GENERAL BUSINESS CONDITIONS

FOR LEASE OF GOODS

_________________FOR PERSONS THAT ARE NOT CONSUMERS_________________

 

1. GENERAL PROVISIONS

 

1.1      These General Contracting Terms and Conditions for the Lease of Goods (hereinafter referred to as "GBC") govern the relations between the Contracting Parties, where, on the one hand, is the company TURBADO.EU LTD, registered office, Level 5, Valley Road 115 A Birkirkara BKR 9024 Malta, in matters relating to TURBADO.EU LTD, organizational unit of the company, with its registered office at Moyzesova 4/A 902 01 Pezinok, Slovak Republic, identification number: 52027872, registered in the Business Register of the District Court Bratislava I, Section: Po, Insert No: 5350/B as the Lessor (hereinafter referred to as the "Lessor") and, on the other hand, you as a person of Lessee who is the order party of the Service and the Consumer hereinafter referred to as the ("Lessee").

1.2      Legal relationship arising from these GBC and related legal acts is a lease relationship based on which the Lessee leases from the Lessor the goods exactly specified in the Order (hereinafter referred to as the "Contract").

1.3      Third party can act in the name and on behalf of the Lessor in the matters relating to the conclusion of the Contract and fulfilment of the obligations resulting from the Contract, unless there are the rights and obligations which the Lessor must perform directly (hereinafter referred to as the "Sales Representative").

1.4      By submitting an Order (by ticking the box before sending an Order), the Lessee confirms and agrees with these GBC, the conditions of the ordered Service and/or the provided licence authorization and that it agrees to them. A copy of the GBC will be received by the Lessee as an annex of the Order Confirmation to the specified e-mail address.

 

2. DEFINITION OF TERMS

 

2.1     Sales Representative is a person who, in the name and on the account of the Lessor or in his own name and on the account of the Lessor, operates the relevant Web, accepts Orders, closes Contracts, accepts payments from the Lessee and ensures the fulfilment of the Lessor's obligations under the Contract, in particular accepts and handle the defect complaints of the Subject of lease. Where it is provided in these GBC, if there is anything to be done directly in relation to the Lessee or a Person interested in Services, the Lessor is authorized to do so directly, but the Sales Representative is authorized to do so on the account of the Lessor. Likewise, the obligations and rights that the Lessee/ Party interested in Service exercises and applies towards the Lessor, can do so against the Sales Representative. However, the Sales Representative has no rights and obligations directly under the Contract against the Lessee or any other third party, as exclusively the Lessor has these rights and obligations. The Sales Representative may also be designated as a Service Agent in relation to the provision of Services on individual documents related to the Contract while it is the same person as the Sales Representative.

2.2      The Lessor and the Lessee are the Contracting Parties.

2.3      Person interested in services is a person who is interested in the Services, namely by ordering them through the conclusion of the Distance Contract through Web or other marketing portals intended for conclusion of a distance contract. It becomes a contracting party - the Lessee after the conclusion of the Contract.

2.4      Contract is a contract resulting from the confirmation of the Lessee's Order and its acceptance by the Lessor and the content of which is the lease of the relevant goods or movable thing or other tangible or intangible property value, and based on which on the part of the Lessor arise obligations to hand over to the Lessee the subject of lease, to ensure other obligations under the Contract and these GBC and the Lessee has obligation to accept the Subject of lease, to take care of it and handle it in accordance with the Contract and these GBC and to pay the price and comply with other obligations under the Contract and these GBC. By making the Contract, the Lessor transfer to the Lessee the right to use the Subject of lease during the agreed period.

2.5      Order is an electronic form for ordering the Services by the Lessee from the Lessor through the Web or any other expression of the Lessee's will to conclude with the Lessor the Contract with the content as mentioned above, for example by telephone, email or other remote communication. By Order, the Lessee undertakes to perform properly his obligations under the Contract, is aware of what the content of the Contract is and what legal relationship between the Lessor and the Lessee arises and that it is obliged to pay the Price and to deposit. By sending the Order and ticking the relevant box within the Order, the Lessee at the same time confirms that he has become familiar with the contents of these GBC, read them, understood them and undertakes to comply with them.

2.6      Service is a service provided by the Lessor to the Lessee under the Contract and the content of which is leasing the Subject of lease and, if necessary, additional supplementary, superior and premium services if the Lessee has ordered and paid the Price for them in a timely and proper manner.

2.7      Subject of lease is the goods, movable things or other tangible or intangible property values that are identifiable and capable of being the Subject of lease so that there is no doubt as for their nature and determination. The Subject of lease in relation to a Contract is always the Subject of lease as defined in the respective Lessee's Order and for which the Lessee has shown the interest on Website through the Order and its sending to the Lessor.

2.8      Sale in connection with the Contract always means the sale of the Service, whether this term is used as for the Lessee in any meaning and context and by any means of communication.

2.9      Purchase in respect of the Contract always mean the purchase of the Service, whether the term is used as for the Lessee in any meaning and context and by any means of communication.

2.10    Goods are always understood as the thing that is the Subject of lease and is leased to the Lessee under the Contract, therefore it is a thing that represents the Subject of lease. Goods may be also in connection with the Contract designated as Product, but it always refers to the Subject of lease.

2.11   Quantity of the Goods means quantity, volume, the number of leased goods or the number of Subject of lease that the Lessee has ordered and form the Subject of lease.

2.12   Date referred to in the documents issued in connection with the Contract is the date from which the Contract begins to lapse when the Lessee takes over the Subject of lease, i.e. it is a different date than the date of the Order.

2.13   Price is the amount of the rent that the Lessee is required to pay to the Lessor under the Contract in accordance with the terms and conditions referred to in the Contract and these GBC. The price is also a financial payment for all Services that the Lessee uses and the Lessor provides to him. The price for lease of the Subject of lease is in the amount of EUR 0.01 per year (unless specifically agreed otherwise) for the duration of the Contract, and it is issued an invoice for the Price of lease by the Lessor delivered to the Lessee in the manner agreed upon in these GBC. Price always means also a deposit, i.e. the first payment by the Lessee, respectively Services Customer to the Lessor.

2.14   Deposit is the amount that the Lessee is obliged to pay in favour of the Lessor upon the creation of the Contract and which fulfils exclusively the safeguard function for emergency events which can but also may not occur in the future during the duration of the Contract (e.g. damage, loss or other devaluation of the Subject of lease). Deposit is the amount that has recoverable nature if the conditions under the Contract and these GBC are met. The deposit is received either directly by the Lessor or in the name and on behalf of the Lessor, by the Sales Representative or a third party or the Sales Representative of the Lessor or a third party in his own name and at the account of the Lessor. The amount of the deposit is determined by the Lessor or the Sales Representative or the third party authorized by the Lessor, and its provisional amount is given in the Catalogue of Goods and the final amount is given in the Order Confirmation. The Lessor shall provide the Lessee with a written confirmation on receipt of the deposit, which can also be named as an invoice. On individual documents relating to the Contract, the deposit may also be referred to as deposit, while there is a different denomination of the same term and with the same content and legal significance as the content and legal meaning of the term deposit.

2.15    The total amount in respect of the documents issued to the Lessee means the sum of the deposit.

2.16    Delivery address is the place of taking and handing over the Subject of lease to the Lessee for using under the Contract, which the Lessee specified in the Order.

2.17    Taking over the Goods means the moment of taking and handing over the Subject of lease to the Lessee under the Contract.

2.18    Guaranty means guaranty period, during which the Lessor is responsible for defects of the Subject of lease under the conditions specified in these GBC.

2.19    Invoice means any document, which in this case may not be a tax document, but it may also be a confirmation on depositing a deposit or other corresponding amount in connection with provision of Services.

2.20    Lessee's registration is the Lessee's activity, based on which the Lessee creates an own account on the Web that allows him to have regular access to all information relating to the Contract and allows him to communicate in the matters of the Contract and other Orders with the Lessor via his account. The Lessee's registration is voluntary. The Lessee´s account also includes a box of documents where the Lessor delivers to the Lessee various announcements and other information and documents under these GBC.

