These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of MOBIL POHOTOVOST GSM s.r.o., with registered office at Spálená 101/37, 110 00, Praha 1, Company ID No.: 25770471, incorporated in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 68662 (hereinafter referred to as the "Buyer") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the Purchase Agreement") concluded between the Buyer and another natural person (hereinafter referred to as the "Seller") through the Buyer's Internet platform. The Internet platform is operated by the Buyer on a website located at www.cashtec.eu/cz/en (hereinafter referred to as the "Website"), through a website interface (hereinafter referred to as the "Platform Web Interface").

The Terms and Conditions do not apply to cases where the person who intends to sell the goods to the Buyer is a legal person or a person who acts in the course of selling the goods in terms of his/her business or in terms of the independent exercise of his/her profession.

Provisions deviating from the Terms and Condition may be agreed in the Purchase Agreement. Any deviating provisions in the Purchase Agreement shall prevail over the provisions of the Terms and Conditions.

The provisions of the Terms and Condition form an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are written in Czech language. The Purchase Agreement can be concluded in Czech language.

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

The Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Praha 2, Company ID No.: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Buyer and Seller under the Purchase Agreement.

Evropské spotřebitelské centrum Česká republika, with registered office at Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (on injunctions for the protection of consumers' interests).

The Seller may be served at the e-mail specified in his/her user account or specified by the Seller in the trade-in order.

Buyer's contact details:

Based on the Seller's registration made on the website, the Seller can access his/her user interface. From the user interface, the Seller can place orders for the trade-in of goods (hereinafter referred to as the "User Account"). If the Platform Web Interface allows it, the Seller may also place orders for the trade-in of goods without registration directly from the Platform Web Interface.

When registering on the website and when ordering the trade-in of goods, the Seller is obliged to provide all the information correctly and truthfully. The Seller is obliged to update the data provided in the User Account in case of any change. The information provided by the Seller in the User Account and when ordering the trade-in of goods is considered correct by the Seller.

Access to the User Account is secured with a username, password and two-factor authentication via text message. The Seller is obliged to maintain the confidentiality of the information necessary to access his/her User Account.

The Seller is not entitled to allow third parties to use the User Account.

The Buyer may cancel the User Account, especially if the Seller does not use his/her account for more than one year or if the Seller violates his/her obligations under the Purchase Agreement (including the Terms and Conditions).

The Seller acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Buyer or the necessary maintenance of hardware and software equipment of third parties.

All presentation of the traded-in goods placed in the Platform Web Interface is of an informative nature and the Buyer is not obliged to conclude a Purchase Agreement regarding these goods. Section 1732(2) of the Civil Code shall not apply.

The shop web interface also contains information about the costs associated with the shipment of goods from the Seller to the Buyer. The information about the costs associated with the shipment of goods listed in the Platform Web Interface is valid only in cases where the goods are shipped within the Czech Republic.

The Platform Web Interface contains information about the traded-in goods, including the trade-in prices of individual goods. The trade-in prices of the goods are given for each quality of the traded-in goods. The trade-in prices of the goods remain valid for as long as they are displayed in the Platform Web Interface. The trade-in prices of goods are not adjusted to the Seller on the basis of automatic decision-making. This provision does not restrict the Buyer's ability to conclude the Purchase Agreement on individually agreed terms.

In order to order the trade-in of goods, the Seller fills in the order form in the Platform Web Interface. The order form contains information about:

Prior to sending the Trade-in Order to the Buyer, the Seller shall be allowed to check and change the data entered by the Seller in the Trade-in Order, including with respect to the Seller's ability to detect and correct errors made in entering data into the Trade-in Order. The Seller sends the Trade-in Order to the Buyer by clicking on the “Dokončit výkup" button. The information provided in the Trade-in Order is deemed correct by the Buyer. This is without prejudice to the Buyer's ability and obligation to verify this data in the context of the verification of the identity of the Seller in accordance with the relevant legislation. Immediately upon receipt of the Trade-in Order, the Buyer shall acknowledge receipt of the Trade-in Order to the Seller's e-mail specified in the User Account or in the Order (hereinafter referred to as the "elektronická adresa prodávajícího"). This confirmation includes a draft Purchase Agreement with the Buyer for the trade-in of the goods sold, which must be printed, signed and attached to the goods sold for shipment to the Buyer.

