Lessee means a natural person, a natural person entrepreneur (a natural person acting within the scope of their business activity or independent professional practice), or a legal entity that has concluded the Agreement and that files a complaint under this complaints procedure.

Supplier means MOBIL POHOTOVOST GSM s.r.o., with its registered office at Spálená 101/37, 110 00, Prague 1, Company ID No.: 25770471, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 68662.

Lessor means Home Credit a.s., with its registered office at Nové Sady 996/25, 602 00 Brno, Company ID No.: 26978636, registered in the Commercial Register maintained by the Regional Court in Brno, Section B, Insert 4401.

Leased Item means the goods used by the Lessee on the basis of the Agreement that are the subject of the complaint.

Agreement means the agreement on the lease of the Leased Item concluded between the Lessee and the Lessor.

The complaints procedure forms an integral part of the Supplier’s Terms and Conditions for the Cashtec Upgrade service (hereinafter referred to as the “Cashtec Upgrade Terms and Conditions”). This Complaints Procedure governs the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the Agreement.

Definitions of terms contained in this Complaints Procedure take precedence over definitions of terms in the Terms and Conditions . If this Complaints Procedure does not define a term, the definition provided in the Cashtec Upgrade Terms and Conditions shall apply. Terms not specified in this Complaints Procedure or in the Cashtec Upgrade Terms and Conditions shall be interpreted in accordance with the applicable laws of the Czech Republic.

The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, website: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the Delivery and servicing of the leased item. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used for resolving disputes between the Lessee and the Supplier.

The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 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 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 Lessor is liable for defects of the Leased Item that occur throughout the duration of the Agreement, except where the defect is a result of culpable damage and/or the Lessee fails to fulfill their obligations under the Agreement (e.g. is in default with rent payment). Culpable damage means that the Leased Item shows a defect caused by the Lessee (intentionally or through negligence), or is causally related to such conduct of the Lessee.

If the Leased Item is a tangible movable item connected to digital content or a digital content service in such a way that it could not perform its functions without them (hereinafter referred to as the “Leased Item with digital features”), the provisions regarding the Lessor’s liability for defects shall also apply to the provision of digital content or a digital content service, even if it is provided by a third party. This does not apply if it is apparent from the content of the Agreement and the nature of the matter that they are provided separately.

The Lessor is liable to the Lessee that the Leased Item is free from defects upon receipt. In particular, the Lessor is liable to the Lessee that the Leased Item:

The Lessor is liable to the Lessee that, in addition to the agreed properties:

The provision set out in Article 3(4) shall not apply if the Lessor or the Supplier specifically informed the Lessee before the conclusion of the Agreement that certain properties of the Leased Item differ and the Lessee expressly agreed to this when concluding the Agreement.

In the case of a Leased Item with digital features, the Lessor, through the Supplier, shall ensure that the Lessee is provided with the agreed updates to the digital content or digital content service. In addition to the agreed updates, the Lessor, through the Supplier, shall ensure that the Lessee is provided with updates necessary for the Leased Item to retain, after receipt, the properties under Article 3(3) and (4), and that the Lessee will be notified of their availability throughout the duration of the Agreement.

The provision of the preceding article shall not apply if the Lessor, through the Supplier, specifically informed the Lessee before the conclusion of the Agreement that updates would not be provided and the Lessee expressly agreed to this when concluding the Agreement.

If the Lessee fails to perform an update within a reasonable time, the Lessor shall not be liable for a defect that arose solely as a result of the missing update. This does not apply if the Lessee was not informed about the update or about the consequences of not performing it, or if the Lessee did not perform the update or performed it incorrectly due to deficiencies in the instructions.

The Lessee is obliged to file a complaint regarding the Leased Item in the event of non-culpable damage. Non-culpable damage means that the Leased Item shows a defect that was not caused by the Lessee (intentionally or through negligence), nor is it causally related to such conduct of the Lessee.

The Lessee files a complaint:

The Lessee undertakes to hand over the complained-about Leased Item to the Supplier within fourteen (14) days from the date of filing the complaint, while the moment of handing over the Leased Item shall also be deemed to be the moment of sending it by carrier service to the address: MOBIL POHOTOVOST GSM s.r.o., Nádražní 115, 150 00 Prague 5.