2.21    Guaranty terms and conditions are the conditions that define the mutual rights and obligations of the Lessor and the Lessee and relate to exercise of mutual responsibility for the qualitative properties of the Subject of lease from the moment of the Contract's creation to its termination, namely in particular as for the defects that may occur in the Subject of lease during the duration of the Contract. Guaranty terms and conditions define precise rules relating to in particular liability for defects of the Subject of Lease that occur on the Subject of lease after the creation of the Contract and the manner in which these defects are removed and on what costs.

2.22    Website is a website, platform or other electronic solution through which the Catalogue of Leases, the Service Ordering and the conclusion of the Contract is published, or other rights and obligations are fulfilled for the duration of the Contract. Web is any solution under the previous sentence, regardless of who operates the Web, that is, whether directly the Lessor or Sales Representative or a third party on his behalf and at his account or the Sales Representative or a third party in his own name and at the Lessor´s account.

2.23    Catalogue of Goods is an offer of goods and other Subjects of lease with details of their technical and other parameters and data contained in the Service and are intended for the persons interested in Service and for these Subjects of lease through the Service.

2.24    Electronic communication is communication between the Lessor or the Sales Representative or a third party entrusted by the Lessor who always act on behalf of the Lessor and a person interested in the Services and who is interested in becoming the Lessee under the Contract. Electronic communication takes place exclusively through electronic delivery of documents, information or notifications to the Lessee's contact email address or to the Lessee's account created by the Lessee's Registration. Hereby the condition of paper form is met and both parties agree to it. The nature of the written notice has also filling in and submitting the form on the Web. Exceptionally, communication between the Parties is also in the form of paper delivered to the contact address for the written contact of the other party, if it is required by the relevant legal regulation. The Lessee is obliged to create either his account by registration of the Lessee or enter a contact email address when making the Contract and sending the Order.

2.25    Supervisory Authority is an entity that controls the Lessor's business in connection with the provision of Services and is specified in the relevant provisions of the European legislation and the national regulations on control in the internal market and is exclusively the authority on the territory of the Slovak Republic under jurisdiction of which the Lessor falls and it is the following authority: Slovak Trade Inspection (SOI), SOI Inspectorate for Bratislava region, Bajkalska 21/A, P.O.Box 5, 820 07 Bratislava, tel. No. +421258272172

 

3. METHOD OF CONTRACT MAKING

 

3.1      The Contract is made by acceptance of the binding proposal for conclusion of the Service Contract by the Lessor in the form of email message sent to the person interested in Service at his/her email address indicated in the Order and/or in the form of a completed and sent form on the Website and/or in the form of telephone order of a person interested in Service addressed to the Lessor or the persons acting on his behalf and at his expenses (hereinafter referred to as the "Order") unless otherwise specified in these GBC. The order must contain all required data as follows from the Order form, which is the Website content. A person interested in Service is solely responsible for the accuracy and completeness of the data.

3.2      Before sending an Order, person interested in Service is obliged to become acquainted with these GBC, read them, and tick the relevant box to express the approval for these GBC. At the same time a person interested in Service may also mark a box for sending news about the Lessor's Services as well as a consent to sending marketing information to the Lessor, Sales Representative, and third parties. Person interested in Service/ Lessee may revoke his consent under the preceding sentence at any time by request sent to the Website provider´s email address.

3.3      Binding acceptance of the Order means an email confirmation by the Lessor to the person interested in Services of accepting his Order (hereinafter referred to as the "Order Confirmation").

3.4      In the event that there is a change of certain properties of the Service or placed Order by the person interested in Service after sending the Order, the Lessor will ask the person interested in Service via e-mail communication for consent to the changed Order prior to the Order Confirmation. Upon granting a consent of the person interested in Service to the modified Order and subsequent Confirmation (acceptance) of the Order by the Lessor, the contracting relationship is deemed to be closed. Automatically carried out notice of receipt of the Order to the Lessor's electronic system that the person interested in Service receives at its email address immediately after sending the Order from the Lessor is not yet considered binding Order Confirmation; this notice has only informative character in order to notify the person interested in Service of receiving the Order. Any additional information regarding his Orders will be sent to e-mail address of the person interested in Service if necessary.

3.5      In the event that the person interested in Services orders the Services contrary to these GBC or the terms of the relevant action, the Lessor is entitled to cancel the Order of the person interested in Services. A person interested in the Services is not automatically entitled to provision of Services and conclusion of the Contract and the Lessor may refuse to conclude the Contract if this is well grounded on the part of the Lessor. The person interested in Services will be informed by email on cancellation or refusing the Order and, in the case of payment of the Price and/or the Deposit or parts thereof, the funds will be refunded within 14 days to the account specified by him, unless otherwise agreed with the Lessor.

3.6      The Contract arises by Confirmation of the Order, handing over the Subject of lease and paying the deposit by the person interested in Services / Lessee to the Lessor.

3.7      The Contract made may be amended only upon written agreement of the Contracting Parties, unless expressly stated otherwise in these GBC, or unless the Contracting Parties expressly agree otherwise, when the Order may also be changed by telephone or by email.

3.8      The Lessee has an option to check and, if necessary, modify the Order before its sending. These GBC are available on individual Websites and thereby it is possible to archive and reproduce them by the person interested in Services/Lessee. If the person interested in Services /Lessee orders the Services, then it agrees to be provided to him prior to the expiration of the statutory withdrawal period.

3.9      As a part of the Order submitting process, the person interested in Services may choose to make a Lessee Registration in the Lessor's System that facilitates further Orders of the person interested in Services as well as communication between the Lessor and the Lessee during duration of the Contract. By making the Lessee Registration, the person interested in Services / the Lessee expressly accepts that any communication between the Lessor and the Lessee during duration of the Contract is made via an account or document boxes that represents a part of the Lessee's account in the Lessee Registration system. Delivery of different notifications, papers and documents may be delivered by delivering to the Documents Box at the end of the Lessee with which the Lessee expressly agrees and is aware that this account also serves for the purpose of delivering documents and notifications. The Lessee can activate the-so-called received messages in a document box that will send information about receiving a message in the document box or storing a document or notice in the mailbox at the email address of the Lessee. The Lessee notes that the documents in the document box are kept for a maximum of 90 days and will be automatically deleted after that time. The lessee is required to archive the documents on his / her own data store, otherwise he / she will not be able to return these documents after 90 days and become familiar with their content.

 

4. RIGHTS AND OBLIGATIONS OF LESSOR

 

4.1      The Lessor is the exclusive owner of the Subject of lease.

4.2      The Lessor is entitled to payment of the Price for Services and deposit, namely in the amount resulting from the Contract.

4.3      The Lessor is obliged to hand over the Subject of lease in a condition suitable for use as it results from its nature and to maintain it in such condition for the duration of the Contract, unless otherwise specified in these GBC.

4.4      The Lessor allows the Lessee undisturbed use of the Subject of lease without restrictions, except for the usage rules specified in the Contract and these GBC.

4.5      The Lessor is required to make repairs to the Subject of Lease, which is not required to be performed by the Lessee, and which are necessary to maintain the Subject of Lease in a condition capable of the agreed use.

4.6      The Lessor undertakes to provide the Lessee with all supporting documents, documents and information necessary for proper use of the Subject of Lease and fulfilment of the Lessee's obligations under the Contract and the relevant legal regulations.

4.7      The Lessor reserves the right, if necessary, to interfere with the content of the Website, including changing the Catalogue of Goods and individual Services, as well as these GBC, without prior consent or notice to the Lessee.

4.8      The Lessor is entitled to restrict, interrupt or discontinue the provision of the Services for operational reasons on the part of the Lessor, including blocking access to the Services, e.g. as a consequence of necessary maintenance, repair, maintenance of the content of the Website, misuse of the Services or serious breach of obligations under the Contract, these GBC or legal obligations on the part of the third party, the Lessee or the person interested in Services, namely even without the prior consent and notice to the Lessee / person interested in Service.

4.9      The Lessor is entitled to cancel any Order due to unavailability of the Subject of lease, or if the Lessor is unable to provide the Subject of lease to the Lessee or provide the Lessee with Services, namely including the impossibility to hand over the Subject of lease in time and at price conditions supposed by the offer in the Catalogue of Goods. Person interested in Services shall be informed of cancellation of the Order by telephone or email without undue delay.

 

5. RIGHTS AND OBLIGATIONS OF THE LESSEE

 

5.1      The Lessee is required to acquaint himself in detail with these GBC, the rules of using the Subject of lease, the procedures for ordering the Services and concluding the Contract before expressing an interest in Services.

