Terms and Conditions

of EkoBIT Praha s.r.o.

1.Introductory Provisions

1.1These general terms and conditions (hereinafter referred to as "GTC") of the company EkoBIT Praha s.r.o., IČO: 21380414, with registered office at Peroutkova 531/81, 158 00 Praha 5 - Jinonice, registered in the commercial register maintained by the Municipal Court in Prague, section C, file 401100 (hereinafter referred to as "EkoBIT"), govern in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended, mutual rights and obligations of the contracting parties arising in connection with or on the basis of a contract for the provision of services, goods or software (hereinafter referred to as the "contract") concluded between EkoBIT and another natural or legal person (hereinafter referred to as the "client").

1.2The General Terms and Conditions are an integral part of every contract concluded between EkoBIT and the client, unless otherwise stipulated in the contract. Deviating provisions in the contract take precedence over the provisions of the General Terms and Conditions.

1.3By sending the order form or e-mail to EkoBIT, the client confirms that he has familiarized himself with the General Terms and Conditions and that he expressly acknowledges that the General Terms and Conditions are part of the contractual agreement between him and EkoBIT. The GTC are available on the EkoBIT website: www.ekobit.cz.

2.Subject of the contract

2.1On the basis of the contract, EkoBIT provides the client with its products, software, goods or services (hereinafter referred to as the "product").

2.2EkoBIT also provides an operational/maintenance service for software products at a price according to the currently valid price list published on the EkoBIT website, either directly at the client's location or remotely.

3.Conclusion of contract

3.1To order the product, the client fills out the order form. For the order to be valid, you must fill in all the required information and details listed in the order form and send it. After receiving the order, EkoBIT will immediately confirm this receipt to the client by e-mail, to the client's e-mail address specified in the order form.

3.2The client can also order the product via e-mail by sending an e-mail to the EkoBIT e-mail address, or also in person or by phone. After receiving the order, EkoBIT will immediately confirm this receipt to the client by e-mail, to the e-mail address of the client from which the order was sent.

3.3By sending the order, the client undertakes to collect the selected product and to pay the relevant amount.

3.4The contractual relationship between EkoBIT and the client is established upon acceptance of the client's order and its confirmation. The concluded contract (including the agreed price) can be changed or canceled only based on the agreement of both contracting parties or for legal reasons.

3.5By concluding the contract, the client confirms that he has familiarized himself with the General Terms and Conditions and that he agrees with them and undertakes to comply with them. The client is sufficiently informed of the General Terms and Conditions before placing the order and has the opportunity to familiarize himself with them.

4.Price and payment terms

4.1The price of the product is always determined for a specific product according to the current offer listed on the EkoBIT website and is valid at the time the client sends the order form or order e-mail.

4.2The price for the operation/maintenance service of the software product is determined depending on the product type according to the currently valid EkoBIT price list, which is published on the EkoBIT website.

4.3The price for the ordered product will be paid by the client on the basis of the issued advance invoice, which will be sent to the client in electronic form to the client's email address after the order has been confirmed, by cashless transfer to the EkoBIT bank account and within 14 days from the issuance of the invoice, or in a different due date specified in the invoice. The payment is considered to have been made when the relevant amount is credited to the EkoBIT bank account specified in the invoice.

4.4In the event of the client's delay in payment of the price for the product, EkoBIT is entitled to demand from the client the payment of contractual interest for the delay in the amount of 0.5% of the invoiced amount for each day of delay.

5.Product delivery

5.1EkoBIT fulfills the delivery of the goods by handing over the goods to the client or by handing over the goods to the first carrier, thereby also transferring the risk of damage to the goods to the client. The availability of the product is always indicated in the detail of this product. Delivery time depends on product availability, payment terms and delivery conditions, and is a maximum of 30 days. In normal cases, EkoBIT ships the goods within 2 working days after payment of the full price of the ordered product. The final delivery date is always stated in the order confirmation email. Installation of the purchased goods is not part of the delivery. Together with the shipment, the client receives a tax document/invoice. The delivery period for goods that will be paid for by the client upon receipt, i.e. cash on delivery, starts on the day of valid order confirmation. In the event that the client has chosen a different payment option than paying for the goods upon receipt, the delivery period starts to run only after full payment of the product price, i.e. when the relevant amount is credited to the EkoBIT bank account.