The method of handing over the complained-about Leased Item shall be chosen by the Lessee when filing the complaint electronically at the moment of completing the form. In the event that the complaint is filed in person at any of the Supplier’s stores, only handover at the moment of filing the complaint is possible.

In the event of electronic filing of the complaint or at the moment when it is not possible to resolve the complaint on site because expert assessment is required, a replacement item may be provided to the Lessee by the Supplier for the duration of the complaint resolution in accordance with the Lessor’s instructions.

A replacement item shall not be provided to the Lessee by the Supplier where it is evident on the basis of the Supplier’s initial assessment that the damage to the Leased Item is clearly culpable on the part of the Lessee, i.e. it does not meet the conditions of non-culpable damage set out in paragraph 1 of this article, or any exclusion under Article 5 of this Complaints Procedure applies.

The provided replacement item does not have to be in the condition of a new item; in particular, it may have aesthetic defects in the form of scratches and scuffs, but not defects preventing normal use of the item for its intended purpose. The replacement item does not have to match the model designation and year of manufacture of the Leased Item, but it shall be of the same or a similar model class. The replacement item shall also always be from the same manufacturer as the Leased Item.

The replacement item remains the property of the Supplier throughout the entire period, and after notification of the complaint result, the Lessee is obliged to return the replacement item to the Supplier without undue delay.

In the event of a complaint, neither the Lessor nor the Supplier bears responsibility for content and data stored in the Leased Item, nor for the loss, damage, or misuse of data. In the event of a complaint, the Supplier does not perform data backup or data recovery. The Lessee is recommended to perform regular systematic backups of data to another storage medium.

Non-culpable damage under Article 4(1) of this complaints procedure does not occur where the complained defect or damage was caused by the Lessee (intentionally or through negligence) or is causally related to such conduct. It is also not possible to complain about defects and damage for which a lower monthly lease installment was agreed and also, though not exclusively, in cases where the defect or damage to the Leased Item arose:

The Supplier shall decide on the complaint immediately, and in complex cases within three (3) working days. This period does not include the time reasonably necessary for expert assessment of the defect, depending on the Leased Item.

The complaint shall be resolved without undue delay, no later than within 30 calendar days from the date of filing the complaint, unless the Supplier and the Lessee agree otherwise in writing. After the expiry of this period, the Lessee has the same rights as if the complaint had been accepted and the Leased Item had been found irreparable.

The Supplier shall resolve the complaint either by accepting or rejecting it.

If the complaint regarding the Leased Item is accepted and the Leased Item is found repairable, the Leased Item shall be repaired.

If the complaint regarding the Leased Item is accepted and the Leased Item is found irreparable or repairable only at costs exceeding the acquisition of a similar item, the Agreement shall be terminated early in accordance with the Agreement.

If the complaint regarding the Leased Item is not accepted, the Supplier shall send the Lessee a price quotation for repairing the Leased Item at the Lessee’s expense. The Supplier shall inform the Lessee of the repair estimate together with the notification of rejection of the complaint.

If the Lessee agrees to the price quotation for repairing the Leased Item, the Leased Item shall be repaired no later than within 30 calendar days from the date of payment of the price quotation after the payment is received from the Lessee.

If the Lessee does not agree to the price quotation for repairing the Leased Item, the Leased Item shall be returned to the Lessee in the condition in which it was accepted for complaint by the Supplier.

The Supplier shall inform the Lessee about the resolution of the complaint via SMS, e-mail, or by phone. The Lessee undertakes to collect the Leased Item without undue delay, no later than within 30 days from the date of complaint resolution. If the complaint was filed electronically by the Lessee, the Leased Item shall be sent by the Supplier to the Lessee in the manner chosen by the Lessee when completing the electronic form.

In the case of personal collection of the Leased Item, the Lessee is obliged to present the complaint report or prove their identity.

Upon receiving the Leased Item, the Lessee undertakes to inspect the condition of the Leased Item and the conformity of the Leased Item with the confirmation of complaint resolution. If the Leased Item does not meet the Lessee’s requirements or the confirmation of complaint resolution, the Lessee undertakes to inform the Supplier without undue delay.

If the Lessee fails to fulfill the obligations under the preceding paragraph, the Supplier shall not be obliged to take into account any further objections of the Lessee.

If any provision of the complaints procedure is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions. Amendments and supplements to the complaints procedure must be made in writing.

This complaints procedure becomes valid and effective on 23 September 2025 and applies within the territory of the Czech Republic.