5.2      The Lessee is fully responsible for the content of the data provided within the Order, which must be true and complete.

5.3      The Lessee is obliged to notify the Lessor without undue delay of any change of his data he has stated in the Order, the change of e-mail address, otherwise he assumes full responsibility and the risks for non-delivery of notifications and documents by the Lessor. If the Lessee fails to notify the Lessor of change of the data or states incorrect or incomplete data when the Order is entered, the original data provided by the person interested in Service / Lessee are binding for the Lessor.

5.4      The Lessee is obliged to back up all information and documents contained in his Lessee Registration, his account and the entire contracting relationship (invoices, orders, order confirmations, personal data, etc.).

5.5      The Lessee agrees that the Lessor will send him all information on the contracting relationship to his email address given in the Order, respectively to his account on the Website, if it was created by the Lessee.

5.6      The Lessee is obliged to properly accept the handed over Subject of lease and confirm its receipt.

5.7      The Lessee is obliged to pay the Price for Services and the deposit.

5.8      The Lessee is entitled to use the Subject of lease in the manner for which the Subject of lease is intended by its nature during the term of the Contract. The Lessee may not use the Subject of lease for purposes that are inconsistent with its technical determination or for the purpose for which the Subject of lease was manufactured and intended by the manufacturer.

5.9      The Lessee is not entitled to sell the Subject of lease, to deposit, lease, lend to another person without the prior written consent of the Lessor. In the event that the Lessee provides the Subject of lease to a third party into use, he is responsible for such use as if the Subject of lease was used by himself and bears the full risk and responsibility for any defects that may occur in the Subject of lease.

5.10    The Lessee shall avoid the use of the Subject of lease in such a way as to cause serious damage, to expose the subject of lease to outside unreasonable conditions. The Lessee is required to take care of the Subject of lease so that no alienation, loss or damage occur. Insurance of the Subject of lease against lost, destruction, alienation and damage are fully the Lessee´s duty and at his expenses.

5.11    The Lessee is not authorized to interfere in any way with the Subject of lease in respect of the changes in the Subject of lease, its modifications and repairs. If any defects in the Subject of lease occur, the Lessee is obliged to inform the Lessor and/or the Sales Representative without undue delay and to indicate what defects occurred as for the Subject of lease and to allow to inspect the Subject of lease unless the Lessor and/or the Sales Representative explicitly specify a different procedure of detection and removal of defects, e.g. with reference to the procedure according to the Guaranty Order.

5.12    The Lessee is obliged to take care of the Subject of lease properly and to ensure the regular maintenance of the Subject of lease, all in accordance with the procedures of the manufacturer of the Subject of lease. The Lessee bears full responsibility for using the Subject of lease contrary to the recommendations and instructions of the manufacturer of the Subject of lease, or if the Subject of lease is used for another purpose than for which it is intended.

5.13    The Lessee is required to inform the Lessor about all matters regarding Subject of lease and the Services that may be essential to the use of the Subject of lease and the proper provision of the Services. In particular, the Lessee is always until 15 February of each calendar year of the duration of the Contract obliged to inform the Lessor about the technical condition of the Subject of lease according to the condition at the end of the previous calendar year, namely by filling in the online form located on the Web or by printing and delivering the completed form to the address of the Sales Representative.

5.14    The minimum duration of the Lessee's obligations under the Contract and these GBCs is the duration of the Contract as defined below in these GBC and the Contract.

 

6. DELIVERY CONDITIONS OF THE SUBJECT OF LEASE

 

6.1     The Lessor undertakes to deliver the Services properly and in a timely manner in accordance with the requirements stated by the person interested in Services in the Order.

6.2     The Lessor undertakes in the Contract to let to the Lessee the Subject of lease for temporary use for the usual purpose for which the Subject of lease is used, and in the condition capable for proper use and the Lessee agrees to pay to the Lessor the agreed Price and deposit.

6.3     The Lessee is entitled under the Contract to properly use the Subject of lease, namely appropriately as for the nature and intension of use of the Subject of lease.

6.4     The Lessor is obliged to comply with the Order for the person interested in Services and to hand over the Subject of lease to him within 30 days of the Order Confirmation; the person interested in Services accepts this delivery period without reservations.

6.5     The Lessor provides the following ways of transferring the Subject of lease:

- personal collection,

- shipping by means of a transport service,

- sending by courier,

- sending by post to the address or directly to the post office.

6.6     Person interested in Services / Lessee is required to take over the Subject of lease at the place specified in the Order Confirmation. If the person interested in Services / Lessee without prior written withdrawal from the Contract, does not take over the Subject of lease within five working days after the deadline specified in the Contract or in the Order Confirmation the Lessor has the right to claim a compensation for damage suffered in the amount of the actual costs for attempt of the failed delivery of the Order. Upon expiry of five business days from the date when the person interested in Services / Lessee was obliged to take over the Subject of lease, the Lessor is entitled to withdraw from the Contract and offer the Subject of lease to a third party.

6.7     Presentation of the Subject of lease at any Website operated by the Lessor or a third party is only for illustration. The display of colour shades is dependent, among other things, on the quality of the monitor used or other used equipment.

6.8      Place of Delivery of the Subject of lease is the place specified in the Order Confirmation by the Lessor, unless the contracting parties agree otherwise in the Contract.

6.9      If the Lessor transport the Subject of lease to the person interested in Services / Lessee to the place specified in the Contract, the person interested in Services / Lessee is required to take over the Subject of lease in person or ensure that the Subject of lease will be taken over by a person that he will authorize for the event of his absence to take over the Subject of lease specified in the Contract and to sign a protocol / certificate of delivery and receipt of the subject of lease. The third party authorized to take over the Subject of lease stated in the Contract is required to submit to the Lessor the original or a copy of the Contract and proof of payment of the Price and deposit written authorization. If it is necessary to repeat the handing over the Subject of lease because of absence of the person interested in Services / the Lessee at the place designated in the Contract, all costs thus incurred shall be borne by the person interested in Services / the Lessee, especially the repeated handing over the Subject of lease at their destination specified in the Contract.

6.10   The Lessee is obliged to check the consignment, i.e. the Subject of lease, as well as its packaging, immediately upon its delivery. If the Lessee finds that the Subject of lease or its packaging is mechanically damaged, he is obliged to notify the carrier and check the condition of the Subject of lease in his presence. In the event of finding a damage to the Subject of lease upon its receipt by the Lessee he is obliged immediately after handing over the Subject of lease to make a record of the extent and nature of the damage to the Subject of the lease (damage record), the accuracy of which is confirmed by the carrier. Based on a record made in this manner delivered to the Lessor, the Lessor may after the conclusion of the damage event with the carrier ensure the removal of defect of the Subject of lease, provide price discount and in case of unrecoverable defects of the Subject of lease deliver a new Subject of lease to the Lessee.

6.11    In case of consignment delivery by post carrier in case of detection of a broken or damaged packaging, it is recommended not to accept the delivery and to deal directly with the shipping company worker, or a worker at the counter of the post in place by a damage report. In case of receipt and discovery of damaged or damaged packaging, damage with loss of content we ask to report such event no later than 24 hrs. from receiving a delivery. A damaged product, a shipment packing and a proof of receipt of the shipment, a receipt - an invoice is required to write a registration. You can inform us about the registration and writing of the damage record at any branch or at the email referred to in point 1.3.

6.12   Claiming the defects due to mechanical damage of the Subject of lease, which was not obvious when the delivery was taken over, must be reported immediately after the delivery, but no later than within 24 hours of delivery of the goods. It is necessary to demonstrate that the mechanical damage was not possible to find even when the product and its packaging were thoroughly examined. Claims from later discovered defects of such damaged Subject of lease may be applied if it is proved that the Subject of lease has the claimed defects already at the time of receipt from the carrier. Before the first use, the Lessee shall study the terms of use of the Subject of lease from the manufacturer, including the instruction manual and then followed consistently this information.

6.13   The Lessee is entitled when taking over the Subject of lease (in-person or not in-person) to check the completeness of the package. In case of delivery by the courier and finding damage and/or incompleteness of the Subject of lease upon its receipt by the Lessee, courier is obliged to immediately write the damage report on the site about the incompleteness of the package. Later claims of this kind will be recognized only if the Lessee proves that the Subject of lease have already had the defects at the time of its receipt.

