Terms and conditions

TERMS AND CONDITIONS

of the company

4 X Production CZ s.r.o.

registered office: SNP 428, Prachatice II, 383 01 Prachatice

Company ID No.: 08858055

registered in the Commercial Register maintained by the Regional Court in České Budějovice, File No. C 29575

for the sale of goods through an online shop located at www.eshop.xterra.cz.

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter the “Terms and Conditions”) of 4 X Production CZ s.r.o., with its registered office at SNP 428, Prachatice II, 383 01 Prachatice, Company ID No.: 08858055, registered in the Commercial Register maintained by the Regional Court in České Budějovice, File No. C 29575 (hereinafter the “Seller”), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase agreement (hereinafter the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter the “Buyer”) through the Seller’s online shop. The online shop is operated by the Seller on a website located at www.eshop.xterra.cz(hereinafter the “Website”), via the interface of the Website (hereinafter the “Web Interface of the Shop”).

1.2. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting when ordering goods within the scope of their business activity or within the scope of their independent exercise of a profession.

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

1.4. The provisions of the Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language. In the event of any discrepancy between the Czech and English version of these Terms and Conditions, the Czech version shall prevail.

1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This does not affect the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.

2. USER ACCOUNT

2.1. Based on the Buyer’s registration on the Website, the Buyer may access their user interface. From their user interface, the Buyer may place orders for goods (hereinafter the “User Account”). If the Web Interface of the Shop allows it, the Buyer may also order goods without registration directly from the Web Interface of the Shop.

2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data stated in the User Account whenever it changes. The data provided by the Buyer in the User Account and when ordering goods are deemed correct by the Seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.

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

2.5. The Seller may cancel the User Account, in particular if the Buyer does not use their User Account for more than 365 days, or if the Buyer breaches their obligations under the Purchase Agreement (including these Terms and Conditions).

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

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All presentation of goods placed in the Web Interface of the Shop is of an informative nature and the Seller is not obliged to conclude a Purchase Agreement regarding such goods. Section 1732(2) of the Civil Code shall not apply.

3.2. The Web Interface of the Shop contains information about the goods, including the prices of individual goods and the costs of returning the goods, where the nature of the goods does not allow them to be returned by ordinary postal means. The prices of the goods are stated including value added tax and all related fees. The prices of the goods remain valid for the period for which they are displayed in the Web Interface of the Shop. The prices of the goods are adjusted to the Buyer’s person based on automated decision-making. This provision does not limit the Seller’s ability to conclude a Purchase Agreement under individually agreed conditions.

3.3. The Web Interface of the Shop also contains information about the costs associated with packaging and delivery of the goods and about the method and time of delivery of the goods. The information about the costs associated with packaging and delivery of the goods stated in the Web Interface of the Shop applies only in cases where the goods are delivered within the territory of the Czech Republic. If the Seller offers free delivery of goods, the Buyer’s right to free delivery of goods is conditional upon payment of a minimum total purchase price of the delivered goods in the amount specified in the Web Interface of the Shop. If the Buyer partially withdraws from the Purchase Agreement and the total purchase price of the goods in respect of which the Buyer has not withdrawn from the Purchase Agreement no longer reaches the minimum amount required for the right to free delivery of goods according to the previous sentence, the Buyer’s right to free delivery of goods ceases and the Buyer is obliged to pay the costs of delivery of the goods to the Seller.

3.4. To order goods, the Buyer completes an order form in the Web Interface of the Shop. The order form contains in particular information about:

3.4.1. the goods being ordered (the Buyer “adds” the ordered goods to the electronic shopping cart in the Web Interface of the Shop),

3.4.2. the method of payment of the purchase price of the goods, details of the requested method of delivery of the ordered goods, and

3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively the “Order”).

3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered in the Order, including with regard to the Buyer’s ability to detect and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking the “Place Order” button. The data stated in the Order are deemed correct by the Seller. The Seller shall confirm receipt of the Order to the Buyer without undue delay by e-mail to the Buyer’s e-mail address specified in the User Account or in the Order (hereinafter the “Buyer’s E-mail Address”).

3.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs), to request additional confirmation of the Order from the Buyer (for example in writing or by phone).

3.7. The contractual relationship between the Seller and the Buyer is established upon delivery of the acceptance of the Order (acceptance), which the Seller sends to the Buyer by e-mail to the Buyer’s E-mail Address.

3.8. The Buyer agrees to the use of remote communication means when concluding the Purchase Agreement. The costs incurred by the Buyer in connection with the use of remote communication means in relation to the conclusion of the Purchase Agreement (costs of internet connection, telephone calls) shall be borne by the Buyer, and such costs do not differ from the basic rate.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement cashlessly via the GoPay payment system.