5.2EkoBIT accepts the following delivery conditions: a) Personal collection, b) PPL, c) Czech Post. Shipping costs are listed on the EkoBIT website in the "Delivery time and delivery conditions" section. The final calculated price is already listed including the shipping fee.

5.3In the case of an exchange of goods within 14 days of the purchase of the goods, the client is charged for postage costs, for each individual shipment of the goods to the client. If the client returns the goods to EkoBIT within 14 days, the client pays the postage costs.

5.4The delivery of the software product takes place after its installation by the client or an EkoBIT technician, during which the client gives consent to the EkoBIT license terms relating to the software product. The client acknowledges that the client is not allowed to install the license without agreeing to the license terms.

6.License Terms

6.1In the case of a software product - a cash register system (hereinafter referred to as the "system"), EkoBIT grants the client a license to use the system to the extent and under the conditions set forth in these license terms.

6.2The client undertakes to provide the author with the agreed remuneration for the sale of the system and the granting of a license for use in the agreed amount and undertakes to pay a regular service fee for the maintenance and up-to-dateness of the system according to the currently valid EkoBIT price list. The client acknowledges that in the event of a delay in payment of the service fee, EkoBIT has the right to deactivate the license. In such a case, EkoBIT bears no responsibility for any pecuniary or non-pecuniary damage to the client or third parties arising in connection therewith.

6.3Granting of a license – EkoBIT grants the client a license to use the system, which is non-transferable, non-exclusive, valid in the territory of the Czech Republic and is provided only to the extent necessary for the proper use of the system by the client. This license is valid for use on the ordered number of devices.

6.4EkoBIT provides a license to the client for the period during which the license fee is duly paid. EkoBIT is entitled to limit, interrupt or deactivate the license in the event that the client does not pay the license fee or other agreed payment properly and on time.

6.5EkoBIT is entitled to limit, interrupt or deactivate the license in the event that the client uses the software in violation of the license terms, in violation of generally binding legal regulations, or if it is misused.

6.6EkoBIT is entitled to limit or interrupt the use of the software for the time necessary for maintenance, modification or repair of the software, in cases of threat or violation of the software or data protection, or for another important reason.

6.7The client is not entitled to grant the license or authorization forming part of the license in whole or in part to a third party, in particular he is not entitled to transfer, transfer, lend, allow use, or otherwise temporarily or permanently grant the authorization forming part of the license or the license to third parties, as well as in any way interfere with the system, make any changes to it unrelated to the client settings, make copies, reproductions or imitations of the system or in any way disrupt the functionality of the system or carry out reverse engineering. In the event of a breach of the aforementioned agreement, the client is obliged to pay EkoBIT a contractual fine of CZK 50,000 for each individual breach. EkoBIT's claim for damages remains in full.

6.8The client is obliged to refrain from any action that is contrary to fair business dealings, good manners of competition or good manners, in particular he is obliged to refrain from any action that would misuse any information about the software for his own use or for the benefit of a third party.

6.9The right to grant a license according to these license conditions arises for the client only on the condition that the client has duly paid the price for the provision of the system.

6.10The contracting parties have agreed that the license does not transfer to his legal successor upon the demise of the buyer. When selling a company or its part, which forms its separate organizational component, prior written consent of the seller is required for the transfer of the license.

6.11These license conditions become valid and effective on the date of conclusion of the contract and acceptance of the General Terms and Conditions.

7.Warranty and liability for defects

7.1The rights and obligations of the contracting parties regarding rights from defective performance are governed by relevant generally binding legal regulations.

7.2When selling a product to a client as a consumer, the warranty period is 24 months. However, if a time limit for the use of the item is marked on the packaging or instructions for use in accordance with special legal regulations, the warranty period ends with the expiry of this time limit. The warranty does not cover wear and tear caused by normal use. For items sold at a lower price, the warranty does not apply to defects for which a lower price was negotiated. In the case of used items, EkoBIT is not responsible for defects corresponding to the degree of use or wear and tear the item had when the client took it over.