6.14    In case of taking over the Subject of Lease in person, it is necessary to present the identity document in person (identity card, passport).

6.15    The Lessee is entitled in case of non-delivery of the Subject of lease by the Lessor within the term specified in 6.5. of these GBC to withdraw from the Contract and the Lessor is obliged to refund to the Lessee the already paid part of the Price and the deposit.

6.16    Handing and taking over the Subject of lease is an important part for the creation of a Contract. However, also paying the deposit by the Lessee for the subject of lease is equally important for the creation of the Contract.

6.17    In the event of a major failure of the lessor's information system, the Lessor is not liable for the delayed delivery of the Subject of lease.

 

7. PRICE FOR LEASE, ADDITIONAL FEES, DEPOSIT AND PAYMENT CONDITIONS

 

7.1     The price of lease is determined upon termination of the lease depending on duration of the Contract and the value of the Subject of lease at the time of termination of the Contract (hereinafter referred to as the "Final Price of Lease").

7.2     For determination of the Price of lease it is agreed that this is determined as the difference of the recommended retail price of the Subject of lease at the time of conclusion of the Contract (hereinafter referred to as "RRP") and the Current price of the Subject of lease at the time of termination of the Contract (hereinafter referred as "CP"). The Price of lease thus determined refers to the entire duration of the Contract and is the Final Price of Lease (hereinafter referred to as " FPL").

FPL = RRP - CP

- RRP is predetermined in the process of creating the Order and is identified as the recommended retail price of the Subject of lease by the manufacturer of the Subject of lease at the time of conclusion of the Contract.

- CP is determined as the market price of the Subject of lease at which the Subject of lease would be sold in the given technical condition and taking into account the age of the Subject of lease at the time of termination of the Contract, while the price found through eBay.com Internet Trading Platform for the same or comparable Subject of lease is decisive for determination of this CP.

7.3     If the Contract lasts for more than 13 months, the Lessee is also obliged to pay the continuous Lease Price (hereinafter referred to as the "Continuous Lease Price" or "CLP"), unless otherwise is stated in the Price List of Services, it is agreed that CLP is € 0.01 for each year of lease.

7.4     Deposit corresponds to the value determined in relation to the relevant Subject of lease within the meaning of the Catalogue of Goods on Web.

7.5     The amount of the deposit and RRP is stated in the Order Confirmation. The amount for transport and handing over the Subject of lease depends on the chosen method of handing over the Subject of lease and its price is mentioned only within the shopping basket according to the choice of the person interested in Services. (prospective Services buyer)

7.6     The prices are final including VAT if VAT is applicable to the item.

7.7     The Final Lease Price as well as the Interim Lease Price are payable directly under the Contract, regardless of whether the Invoice is issued for them by the Lessor.

7.8     The average lease price is in the amount of € 0.01 per annum and is payable until 15 January of the calendar year following the year for which the Subject of lease is used. The date of taxable payment is the date 31 December of the calendar year. If the Contract arises during a calendar year, the Lease Price must be paid in full irrespective of the duration of the Contract in the given year. If the Contract expires in the course of the calendar year, the Lease Price for this year for using the Subject of lease shall be paid in full amount of the Lease Price upon termination of the Lease, but no later than 15 days from the date of termination of the Contract.

7.9     The Final Lease Price is payable within 30 days of the date of termination of the Contract. If the Final Lease Price is not paid by the Lessee within the specified period, the Lessor is entitled to set off the Final Lease Price against the paid deposit.

7.10    The Lessor is entitled to change the Service Pricelist, the structure and the amount of the Prices, as well as the Deposit, depending on the operating and business conditions of the Lessor.

7.11    The person interested in Services / the Lessee is obligated to pay to the Lessor the Price agreed upon in the Contract and/or the Service Pricelist applicable at the time of conclusion of the Contract, including delivery costs of the Subject of lease and at the same time is obliged to pay deposit for the Subject of lease.

7.12    Individual payments for Services may be made by cash on delivery at the place of handing over the Subject of lease (which may be subject to a separate charge under the Pricelist), by cash on delivery through a postal service provider (which may be subject to a special charge under the Pricelist) by debit / credit card through payment portals and gateways or by wire transfer to the Lessor's account specified in the Order Confirmation.

7.13    Pre-payment to account. If you opt for a classic bank transfer payment, we will automatically send you instructions on how to make your payment by email. Once a payment has been credited to our account, you will receive a payment receipt to the same email. In case of payment in advance to account, the delivery date may be affected by the payment date. It is necessary that the amount is credited to our account no later than five business days after the Order Confirmation, otherwise the Order is cancelled.

7.14    Payment by debit / credit card via internet. The Order is paid via internet using the debit / credit card through payment gateway after the transaction is complete. Once your payment is credited to our account, you will receive a confirmation of payment on the same email. This is done by our automated system.

7.15    The person interested in Services / the Lessee is obliged to pay deposit at the latest on the date of taking over the Subject of lease, unless otherwise specified in these GBC. If the person interested in Services / the Lessee pays the Price or the deposit by wire transfer, the day when the entire amount was credited to the Lessor's account is the day of payment.

7.16    If the person interested in Services / the Lessee fails to pay the Lessor the price for Services or fails to pay the deposit for the Subject of lease within the term stipulated in the Contract, the Lessor is entitled to withdraw from the Contract and request the return of the Subject of lease if it has already been handed over. This does not affect the Lessor's claims to reimburse the costs regarding Order's processing and to ensure the delivery of the Subject of lease.

7.17   Costs related to assembly and carrying the Subject of lease are not included in the Price of Services nor in the deposit and the Lessor is not obliged to provide these services to the person interested in Services / the Lessee.

7.18    In the event of non-payment of the Price of Services and/or the deposit within the period stated in the Contract, the Lessor is entitled to default interest at the amount resulting from the relevant legal regulations, but at least 5% per annum from the amount of the delayed payment.

7.19    In case of payments from abroad, the person interested in Services/the Lessee undertakes to pay all costs related to the foreign transfer order in such a way that the amount credited to the Lessor's bank account is the full amount resulting from the Contract.

7.20    In the event of a change in the paid Service, the Price and/or the deposit will be charged in the changed amount from the date of its Web publication.

7.21    For the renewal of the Order or Service that has been interrupted for the reasons on the part of the person interested in Services / the Lessee, the Lessor will charge the amount specified in the current Pricelist. Provision of Service will be renewed for the person interested in Services / the Lessee after crediting this amount to the Lessor's bank account.

7.22   The person interested in Services / the Lessee is obliged to pay the entire amount of the deposit to the Lessor in the way agreed upon in the Contract at the latest on taking over the Subject of lease and to keep it in full amount for the duration of the Contract. The Lessor is not obliged to return to the Lessee the deposit for the duration of the Contract.

7.23   Paid deposit serves to cover all the Lessor's financial claims arising from the Contract, with which the Lessee is in delay. In accordance with the purpose for which the deposit is intended, the Lessor is entitled to use it on the date on which the Lessee has been delayed in fulfilling the Lessor's claim or on the day on which the claim for performance was incurred and that the Lessor is entitled to claim under the Contract and these GBC. The combined Deposit will be primarily used by the Lessor to cover all future claims of the Lessor against the Lessee from the Contract, in particular for payment of the due and non-paid Prices for Services, the Final Lease Price, the Interim Lease Price, the Redemption Price of the Subject of lease, for damage caused to Subject of lease for which the Lessee is liable, for claims arising to the Lessor against the Lessee for non-performance of his obligations under the Contract and these GBC. The Lessor has the right to set off all his claims arising during the term of the Contract as well as upon its termination against the Lessee, namely by automatic operation without the Lessee's consent.

7.24   In the event that the amount of the deposit falls below its original amount for the duration of the Contract due to its use by the Lessor in accordance with the Contract and these GBC, the Lessee shall complete it upon the written request of the Lessor to the original amount, unless the Lessor specifies otherwise within 30 days of the date of delivery of the request. If the Lessee does not complete the deposit to the required amount, the Lessor has the right to withdraw from the Contract and to suspend the provision of the Services and terminate the Contract and calculate the Final Lease Price.