4.2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the term “purchase price” also includes the costs associated with delivery of the goods.

4.3. The Seller does not require any advance payment or similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment in cash, cash on delivery or payment at a pick-up point, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 7 days of the conclusion of the Purchase Agreement.

4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s account.

4.6. The Seller is entitled, in particular if the Buyer does not additionally confirm the Order (Article 3.6), to request payment of the full purchase price before dispatching the goods to the Buyer. Section 2119(1) of the Civil Code shall not apply.

4.7. Any discounts on the price of goods granted by the Seller to the Buyer cannot be combined.

4.8. If customary in commercial practice or if so stipulated by generally binding legal regulations, the Seller shall issue a tax document – invoice – to the Buyer regarding payments made under the Purchase Agreement. The Seller is a VAT payer. The Seller shall issue the invoice to the Buyer after payment of the price of the goods and shall send it in electronic form to the Buyer’s E-mail Address.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer acknowledges that pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase agreement for the supply of:

5.1.1. goods made according to the Buyer’s requirements or adapted to the Buyer’s personal needs,

5.1.2. goods that are perishable or goods with a short shelf life, as well as goods which, after delivery, were irreversibly mixed with other goods due to their nature,

5.1.3. goods in a sealed package which are not suitable for return for health protection or hygiene reasons and which were unsealed by the Buyer after delivery, and

5.1.4. audio or video recordings or computer software in a sealed package if the Buyer has unsealed it.

5.2. Unless it is a case referred to in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the Purchase Agreement, the Buyer has the right, in accordance with Section 1829(1) and (2) of the Civil Code, to withdraw from the Purchase Agreement within fourteen (14) days of the day on which the Buyer or a third party designated by the Buyer, other than the carrier, takes over the goods, or:

5.2.1. the last piece of goods, if the Buyer ordered several pieces of goods in one Order which are delivered separately,

5.2.2. the last item or part of a delivery of goods consisting of several items or parts, or

5.2.3. the first delivery of goods, if the regular delivery of goods for an agreed period has been agreed in the Purchase Agreement.

5.3. The withdrawal from the Purchase Agreement must be sent to the Seller within the period referred to in Article 5.2 of the Terms and Conditions. For withdrawal from the Purchase Agreement, the Buyer may use the model form provided by the Seller, which forms an annex to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Agreement, among other methods, to the Seller’s business premises address or to the Seller’s e-mail address info@xterra.cz.

5.4. In the event of withdrawal from the Purchase Agreement, the Purchase Agreement is cancelled from the beginning. The Buyer shall send or hand over the goods to the Seller without undue delay, no later than fourteen (14) days from the withdrawal from the Purchase Agreement, unless the Seller has offered to collect the goods personally. The above period is complied with if the Buyer sends the goods before its expiry. If the Buyer withdraws from the Purchase Agreement, the Buyer shall bear the costs associated with returning the goods to the Seller, including where the goods cannot, by their nature, be returned by ordinary postal means.

5.5. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Seller shall refund all monetary funds received from the Buyer within fourteen (14) days from the Buyer’s withdrawal from the Purchase Agreement, using the same means of payment as those used by the Buyer to make the initial transaction. The Seller is also entitled to return performance provided by the Buyer at the time of returning the goods by the Buyer or in another manner, provided the Buyer agrees and this does not incur additional costs to the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to refund the received monetary funds to the Buyer before the Buyer hands over the goods to the Seller or proves that the goods have been sent back, whichever occurs earlier.

5.6. The Seller is entitled to set off a claim for compensation for damage caused to the goods against the Buyer’s claim for a refund of the purchase price.

5.7. In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the goods are taken over by the Buyer. In such a case, the Seller shall refund the purchase price to the Buyer without undue delay by bank transfer to the account designated by the Buyer.

5.8. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a resolutory condition that if the Buyer withdraws from the Purchase Agreement, the gift agreement regarding such gift ceases to be effective and the Buyer is obliged to return the provided gift to the Seller together with the goods.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. If the method of transport is agreed upon based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with such method of transport.

6.2. If the Seller is obliged under the Purchase Agreement to deliver the goods to a place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery.

6.3. If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with a different method of delivery.

6.4. Upon taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, to notify the carrier without undue delay. If a breach of the packaging indicative of unauthorised interference with the consignment is found, the Buyer is not obliged to take over the consignment from the carrier. This is without prejudice to the Buyer’s rights arising from defective performance and other rights of the Buyer arising from generally binding legal regulations.