7.3In the case of clients in the position of an entrepreneur (i.e. they buy goods in connection with their business activity), a guarantee of 12 months is provided.

7.4The guarantee is provided to the client only on the condition that the goods are used in accordance with the instructions for use and that they are not used in an unprofessional or otherwise inappropriate manner or that the damage or defect did not occur as a result of demonstrable unauthorized interference with the goods or force majeure.

7.5In order to apply for a warranty repair, it is necessary to present the purchase document (receipt, invoice, Leasing Agreement), or warranty card. In the case of sending EkoBIT goods, the goods must be packed for transport in such a way that they are not damaged during transport.

7.6EkoBIT can provide paid post-warranty service to clients.

7.7EkoBIT is not responsible for the deterioration of the availability or the unavailability of the product and other additional services caused in particular by malfunctioning of the internet computer network or other public data networks, malfunctioning of the client's data network, malfunctioning software or hardware, intervention of a third party or intervention of force majeure.

7.8EkoBIT is not responsible for any direct or indirect damage or other pecuniary or non-pecuniary damage caused to the client or a third party by the use of the product or in connection with the use of the product. In particular, EkoBIT is not responsible for any direct or indirect damage or other pecuniary or non-pecuniary damage caused by inappropriate use of the product, especially if it is used in violation of these GTC or legal regulations, if the damage or non-pecuniary damage is caused by the client or a third party, by accident or force majeure. The fact that EkoBIT has been warned of the possibility of damage or non-property damage does not affect its liability.

7.9EkoBIT is not responsible for any direct or indirect damage or other pecuniary or non-pecuniary damage incurred by the client as a result of the restriction of interruption or other deactivation of the license, which is done in accordance with the GTC.

7.10EkoBIT is not responsible for any loss or damage to data that was not properly and timely backed up by the client.

7.11EkoBIT is not responsible for any lost profits or other direct or indirect losses of the client. EkoBIT is liable for any damage that may occur as a result of a proven breach of duty, always up to the amount corresponding to the price of the delivered product without VAT, which the EkoBIT client paid.

7.12Rights from defective performance (complaint) can be exercised at EkoBIT, in all its establishments, in writing at the address of the EkoBIT headquarters or at its electronic address www.ekobit.cz

8.Options for contacting EkoBIT

8.1EkoBIT processes personal data of clients in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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 and the relevant national legislation in force in the field of personal data protection in a way that ensures their proper security, and for the purpose of their protection adopts all necessary technical and organizational measures, in particular to prevent unauthorized or accidental access to these data, their alteration, destruction or loss, unauthorized provision or transmission, as well as their other unauthorized processing or misuse.

8.2The scope and method of personal data processing by EkoBIT, as well as the scope of clients' rights related to the processing of their personal data, are regulated in the EkoBIT Personal Data Processing Principles, with which the client is obliged to familiarize himself before concluding the contract.

8.3By sending the EkoBIT order form, the client confirms that he has familiarized himself with the EkoBIT Personal Data Processing Principles and that he expressly acknowledges that these personal data processing principles are part of the contractual agreement between him and EkoBIT. EkoBIT's personal data processing policy is available on the EkoBIT website: www.ekobit.cz.

8.4By concluding the contract, the client agrees to the processing and collection of his personal data by EkoBIT for the fulfillment of the rights and obligations arising from the contract and its subsequent registration. If the client does not choose another option, he agrees to the processing of EkoBIT's personal data also for the purposes of sending information and business communications and offers to the client, including by electronic means (especially e-mail, SMS messages, telemarketing). The client has the right to inform EkoBIT at any time that he no longer agrees with this sending or contacting, by sending a message to the EkoBIT email address: info@ekobit.cz.

8.5The client acknowledges that he is obliged to enter his personal data (in the order) correctly and truthfully and that he is obliged to inform EkoBIT without undue delay about a change in his personal data, no later than within five working days from the day when such a change occurred.

