's original retail package.
5. The Customer is obliged to collect or take receipt of the repaired goods no later than one month from the completion of the repair. The Customer will receive notice of the completion of the repair in writing (email or SMS) or by telephone. If the Customer does not collect or take receipt of the goods within the stated period, they are obliged to pay a storage fee of CZK 50 excluding VAT + VAT at the statutory rate for each week or part thereof following expiry of the period for collecting the repaired goods. If the Customer does not collect the repaired goods even within 6 months of the completion of the repair, the Contractor has the right to sell the goods and use the proceeds of the sale to cover the cost of the repair, the storage fee, and other costs.

VIII. Protection of Personal Data

VII.1. The Contractor processes the Customer's personal data for the purpose of exercising rights and obligations arising from the concluded purchase contract.

VIII.2. The Contractor declares that, in accordance with 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 (hereinafter the "GDPR Regulation"), it (i) has adopted measures for the purpose of protecting personal data, (ii) manages security risks so as to prevent personal data from being compromised, and (iii) ensures the exercise of the rights of personal data subjects (i.e. including the buyer) in accordance with the GDPR Regulation and other generally binding legal regulations. Supervision over the protection of personal data is carried out by the Office for Personal Data Protection (www.uoou.cz)

VIII.3. More detailed information on the purpose, scope, method, and duration of the Contractor's processing of personal data is contained in the GDPR Information, or Information on the Processing of Personal Data (hereinafter also the "Information"), which is made available by the Contractor when personal data is provided on the Contractor's website. The Customer undertakes to review the content of this Information.

1. Delivery IX.1. Unless otherwise agreed, all correspondence related to the contract must be delivered to the other contracting party in writing, by email, in person, or by registered mail via a postal service provider (as chosen by the sender). Delivery to the Customer is made to the email address stated in the order. In the case of delivery by email, at the moment it is received on the incoming mail server; the integrity of messages sent by email may be ensured by a certificate,
2. in the case of delivery in person or via a postal service provider, upon receipt of the shipment by the addressee,
3. in the case of delivery in person or via a postal service provider, also upon refusal to accept the shipment, if the addressee (or a person authorized to receive the shipment on their behalf) refuses to accept it,
4. in the case of delivery via a postal service provider, upon expiry of a 10-day period from the storage of the shipment and notification to the addressee to collect the stored shipment, if the shipment is stored with the postal service provider, even if the addressee did not learn of the storage.

IX.2. A message is delivered:

X. Final Provisions

X.1. If a relationship related to the use of the website or a legal relationship established by the Work Contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.

X.2. The Contractor is authorized to repair goods on the basis of a trade license, and the Contractor's activity is not subject to any other authorization. Trade inspection is carried out within its jurisdiction by the relevant trade licensing office. Supervision over the Contractor is carried out by the Czech Trade Inspection Authority as a state administrative body subordinate to the Ministry of Industry and Trade of the Czech Republic. More information at: https://www.coi.cz/

X.3. Disputes arising between the Contractor and the Customer are resolved by the relevant general courts pursuant to the Act on Civil Procedure. The Contractor will primarily seek an out-of-court resolution of disputes with the Customer. The Contractor informs the Customer – consumer that the body responsible for out-of-court resolution in the case of consumer disputes arising from work contracts, or the body for handling complaints, is the Czech Trade Inspection Authority, Company ID: 000 20 869, with registered office at Štěpánská 44, 110 00 Prague 1, established by Act No. 64/1986 Coll. on the Czech Trade Inspection Authority, website: https://www.coi.cz/ which the Customer may contact via the electronic filing office on the Czech Trade Inspection Authority's website. More detailed information on out-of-court dispute resolution is available at https://www.coi.cz/informace-o-adr/. Online dispute resolution

between the seller and the buyer is also possible via the designated ODR platform – see website http://ec.europa.eu/consumers/odr.

X.4. If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to that of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. X.5. Other relationships/matters not stated/addressed in these terms and conditions are governed in particular by Act No. 89/2012 Coll., the Civil Code, as amended, and by Act No. 634/1992 Coll. on Consumer Protection, as amended (where the contracting party is a consumer).

X.6. These terms and conditions take effect on 1 January 2026.