The Buyer is always entitled, depending on the nature of the Trade-in Order (amount of the purchase price) and depending on the overall activity of the Seller on Platform Web Interface (number of Trade-in Orders from the same Seller, value of all concluded Purchase Agreements), to ask the Seller for additional confirmation of the Trade-in Order (for example, in writing or by phone) and/or to request the Seller to provide additional information on the goods sold (purchase documents for the goods sold, etc.).

The trade-in price of the goods may be changed by the Buyer after the delivery of the goods sold by the Seller and their inspection by the Buyer, especially in cases where the Seller has chosen a quality of the goods sold other than the corresponding quality at the time of filling in the order form, or if the goods sold show any defect (whether legal or factual). In this case, the Buyer contacts the Seller with a new draft Purchase Agreement. The Seller may accept the new draft Purchase Agreement (and thus sell the traded-in goods at the price proposed by the Buyer) or reject it (in which case no Purchase Agreement is concluded and the goods sold are sent back to the Seller at the Buyer's expense).

The Buyer has the exclusive right to refuse to trade in the goods sold, in particular, but not exclusively, because of their total or substantial non-functionality or otherwise poor technical condition.

The Seller agrees to the use of remote communication means in concluding the Purchase Agreement. Costs incurred by the Seller when using remote communication means in connection with the conclusion of the Purchase Agreement (costs of Internet connection, costs of telephone calls) are borne by the Seller, and these costs do not differ from the basic rate.

The contractual relationship between the Buyer and the Seller is established by the delivery of the acceptance of the Trade-in Order (acceptance), which is sent by the Buyer to the Seller's E-mail.

In the event that the method of transport is agreed on the basis of a special request of the Seller, the Seller bears the risk and any additional costs associated with this method of transport.

The Seller is obliged to use the method of transport chosen by the Seller in the context of the Trade-in Order. The Buyer is obliged to take over the sold goods upon delivery.

Upon acceptance of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods sold and in the event of any defects immediately notify the carrier. In the event of a breach of the packaging indicating that the shipment has been tampered with, the Buyer may not accept the shipment from the carrier.

The Buyer is responsible for the transport of the traded-in goods.

The Buyer is not bound by any codes of conduct in relation to the Seller within the meaning of Section 1826(1)(e) of the Civil Code.

Consumer complaints are handled by the Buyer via e-mail. Complaints can be sent to the Buyer's e-mail. The Buyer shall send information about the handling of the Seller's complaint to the Seller's E-mail. No other rules for handling complaints are set by the Buyer.

The Seller may lodge a complaint with the supervisory authority or the state supervisory authority. The Buyer is entitled to trade in the goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the competent Trade Licensing Authority. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises within the defined scope the compliance with the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.

The Seller hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

The Buyer fulfils the information obligation towards the Seller within the meaning of Article 13 of Regulation (EC) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "nařízení GDPR") relating to the processing of personal data of the Seller for the purposes of the performance of the Purchase Agreement, for the purposes of the negotiations on the Purchase Agreement and for the purposes of the performance of the Buyer's public obligations by means of a separate document.

The Seller agrees, in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to the sending of commercial messages by the Seller to the Buyer's e-mail or telephone number. The Buyer fulfils the information obligation towards the Seller within the meaning of Article 13 of the GDPR relating to the processing of the Seller's personal data for the purpose of sending commercial messages by means of a separate document.

The Buyer fulfils the legal obligations related to the possible storage of cookies on the Seller's device by means of a separate document.

If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is governed by the Czech law. The choice of law under the preceding sentence does not deprive the Seller, who is a consumer, of the protection afforded by the provisions of the legal order which cannot be derogated from by contract and which would otherwise apply in the absence of a choice of law under Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision which meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and additions to the Purchase Agreement or the Terms and Conditions require a written form.

These Terms and Conditions come into force and effect on 7 October 2024 and are valid on the territory of the Czech Republic.