These terms and conditions (hereinafter referred to as "Cashtec Upgrade Terms and Conditions") of MOBIL POHOTOVOST GSM s.r.o., with registered office at Spálená 101/37, 110 00, Praha 1, ID No.: 25770471, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 68662 (hereinafter referred to as the "Supplier") regulate in accordance with the provision of § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code") rights and obligations related to the delivery and service of the rental item, or other resulting activities (hereinafter referred to as "delivery and service of the rental item"), which are performed by the Supplier on behalf of Home Credit a.s., with registered office at Nové Sady 996/25, 602 00 Brno, ID No.: 26978636, registered in the Commercial Register maintained by the Regional Court in Brno, Section B, Insert 4401 (hereinafter referred to as the "Lessor") according to the lease agreement of a thing (hereinafter referred to as the "Agreement") concluded between the Lessor and another natural person (incl. natural person – entrepreneur, who acts within their business activities or within the independent exercise of their profession) or legal entity (hereinafter referred to as the "Lessee").

Provisions deviating from the Cashtec Upgrade Terms and Conditions may be agreed in the Agreement or in the business terms and conditions of the Lessor, which are an integral part of the Agreement. Deviating agreements in the Agreement or in the business terms and conditions of the Lessor take precedence over the provisions of the Cashtec Upgrade Terms and Conditions.

The Cashtec Upgrade Terms and Conditions become an integral part of the Agreement upon conclusion of the Agreement. The Cashtec Upgrade Terms and Conditions are drawn up in the English language.

The wording of the Cashtec Upgrade Terms and Conditions may be changed or supplemented by the Supplier. This provision does not affect the rights and obligations arising during the validity of the previous wording of the Cashtec Upgrade Terms and Conditions.

For out-of-court resolution of consumer disputes arising from the purchase contract, the Czech Trade Inspection is responsible, with registered office at Štěpánská 567/15, 120 00 Praha 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs. The platform for online dispute resolution located at the website http://ec.europa.eu/consumers/odr can be used to resolve disputes between the buyer and seller arising from the purchase contract.

European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz is the contact point under Regulation of the European Parliament and of the Council (EU) No. 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

The Lessee may be delivered to the email address specified in their user account or specified by the Lessee in the rental order.

Supplier's contact details:

The Lessor's Terms and Conditions, which are an integral part of the Agreement, are available here .

The internet platform is operated by the Supplier on the website located at the internet address www.cashtec.eu/upgrade (hereinafter referred to as the "website"), and through the website interface (hereinafter referred to as the "platform web interface").

The Lessee expresses their interest in renting goods intended for rental by creating an order on the Supplier's internet platform (hereinafter referred to as the "rental order").

Based on the rental order made on the website, the Lessee can access their user interface. From their user interface, the Lessee can perform actions related to the rental item (hereinafter referred to as the "user account"). The platform web interface does not allow the Lessee to perform these actions without a user account directly from the platform web interface.

When creating a rental order on the website and when entering data into the user account, the Lessee is obliged to provide all information correctly and truthfully. The Lessee is obliged to update the information provided in the user account in case of any changes. The information provided by the Lessee in the user account and when creating the order is considered correct by the Supplier.

Access to the user account is secured by a username and a one-time password sent with each login. The Lessee is obliged to maintain confidentiality regarding information necessary for access to their user account.

The Lessee is not authorized to allow third parties to use the user account.

The Supplier may cancel the user account, especially in case the Lessee breaches their obligations under the Agreement (including the Lessor's terms and conditions and the Cashtec Upgrade Terms and Conditions).

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

All presentation of goods intended for rental placed in the platform web interface is only of an informative nature and does not create a right to conclude the Agreement. The provision of § 1732 paragraph 1 and 2 of the Civil Code shall not apply.

The platform web interface contains information about goods that the Lessee can rent from the Lessor, including the specification of the monthly rental payment for individual goods. Monthly rental payments for goods remain valid for the period when they are displayed in the platform web interface. Monthly rental payments for goods are not adapted to the Lessee's person based on automated decision-making. This provision does not limit the Lessor's ability to conclude an Agreement under individually agreed conditions.

The web interface also contains information about costs associated with sending goods from the Supplier to the Lessee. Information about costs associated with sending goods specified in the platform web interface applies only in cases where goods are sent within the territory of the Czech Republic.