7.25   The deposit cannot be returned to the Lessee before all Lessor's claims are settled. The unused part of the deposit may be immediately used by the Lessee for a new Order for a new Subject of lease, namely to the entire amount of the unused deposit. If the Lessee does not use this right within 30 days of the date of termination of the Contract, or if he notifies the Lessor that he is not interested in using the deposit balance for a new order, this deposit balance will be converted into EUR or a respective currency in which the deposit was originally paid and after deducting the fees, taxes and costs related (up to a maximum of 25% of the deposit balance) the Lessor shall return the deposit to the Lessee within 60 days of the date of termination of the Contract, in the payment method as the deposit was deposited by the Lessee, unless the Lessee specifies in writing another way of returning the deposit.

7.26   The Lessor shall issue to the Lessee as for the paid deposit the receipt of the Deposit, which shall be sent to the Lessee electronically to email address given in the Order and/or delivered to the Lessee from the Document Box within the Lessee account at his Registration on the Website and/or send to the Lessee to the address given in his Order.

7.27   The Subject of lease may not be handed over to the person interested in Services unless the Price for Services is not paid and the Deposit for Subject of lease is not deposited properly and in good time. However, the Danger of Damage to the Subject of lease is passed to the person interested in Services / the Lessee at a time when he can dispose and handle the Subject of lease.

7.28   The Lessee undertakes to notify the Lessor in writing of any change concerning his accounting and tax information no later than 10 days after the date of such change. Otherwise, the Lessee is fully liable for any damage that the Lessor incurs due to his failure to comply with this obligation.

 

8. USING THE SUBJECT OF LEASE

 

8.1     The Lessee is authorized to use the Subject of lease for the duration of the lease. The Lessee can freely dispose of the Subject of lease, except for alienation, pledge, and encumbrance of the third party rights. If the Lessee assigns the Subject of lease to a third party, he is responsible for the Subject of lease as it would be used by himself. The ownership of the Subject of lease on the Lessor's side is not affected by any disposal of the Subject of lease by the Lessee.

8.2     The Lessee is required to take care of the Subject of lease so that no damage, impairment, destruction to the Subject of lease occur, and to avoid any loss and theft of the Subject of lease.

8.3     The Lessee is obliged to inform regularly the Lessor in writing of the condition of use and technical condition of the Subject of lease at least once a year as of 15 February of each lease period via the form provided on the Web. Failure to comply with this obligation results in damage on the part of the Lessor that the Lessor is entitled to compensate from the paid deposit namely to the amount of 10% of the value of the paid deposit for each such breach by the Lessee. The Lessor has the right to claim damages against the Lessee by offsetting the amount of the damages against the Lessee's claim to return the Deposit.

8.4     The Lessee cannot, without the consent of the Lessor, make any interventions in the Subject of lease. The Subject of lease may be used exclusively for the purposes for which it is technically intended and in places and under conditions which cannot have a significant effect on the technical characteristics of the Subject of lease.

8.5     Failure to return the Subject of lease upon termination of the lease is a serious violation of the Lessee's obligations and implies an unauthorized use of the Subject of lease. The Lessor is entitled to compensation for damages in the amount equal to 2/365 of the value of the paid deposit for each even started day of using the Subject of lease after the lease termination. The Lessor has the right to claim damages against the Lessee by offsetting the amount of the damages against the Lessee's claim to return the Deposit.

 

9. MAINTENANCE AND REPAIRS OF THE SUBJECT OF LEASE

 

9.1     The Lessor shall hand over to the Lessee the Subject of lease in a condition suitable for the agreed use or for usage corresponding to the technical nature of the Subject of lease. The Lessor is responsible for maintaining the Subject of lease in such condition for period of 24 months from the day of its handing over to the Lessee if the Subject of lease is handled in accordance with its technical intention and manufacturer's instructions (hereinafter referred to as the "Guaranty Period").

9.2     The Lessor is responsible for defects in the Subject of lease during the Guaranty Period only in relation to the Subject of lease which has been handed over by the Lessor to the Lessee, and only if the Subject of lease was used with the compatible accessories designated by the manufacturer and at the same time the Subject of lease was handled and taken care of in accordance with the User Manual issued by the manufacturer of the Subject of lease.

9.3     The Lessee is obliged when taking over the Subject of lease to examine it properly and notify the carrier of any possible defects of the Subject of lease or without undue delay to the Lessor, otherwise the Lessee will have to prove that these defects have been incurred without his fault and have the nature of the defects that arose from the manufacturing defect of the Subject of lease and the Lessor bears the responsibility for it.

9.4     The Lessee is obliged to notify the Lessor or the person entrusted by the Lessor of any damage, malfunction, destruction, loss or theft of the Subject of lease, regardless of whether or not the Guaranty Period is still in effect. If the Lessee fails to comply with this obligation, he is obliged to compensate the Lessor for the damage incurred in connection with breach of this obligation.

9.5     The Lessee is required to maintain the Subject of lease during the lease period namely including the Guaranty period in its proper condition corresponding to adequate wear and tear, in accordance with the technical specifications of the Subject of lease. The Lessee is obliged to carry out the routine maintenance specified in the instructions for use of the Subject of lease from the manufacturer at its own expense throughout the lease period, including the Guaranty Period. If the Lessee fails to comply with the prescribed acts and procedures of regular maintenance and care of the Subject of lease, the Lessor may withdraw from the Contract without the Lessee's claim for the return of the Deposit.

9.6     Valid Claim Rules published on Web or unless otherwise is stated, these GBC apply to handling the claims during Guaranty Period. The Claim Rules represent a separate document which contains a detailed definition of the rights and obligations of the parties when applying the liability for defects of the Subject of lease. The Lessee, by clicking on the box before submitting the Order, confirms that the Claim Rules and these GBC has properly read and understood, and agrees to them in full and confirms that it has been properly informed of the terms and manner of claiming the defects on the Subject of lease, including the data on where it is possible to claim the complaint and on carrying out the repairs at the expenses of the Lessor if they occur during the Guaranty Period and the Lessor bears the responsibility for them.

 

10. LESSOR´S RESPONSIBILITY

 

10.1   The Lessor is not responsible for loss, destruction or damage of the Subject of lease leased to the Lessee. Danger in this respect passes to the Lessee at the time of handing over the Subject of lease to the Lessee.

10.2   The Lessor is not liable for any consequential or indirect losses or damages, including loss of profits, if they arose as a result of or in connection with the lease and use of the Subject of lease.

10.3   The Lessor bears responsibility for defects of the Subject of lease that arise during the Guaranty Period on the Subject of lease, and as a result of the nature of the Subject of lease, its manufacturing defects and were not caused by unprofessional and harsh using and handling by Lessee.

10.4   The Lessee put the Subject of lease into operation on its own risk. The Lessor is not responsible for any damages incurred by the Lessee or any third party on the basis of using the Subject of lease.

 

11. LESSEE´S RESPONSIBILITY

 

11.1   The Lessee is responsible for using of the Subject of lease in accordance with the requirements of the manufacturer and nature of the Subject of lease. The Lessee is responsible for the fact that the Subject of lease will not be burden by the right of a third party, will not be pledged, subleased, or entrusted to the use of the person about whom he knows or must know that he/she is not capable of using the Subject of lease in the agreed manner.

11.2   The Lessee is responsible for routine maintenance of the Subject of lease and timely repairs under the procedures agreed in these GBC.

11.3   The Lessee is liable for the loss, damage, destruction and theft of the Subject of lease, except for the cases excluding the liability under the applicable legal regulations. Any loss, destruction, and damage to the Subject of lease do not relieve the Lessee of the obligation to pay the Services Prices and to deposit and maintain the Deposit in its original amount.

11.4    The Lessee is also liable and obliged in case of repossession of dept or other similar sanctions to draw the Lessor´s attention to the ownership and immediately notify the Lessor about the threatening and/or already executed acts within the repossession of debt or implementing proceedings against the Lessee.

 

12. CONTRACT DURATION AND ITS TERMINATION

 

12.1    The Contract is concluded for a period of 13 months from the date of handing over the Subject of lease to the Lessee and payment of the Deposit, unless otherwise specified in these GBC (hereinafter referred to as the "Basic Lease Period"). The Lessee can decide within the last 13th month of the Contract Duration either to return the Subject of Lease to the Lessor or to redeem the Subject of lease at the current Price of the Subject of lease (CP).