9.Cookies and Google Analytics

9.1EkoBIT uses so-called cookies as part of its activity. Cookies are short text files that the server places on the user's computer when a website is loaded. Technically, it is a series of codes according to which the browser collects and then sends information about the user's behavior back to the relevant server. Cookies serve to set the content of the website according to the user's preferences, optimize the use of the website and increase user comfort, and to obtain information about the use of the service and user activities for their further analysis. This information helps to improve the structure and content of the EkoBIT website.

9.2The client agrees to the storage of cookies on his computer, with the understanding that each user can reject cookies using his web browser or set the use of only some cookies. However, restricting the use of cookies may affect some functions that are important for the optimal functioning of the website and may thus lead to a deterioration in user comfort.

9.3The client acknowledges that EkoBIT uses other services as part of its activities, such as Google Analytics (this is website analysis), which enables the acquisition of statistical data about website users, in particular the measurement of current and historical traffic and website user behavior and their characteristics. The goal of this analysis is to collect a sufficient amount of data in order to take measures to optimize the effectiveness of the web presentation.

9.4However, personal data are collected and processed only in anonymized form without the possibility of unambiguous identification of the data subject in the above-mentioned ways.

10.Termination of contract

10.1Due to the nature of concluding the Contract through distance communication, the client, who is a consumer, has the right to withdraw from the Contract without any penalty within 14 days of receiving the goods. This right does not apply to a client who is an entrepreneur and concludes the Agreement in connection with his business activity.

10.2In the case of the aforementioned withdrawal from the contract, EkoBIT will send the purchase price to the client's bank account, which the client will notify EkoBIT of for this purpose.

10.3EkoBIT has the right to withdraw from the Contract if the client does not pay the full amount of the price within 30 days from the date of conclusion of the Contract.

11.Final provisions

11.1The rights and obligations of the contracting parties arising from the General Terms and Conditions are governed by the legal system of the Czech Republic, in particular Act No. 89/2012 Coll., Civil Code, as amended, and the General Terms and Conditions are also subject to the jurisdiction of Czech courts for any disputes. If any dispute between EkoBIT and the client will be decided before a general court, the only locally competent court of first instance is the court based on EkoBIT's registered office. However, the contracting parties undertake to make every effort to amicably resolve any disputes arising from or in connection with the contract and GTC.

11.2The client agrees to conclude the contract via the web interface on the EkoBIT website and to delivery to the client's electronic address specified in the order form, or to another electronic address provided by EkoBIT.

11.3The client hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of Act No. 89/2012 Coll., Civil Code, as amended.

11.4Any rights and obligations from the contract concluded between EkoBIT and the client, or the contract as a whole, may be transferred or assigned by EkoBIT to a third party, to which the client gives his consent in advance. The client is entitled to transfer his rights and obligations from the contract concluded between EkoBIT and the client or to transfer or assign the contract as a whole only on the basis of the prior written consent of EkoBIT.

11.5The client acknowledges that EkoBIT is entitled to assign its claim from the contract to a third party. EkoBIT is entitled to set off all its claims against the client, including unpaid claims.

11.6For the contractual relationship between EkoBIT and the client, the GTC as published on the EkoBIT website on the day of conclusion of the relevant contract are binding.

11.7EkoBIT may change or supplement the wording of the General Terms and Conditions. The new version of the GTC will be published on the EkoBIT website. On the day of their publication, the validity of the previous General Terms and Conditions is cancelled. However, this provision does not affect the rights and obligations of the contracting parties arising during the period of validity of the current version of the General Terms and Conditions.

11.8If any provision of the GTC is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision of the GTC does not affect the validity of the other provisions.

11.9Out-of-court settlement of consumer disputes arising from the contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Praha 2, IČO: 000 20 869, internet address: https://coi.gov.cz/informace-o-adr/. Information on the relocation of the original European online dispute resolution platform is available at https://consumer-redress.ec.europa.eu/site-relocation_en.

11.10EkoBIT's contact details are as follows: Ing. Petra Havelková, info@ekobit.cz, 273,132,696.

11.11The GTC take effect on January 6, 2021.