To create a rental order, the Lessee fills in the order form in the platform web interface. The order form contains mainly information about:

Before sending the rental order to the Supplier, the Lessee is allowed to check and change the data that the Lessee entered into the rental order, also with regard to the Supplier's ability to detect and correct errors arising from data entry into the rental order. The Lessee sends the rental order to the Supplier by clicking the "Send order" button. The data specified in the rental order is considered by the Supplier to be correct. This does not affect the Lessor's ability and obligation to verify this data as part of identity verification of the Lessee according to relevant legislation. The Supplier immediately after receiving the rental order confirms this receipt to the Lessee by email, to the email address of the Lessee specified in the user account or in the order (hereinafter referred to as the "Lessee's email address"). This confirmation includes a summary of the order and information about further steps necessary for concluding the Agreement between the Lessee and the Lessor. Along with the confirmation of the rental order, the Supplier transfers to the Lessor the information filled in by the Lessee in the order form.

By creating a rental order and receiving confirmation of the rental order (acceptance), the Lessee expresses interest in renting a specific device and the Supplier confirms the reservation of this device for rental for the Lessee.

If a gift is provided to the Lessee together with the rental item, the gift agreement between the party providing the gift and the Lessee is concluded with a termination condition, that if the Agreement between the Lessee and the Lessor is terminated due to withdrawal from a distance contract without stating a reason within the statutory period, the gift agreement regarding such gift loses effect and the Lessee is obliged together with the return of the rental item to the Lessor to return to the Supplier also the provided gift.

Based on an agreement with the Lessor, the Supplier arranges the dispatch of the rental item to the Lessee.

In case the method of transport is agreed based on a special request of the Lessee, the Lessee bears the risk and any additional costs associated with this method of transport.

If the Supplier according to the rental order and the Agreement is obliged to deliver the rental item to the place specified by the Lessee in the rental order, the Lessee is obliged to take over the rental item upon delivery.

When taking over the rental item from the carrier, the Lessee is obliged to check the integrity of the packaging of the rental item and in case of any defects to immediately notify the carrier. In case of detection of damage to the packaging indicating unauthorized entry into the shipment, the Lessee does not have to take over the shipment from the carrier. This does not affect the Lessee's rights from a complaint about the rental item and other rights of the Lessee arising from generally binding legal regulations.

The rental item is dispatched to the Lessee within two (2) working days from the conclusion of the Agreement.

The rental item is sent to the Lessee according to the selected method of transport of the rental item, which the Lessee made when sending the rental order. The Lessee can select the method of transport of the rental item offered by the Supplier, including the transport partner, when placing the rental order. For delivery of the rental item according to the rental order and concluded Agreement, postage and packing are not charged.

In case of unintentional damage to the rental item, the Lessee is obliged to file a complaint about the rental item with the Supplier, in accordance with the Agreement.

The conditions for filing a complaint about the rental item are regulated in the complaints procedure, which is located here .

The Supplier is not bound by any codes of conduct in relation to the Lessee within the meaning of the provision of § 1826 paragraph 1 letter e) of the Civil Code.

Handling of consumer complaints is provided by the Supplier by email. Complaints can be sent to the Supplier's email address. The Supplier will send information about the handling of the complaint to the Lessee to the Lessee's email address. No other rules for handling complaints are established by the Supplier.

The Lessee can turn with a complaint to the supervisory or state control authority. The Supplier is authorized to the activity regulated by these terms and conditions based on a trade license. Trade inspection is carried out within its competence by the relevant trade office. Supervision over the area of personal data protection is exercised by the Office for the Protection of Personal Data. The Czech Trade Inspection carries out within the defined scope among other things supervision over compliance with the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.

The Lessee hereby assumes the risk of change of circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.

The Supplier fulfills its information obligation towards the Lessee within the meaning of Article 13 of Regulation of the European Parliament and of the Council 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as "GDPR Regulation") related to the processing of the Lessee's personal data for the purposes of fulfillment under the Agreement through a separate document.

The Lessee agrees within the meaning of the provision of § 7 paragraph 2 of Act No. 480/2004 Coll., on certain services of the information society and on the amendment of certain acts (Act on certain services of the information society), as amended, to the sending of commercial communications by the Lessor or Supplier to the email address or telephone number of the Lessee. The Supplier and the Lessor fulfill their information obligation towards the Lessee within the meaning of Article 13 of the GDPR Regulation related to the processing of the Lessee's personal data for the purposes of sending commercial communications through a separate document.

The Supplier fulfills its legal obligations related to the possible storage of cookies on the Lessee's device through a separate document.

If any provision of the Cashtec Upgrade Terms and Conditions is invalid or ineffective, or becomes such, instead of invalid provisions, a provision will apply whose meaning most closely approximates the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions. Changes and additions to the Cashtec Upgrade Terms and Conditions require written form.

These Cashtec Upgrade Terms and Conditions become valid and effective on 23 September 2025 and apply in the territory of the Czech Republic.