12.2    The Basic Lease Period is always extended for further 13 months (hereinafter "Extended Lease Period") if the Lessee neither returns the Subject of lease before the Basic Lease Period to the Lessor nor redeems the Subject of lease, and at the same time announces or confirms to the Lessor, based on his email message that he intends to extend the duration of the Contract. Extended Lease Period is also extended in the same manner. However, the maximum lease period is 4 years from the date of the conclusion of the Contract.

12.3    If the Lessee has not agreed to an extension of the Basis Lease Period or already Extended Lease Period within the meaning of point 12.2. of GBC he is obliged to return the Subject of lease to the Lessor.

12.4    Prior to the expiry of the Basic Lease Period as well as the Extended Lease Period, the Contract may be terminated as follows:

a) by expiration of the Subject of lease, its destruction, loss or such damage that the Subject of lease is not capable of further proper operation,

b) by written agreement of the Contracting Parties,

c) by written notice of the Lessor or the Lessee with one-month notice period without giving any reason,

d) by redemption of the Subject of lease by the Lessee at the current price of the Subject of lease at the time of termination of the Contract, while the redemption of the Subject of lease is conditional upon settlement of the Final Price of Lease,

e) by withdrawal from the Contract by the Lessor under the conditions stated in these GBC and resulting from the relevant legal regulations,

f) by withdrawal from the Contract by the Lessee under the terms stipulated in these GBC and resulting from the relevant legal regulations.

12.5   The Lessor has the right to withdraw from the Contract, except for the legitimate reasons and reasons given elsewhere in these GBC, in the following cases:

a) The Lessee is in a delay of more than 15 days with the notification of the technical condition of the Subject of lease or change of its identification data,

b) The Lessee is in delay with payment of rent for more than two consecutive periods,

c) The Lessee is in delay with payment of the Deposit or completing the Deposit in the event of its exhaustion, for a period of more than 15 days,

d) The Lessee handles the Subject of the lease irresponsibly so that there is a risk of damage or serious harm to it or suffers such use of the Subject of lease by a third party,

e) The Lessee has breached the obligation to maintain and repair the Subject of lease,

f) The Lessee alienated, leased, burdened by the third party's right or exposed the Subject of lease to the risk of damage by entrusting it to using to an incapable third party.

12.6   The Lessor is also entitled to withdraw from the Contract due to insufficient inventory, unavailability of the Subject of lease, or if the manufacturer, importer or supplier of the Subject of lease has discontinued the production or made such major changes that made impossible the fulfilment of the Lessor's obligations under the Contract or for reasons of acts of God, or even in the event of making all effort that may be reasonably demanded from him, he is unable to provide and hand over the Subject of lease to the Lessee within the period specified by the GBC or at the price conditions stated on the Web. The Lessor is obliged to immediately inform the Lessee of this fact and return the already paid Price and paid deposit agreed in the Contract within 14 days from the notice of withdrawal from the Contract namely by transfer to the account specified by the Lessee.

12.7   The Lessor is entitled to withdraw from the Contract even if the Lessee has not taken over the Subject of lease within five working days from the day when the Lessee was obliged to take over the Subject of lease.

12.8   The Lessee has the right to withdraw from the Contract without giving any reason within 14 days from receipt of the Subject of lease, or commencement of provision of the Service, by delivery of letter of withdrawal from the Contract to the Lessor within the stated deadline, either by post or by electronic communication. The Lessee has the same right if he has personally picked up the Subject of lease ordered through the Web in the premises of the Lessor's supply point.

12.9   The Lessee has the right within this period of 14 days to unpack and test the Subject of lease in a manner similar to the usual way of buying in a classic physical or internet shop. Trying, however, does not mean to use the Subject of lease and then return it to the Lessor. The Subject of lease is deemed to have been taken over by the Lessee at the time when the Lessee or a third party designated by him, with the exception of the carrier, takes over all parts of the Subject of lease or if:

a) the goods ordered by the Lessee in a single order are supplied separately, at the time of receipt of the Subject of lease which has been handed over as the last, or

b) the Subject of lease consisting of several parts or pieces is handed over, at the moment of taking over the last part or piece of the Subject of lease, or

c) the Subject of lease is handed over repeatedly during a specified period of time, at the moment of the first receipt of the Subject of lease.

12.10    The Lessee may exercise with the Lessor the right to withdraw from the Contract in a paper form or in the form of an entry on another durable medium or through a contract withdrawal sent to the postal address or e-mail address of the Sales Representative. The form of contract withdrawal can be downloaded from the Web and is also an annex to these GBC.

12.11    Withdrawal from the Contract through the Contract withdrawal form according to the preceding point of these GBC must contain the data required in it, in particular the exact specification of the Subject of lease, date of the order, name and surname of the Lessee - the consumer, address of the Lessee - the consumer, the Lessee's signature – how the Lessor should return the already accepted deposit, especially the account number and/or the postal address, date. The Lessee is obliged to deliver to the Sales Representative the Subject of lease, together with accessories including documentation, instructions, guaranty card, proof of depositing the Deposit and payment of the Price for Services etc. and if possible, in the original package. If the Lessee by withdrawal from the Contract, sends to the Sales Representative the Subject of lease together with the accessories including the documentation, instructions, guaranty card, proof of payment, etc. (hereinafter referred to as the "Subject of lease") to the address according to the previous sentence via mail, it can do so only through a service named "Package to address". Goods sent by the Lessee via a service called "Package to post" and consignments sent as a cash on delivery will not be accepted by the Lessor. We recommend insuring the Subject of lease for damages caused by postal or courier company.

12.12    If the Lessee withdraws from the Contract, any additional contract related to the Contract from which the Lessee has withdrawn is also cancelled from the beginning.

12.13    Upon withdrawal from the Contract, the Lessor shall return to the Lessee all payments that the Lessee has provably paid in connection with withdrawal of the Contract. The Lessor, however, is not obliged to pay additional costs to the Lessee if the Lessee has chosen a different method of delivery, such as the cheapest way of delivery offered by the Lessor. Additional costs are the difference between the delivery costs chosen by the Lessee and the costs of the cheapest common delivery method offered by the Lessor. Payments will be refunded to the Lessee within 14 days of the date when the Lessee's notice of withdrawal from the Contract is received by the Lessor. Payment will be made in the same way as the Lessee used to pay to the Lessor unless the Lessee provided any other form of payment in the Contract withdrawal form without charging any additional fees.

12.14    The Lessor is not obliged to return to the Lessee all payments under these GBC before the Lessee returns to him the Subject of lease or before the Lessee proves the sending of the Subject of lease to the Lessor. Payments will therefore be paid to the Lessee by the Lessor as late as after delivery of the returned Subject of lease to the Sales Representative's address or upon submission of a document proving that the Subject of lease is sent back, whichever is the sooner.

12.15    If the Lessee withdraws from the Contract in accordance with these GBC and delivers to the Lessor the Subject of lease that is used and damaged or incomplete or the value of the Subject of lease is reduced as a result of such handling, the Subject of lease that is beyond the handling necessary to ascertain the properties and the functionality of the Subject of lease, the Lessor has the right to damage compensation against the Lessee in the amount of the value of the repair of the Subject of lease and putting the Subject of lease into the original condition or the Lessor has the right to require the Lessee to repay a reduction in the value of the Subject of lease. For this purpose, the Lessor may apply his claims directly by deducting the amount of the damage from the paid Deposit and shall return to the Lessee only this reduced Deposit amount if the Deposit was not consumed to the full extent.

12.16    The Lessee is obliged to send back or hand over to the Lessor the Subject of lease together with accessories, including documentation, instructions, warrant card, proof of payment, etc. within 14 days from the date of withdrawal from the Contract and if possible, in the original packaging.

12.17    Upon termination of the Contract, the Lessee shall bear the direct costs of returning the Subject of Lease to the Lessor / Sales Representative or the person entrusted by the Lessor to take over the Subject of Lease if the Subject of lease cannot be returned by mail, even due to its nature. The direct costs associated with the return of the Subject of lease cannot reasonably be calculated in advance. According to the information available, it is estimated that these costs will depend on the size, weight of the shipment, the distance from which the return of the Subject of lease is carried out and the prices at which the carrier chosen by the Lessee provides its services within the range from EUR 2 to EUR 150.

12.18    If the Lessee fails to comply with any of the obligations referred to in the preceding points of this Article of these GBC, withdrawal from the Contract is not valid and effective and the Lessor is not obliged to return all proven payments under these GBC to the Lessee and is at the same time entitled to compensation of the costs related to sending the Subject of lease back to the Lessee.

12.19    If the Lessee withdraws from the Contract after giving an explicit consent to the provision of the Service before expiration of the withdrawal period, the Lessee shall pay the Lessor the price for Services for the actual performance provided by the date of delivery of the withdrawal from the Contract.

 

13. RETURN OF THE SUBJECT OF LEASE

 

13.1   Upon termination of the Lease, but no later than within 30 days from the date of termination of the lease, the Lessee is obliged to return the Subject of lease to the Lessor and/or the Sales Representative and/or to the third authorized person, in the condition in which it was taken over at the beginning of the lease taking the adequate wear and tear into consideration. The Lessee is required to return the Subject of lease along with all, including accessories and all parts of the Subject of lease.

13.2   If, after the expiry of the 4-year lease period, the Lessee does not return the Subject of lease to the Lessor, or within the additional period provided to him, otherwise within 30 days from the date of expiration of 4 years, the Lessee gets to an unauthorized use of the subject of Lease and loses the right to return the Deposit. For avoidance of any doubt, there is agreed the deferred condition for the return of the paid deposit to the Lessee in case of non-returning the Subject of lease after the lease termination. This is without prejudice to the Lessor's claim for damages.

13.3   The Lessee is obliged to return the Subject of lease complete, with full documentation, not damaged, including original packaging, in the condition in which it was taken over by him.

13.4   Assessment of quality and completeness of the Subject of lease upon its return is within the competence of the Lessor, the Sales Representative or a third party entrusted by the Lessor. In the event that the Lessee is not satisfied with the assessment of the technical condition of the returned Subject of lease, the Lessee has the right to ask the Lessor to review this assessment by making it possible to assess the Subject of lease by a competent person, and the costs of this expert assessment are paid by the Lessee prior to the Subject of lease will be submitted for this expert assessment. The Lessee will be notified of these costs in advance and failure to pay the costs is the reason for the refusal of professional assessment.

13.5   The Lessee is aware that if the gifts are provided at the same time with the Service, the Deed of Gift between the Lessor and the Lessee is concluded on the condition that in the event of the Lessee's withdrawal from the Contract, the deed of Gift shall cease to be effective and the Lessee shall return, together with the returned Subject of lease, also the related gifts.

13.6   Upon compliance with all of the above conditions for return of the Subject of lease, the Lessee shall bear the transport costs upon return of the Subject of lease.

13.7   The Lessee acknowledges that at the end of the lease there is a possibility to transfer the rights and obligations resulting from the terminating contract to a third party under the conditions that will correspond to the value of the Subject of lease according to its technical condition and the assessment of this technical condition, the Lessee may use the terminating contract only to provide additional Services from the Lessor or its designated third parties.

13.8   If there is a breach of obligations on the part of the Lessee when the Subject of lease is returned as stated in this article, the Lessor is entitled to damage compensation in the amount corresponding to the relevant amount of the Deposit reduced by any claim of the Lessee for return of the corresponding part of the Deposit depending on technical condition of the returned Subject of lease and its accessories. Damages incurred on the part of the Lessor are setting off against the Lessee's claim for refund of the corresponding amount of the Deposit, namely by unilateral manifestation of the Lessor's will, which may be either in the form of acting or failure of acting to return the corresponding amount of Deposit within the prescribed period.

 

14. RETURN OF DEPOSIT AND ITS SETTING OFF AGAINST THE LESSOR´S CLAIMS

 

14.1   The funds in the corresponding amount of the Deposit shall be returned to the Lessee within 30 days of the return of the Subject of lease. The Deposit will be refunded after setting off the Lessor's claims against the Lessee under the Contract and these GBC.

14.2   The Lessee is obliged to indicate to the Lessor when returning the Subject of lease whether he is interested in return of the Deposit to the bank account (in this case it indicates also the bank account number) or the amount will be used for other Services of the Lessor.

14.3   In the event of termination of the Contract and if the Lessee does not return the Subject of lease and does not show any interest in redemption, the entire amount of the paid deposit will forfeit to the Lessor and this shall cover the Lessor's damages to the Subject of lease.

14.4   In case of termination of the Contract if the Lessee has not redeemed the Subject of lease at the current price of the Subject of lease (CP) and the Subject of lease returns to the Lessor the sum of the Deposit is refunded after deduction of 0.75 times of the current price of the Subject of lease (CP). In this case, the Lessor is entitled to compensation of the costs of selling and handling the Subject of lease. The amount of CP shall be determined in accordance with point 7.2 of these GBC. In the case where the Lessee demonstrates interest in concluding a new Contract for a new Subject of lease, the sum in the amount of 0.25 times of the current price of the Subject of lease (CP) and the amount of the sum of the returned Deposit is included into the deposition of the Deposit under the new Contract.

14.5   In the event of termination of the Contract, and Lessee returns the Subject of Lease but this will be returned as incomplete or damaged, the Lessor has the right to claim a compensation for damage thus incurred and deduct it from the Deposit. For return of an incomplete or damaged Subject of lease, the following conditions for payment of the Deposit to the Lessee upon the termination of the lease shall apply:

a) If the Subject of lease is returned in complete condition, with all accessories and not damaged, i.e. in 100% condition, including accessories, the Lessee is entitled to the return of the Deposit in the amount of 100% of the deposited sum.

b) If the Subject of lease is returned in complete condition, with all accessories and not damaged, i.e. in 100% condition but returned without fully functional accessories, the Lessee is entitled to the return of the Deposit in the amount of 75% of the deposited sum.

c) If the Subject of lease is returned in complete condition, with all accessories, but the Subject of lease is commonly worn and tear but not damaged, i.e. not in 100% condition but is fully functional and the accessories are also functional and commonly worn, the Lessee is entitled to the return of the Deposit in the amount of 60% of the deposited sum.

d) If the Subject of lease is returned in complete condition, with all accessories but the Subject of lease is commonly worn but not damaged, i.e. not in 100% condition but fully functional and accessories are non-functional, the Lessee is entitled to the return of Deposit in the amount of 50% of the deposited sum.

e) If the Subject of lease is returned in complete condition, with all accessories but the Subject of lease is significantly worn, i.e. not in 100% condition but partly functional, the Lessee is entitled to the return of the Deposit in the amount of 20% of the deposited sum.

f) If the Subject of lease is returned in incomplete condition, without accessories, is non-functional, mechanically damaged, the Lessee is not entitled to the return of the Deposit.

 

15. NOTIFICATION, SERVICE

 

15.1   Any information, notification, withdrawal from the Contract, or any other submission of the person interested in Services / Lessee, shall be delivered by the person interested in Services / Lessee in written form to the Sales Representative's Office, to the address of the registered office of the Sales Representative or to another address designated for the purpose of delivering such submissions or to the email address of the Sales Representative or through the Lessee's Account. Current contacts of the Sales Representative are available on the Web. If the person interested in Services/the Lessee delivers a submission otherwise than in a written form or in the form that causes doubts on the content and authenticity of the submission, the Lessor may request the delivery of the original within 3 business days at the latest; the submissions that have not been completed shall be disregarded unless otherwise agreed.

15.2   The Parties may also agree on other than written form of delivery, in particular electronic, by using means of distance communication in case of which the written form is preserved and the conditions of legal regulations (in particular when ordering the Services and entering into a Contract as foreseen in these GBC).

15.3   Any information, notice, reminder, invoice, advance invoice, withdrawal or other notification of the Lessor shall be delivered by the Lessor to the person interested in Services / Lessee, always taking into account the nature of the notice in any of the following ways:

a) via registered mail to the correspondence address indicated by the Lessee in the Order, which is deemed delivered on the date of receipt by the Lessee. If the consignment cannot be delivered for any reason, it is deemed to have been delivered on the last day of the pickup period intended for its pickup after being deposited with the entity responsible for service (e.g. the postal undertaking)

b) via ordinary mail to the correspondence address indicated by the Lessee in the Order which is deemed to have been delivered on the fourth day after its dispatch,

c) by means of telephone call, SMS, fax or e-mail. Such message is deemed to have been notified on the date of its dispatch to the telephone number of the Lessee, respectively e-mail. Successful phone connection, storing the message in the voicemail, or making three vain attempts for telephone connection is considered to be delivery. A notice delivered via the account of the Lessee on the Website, if the parties have agreed on its using, shall be deemed to be delivered on the date of its accessibility in the portal,

d) publication on the Website, at the places of operation or in other similar manner is deemed to have been delivered at the time of its publication. This method of notification does not apply to reminders, invoices, notices and withdrawals or other legal acts specified by legal regulation,

e) by other appropriate means.

15.4   Day of delivery is considered day when the Lessee refuses to take over the consignment or the day on which a note is marked on the consignment that the Lessee has moved away, is unknown or of similar meaning and the Lessee did not notify a new address is also deemed to by the day of delivery of the consignment. Consignments are delivered only within the Slovak Republic, unless otherwise agreed.

 

16. APLLICABLE LAW AND DISPUTES SETTLEMENT

 

16.1   All relationships between the Lessor and the person interested Services / the Lessee are subject to the legal order of the Slovak Republic, irrespective of the state in which the Service is provided and what national is in the position of the Customer of the Service or the Lessee. Relationships not governed by the Contract and these GBC are governed by the applicable acts of the Slovak Republic.

16.2   The parties shall solve all disputes preferably through out-of-court settlement, by negotiation or agreement. If a dispute is not resolved by out-of-court settlement, in case of a lawsuit, the jurisdiction of the general court under Slovak legislature is applied and if it is not possible to determine the court in this manner, the District Court of Bratislava is competent to hear the case at the first instance, unless the parties have concluded a special arbitration agreement.

16.3   The Lessees - Consumers are entitled to use the online dispute resolution platform (hereinafter referred to as "ODR") to resolve their disputes in the language of their choice. The Lessee - consumer can use the ODR platform to find alternative solution of his dispute, available at http://ec.europa.eu/consumers/odr/. The Lessee - consumer will fill in an electronic complaint form to make a submission to the ODR platform. The information it presents must be sufficient to identify the relevant entity of alternative dispute resolution online. The Lessee - consumer can attach documents to support his complaint.

 

17. AMENDMENTS AND VALIDITY OF GBC

 

17.1   The Lessor has the right to amend these GBC. Amendment to these GBC is considered to an amendment of the contracting terms and conditions. The Lessor has the right to amend these GBC, while amendment of the contracting terms and conditions means also complete or partial modification, change or termination of the Service, including its quality, scope, structure, price or other condition (hereinafter referred to as the "Amendment of contracting terms and conditions").

17.2   The Lessor is authorized to make an amendment of the contracting terms and conditions for the reason agreed in the Contract or any part of the Contract or for any of the following reasons:

a) changes of conditions at the market for provision of Services,

b) increase of the Lessor's costs related to the provision of the Service,

c) changes in inflation,

d) changes in the Lessor's marketing strategy, consisting in particular in introduction, modification or cancellation of the Services,

e) technological development of the Services,

f) legislative change with direct or indirect impact on the terms and conditions (including a change in VAT rate or other payment); or

g) issue of a decision by competent public authority (including the European Communities bodies)

which establishes the obligation or the right of the Lessor to make an amendment of the contracting terms and conditions.

17.3   The Lessor shall proceed with the announcement of the amendment of GBC so that it will publish it on the Web and send them to the Lessees to their Lessee's Account at registration.

17.4   The Lessor is obliged to notify the Lessee of a substantial change in the contracting terms and conditions that relates to the Lessee, at least one month before it is effective. Significant change in the contracting terms and conditions means an unilateral change that is not in favour of the Lessee relating in particular to the price, source and method of calculating the price of the Service provided, change of the quality of the Service provided or change of the duration of the Contract, including the minimum conditions of use or duration of the Service or amendment of those contracting terms and conditions that were agreed by the Lessor and the Lessee in writing in the Contract to be considered as material.

17.5   An amendment that is directly or indirectly caused by a change of legal regulation or by a decision of a competent public authority or a body of the European Union is not considered to be a substantial amendment of the contracting terms and conditions.

17.6   If the Lessee disagrees with a substantial amendment of the contracting terms and conditions, he has the right to withdraw from the Contract without sanctions, namely no later than one month after announcement of the substantial amendment. This does not affect the return of the Subject of lease and the claims relating to the return of the Deposit and setting off the Lessor's claims against the Deposit.

17.7   In such case, the legal effects of withdrawal from the Contract occur as of the date of effectiveness of the amendment to the contracting terms and conditions. If the Lessee does not withdraw from the Contract due to a substantial amendment of the contracting terms and conditions in a manner and within one month, it is understood that he agrees to the substantial amendment of the contracting terms and conditions.

17.8   The Lessor shall notify the Lessee of information on other changes to the contracting terms and conditions in any of the specified methods of notification under Article 15 of these GBC no later than as of the effective date of the amendment of the contracting terms and conditions unless, in special cases, the Lessor has the obligation to notify the amendment earlier. Such amendment shall be effective on the date stated by the Lessor in the notice of amendment of the contracting terms and conditions.

17.9   These GBC as amended are applicable throughout all period to the relationship between the parties established by the Contract. Termination of the Contract does not affect the effectiveness of those provisions of GBC which, by virtue of their nature, shall remain in force until full settlement of the claims under the Contract, in particular liability for damages, damages and penalties, provisions on choice of law.

17.10    If any of the provisions of GBC becomes ineffective or unenforceable, the other provisions remain in force. The Lessor replaces the given provision with a valid, effective and enforceable provision that will as much as possible adhere to the principles set out in the GBC, while preserving the purpose and the meaning of the provision.

17.11    GBC issued by the Lessor cease to be valid and effective at the date of entry into force and effectiveness of the new GBC issued by the Lessor. All Contracts and other agreements concluded before effectiveness of the new GBC between the Contracting Parties and which were regulated by the original GBC, are governed by new GBC from the date of entry into force of new GBC and are the Contracts concluded under new GBC.

17.12    The provisions of this part also apply to changes and validity of the Pricelist and, if applicable, the Special Contracting Terms and Conditions, unless otherwise stated by the Lessor. Valid and up-to date Pricelist is attached to these GBC and is also published on the Web. Changes in the Pricelist are published on the Web.

 

18. TEMPORARY AND FINAL PROVISIONS

 

18.1   These GBC revoke and supersede all existing provisions of the contracting terms and conditions issued by the Lessor or its legal predecessor or by any other person the position of whom the Lessor has taken over as for existing legal relationships relating to the lease (hereinafter referred to together as the "Original Terms and Conditions").

18.2   Part of the rights and obligations set forth in the Original Terms and Conditions that is revoked by these GBC and has not been expressly replaced by these GBC, is governed by the provisions of these GBC that are closest to them from the date of effectiveness of these GBC.

18.3   Present contracting relationships that have been regulated by the Original Terms and Conditions are governed by these GBC if the Lessee or Service Customers within 14 days of receipt of these new GBC notify by email or in writing that they are withdrawing from the Contract and reject the new GBC. By refusing the new GBC, the Contract will automatically expire. In case of not rejecting the new GBC, the Contract is automatically passing into the new GBC mode. The Service Customer who refuses the new GBC is obliged to return the Subject of lease to the Lessor within 15 days. If he does not return the Subject of lease, this is a gross breach of the Contract and the Lessor incurs a damage in the amount of the paid deposit and therefore the Deposit is forfeited and the Lessor ceases to provide the Services to the Lessee.

18.4   These GBC become effective in relation to the person interested in Services / the Lessee by sending the Order to the Lessor. The person interested in Services / the Lessee by sending an Order confirms that he has read these GBC and agree to them in their entirety.

18.5   These GBC are prepared primarily in the Slovak language and, if they are translated into another language and there are differences in language versions, the Slovak language version is preferred and legally binding.

18.6   These GBC form an integral part of the Contract and information, rights and obligations contained in these GBC are information, rights and obligations that are provided to the person interested in Services / the Lessee before he will send an Order.

18.7   The following annexes are integral parts of these GBC: Sample form for withdrawal from the Contract.

 

 

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