6.5. Additional rights and obligations of the parties in connection with the transport of goods may be regulated by the Seller’s special delivery terms, if issued by the Seller.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914–1925, 2099–2117 and 2161–2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. If the subject of purchase is tangible movable property that is connected with digital content or a digital content service in such a way that it could not fulfil its functions without them (hereinafter the “goods with digital features”), the provisions on the Seller’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 evident from the content of the Purchase Agreement and from the nature of the goods that they are provided separately.

7.3. The Seller is liable to the Buyer that the goods are free from defects upon takeover. In particular, the Seller is liable to the Buyer that the goods:

7.3.1. correspond to the agreed description, type and quantity as well as quality, functionality, compatibility, interoperability and other agreed characteristics,

7.3.2. are suitable for the purpose for which the Buyer requires them and to which the Seller has agreed, and

7.3.3. are supplied with the agreed accessories and instructions for use, including installation instructions or assembly instructions.

7.4. The Seller is liable to the Buyer that, in addition to the agreed characteristics:

7.4.1. the goods are suitable for the purpose for which goods of that kind are usually used, considering the rights of third parties, legal regulations, technical standards or codes of conduct of the relevant industry, if there are no technical standards,

7.4.2. the goods correspond in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind which the Buyer may reasonably expect, also with regard to public statements made by the Seller or any other person in the same contractual chain, in particular in advertising or labelling, unless the Seller proves that he was not aware of such statement or that it was modified in a comparable manner at the time of conclusion of the Purchase Agreement, or that it could not have influenced the decision to purchase,

7.4.3. the goods are supplied with accessories, including packaging, installation instructions and other instructions for use which the Buyer may reasonably expect, and

7.4.4. the goods correspond in quality or workmanship to the sample or model provided by the Seller to the Buyer before the conclusion of the Purchase Agreement.

7.5. The Seller is not bound by a public statement referred to in Article 7.4.2 of the Terms and Conditions if he proves that he was not aware of it or that it was modified at the time of conclusion of the Purchase Agreement at least in a comparable manner, or that it could not have influenced the decision to purchase. The provisions of Article 7.4 of the Terms and Conditions shall not apply if the Seller specifically informed the Buyer before the conclusion of the Purchase Agreement that certain characteristics of the goods differ and the Buyer expressly agreed when concluding the Purchase Agreement.

7.6. The Seller is also liable to the Buyer for a defect caused by incorrect assembly or installation which was carried out by the Seller or under the Seller’s responsibility under the Purchase Agreement. This also applies if the assembly or installation was carried out by the Buyer and the defect occurred as a result of deficiencies in the instructions provided by the Seller or by the provider of digital content or a digital content service, in the case of goods with digital features.

7.7. If a defect appears within one year of takeover, it is presumed that the goods were defective already upon takeover, unless the nature of the goods or the defect excludes this. This period shall not run for the time during which the Buyer cannot use the goods if the defect was claimed rightfully.

7.8. If the subject of purchase is goods with digital features, the Seller shall ensure that the agreed updates of the digital content or the digital content service are provided to the Buyer. In addition to the agreed updates, the Seller shall ensure that updates necessary for the goods to retain the characteristics pursuant to Articles 7.3 and 7.4 of the Terms and Conditions after takeover are provided to the Buyer and that the Buyer is informed about their availability:

7.8.1. for a period of two years, if the digital content or digital content service is to be provided on a continuous basis for a certain period under the Purchase Agreement, and if provision for a period longer than two years has been agreed, for the entire agreed period,

7.8.2. for a period during which the Buyer may reasonably expect it, if the digital content or digital content service is to be provided on a one-off basis under the Purchase Agreement; this shall be assessed according to the nature and purpose of the goods, the nature of the digital content or digital content service and with regard to the circumstances at the time of conclusion of the Purchase Agreement and the nature of the obligation.

7.9. The provisions of Article 7.8 of the Terms and Conditions do not apply if the Seller specifically informed the Buyer before the conclusion of the Purchase Agreement that updates will not be provided and the Buyer expressly agreed when concluding the Purchase Agreement.

7.10. If the Buyer fails to carry out an update within a reasonable time, the Buyer has no rights from a defect that arose solely as a result of the failure to carry out the update. This does not apply if the Buyer was not notified of the update or of the consequences of not carrying it out, or if the Buyer did not carry it out or carried it out incorrectly due to deficiencies in the instructions. If the digital content or digital content service is to be provided on a continuous basis under the Purchase Agreement and a defect appears or occurs during the period referred to in Articles 7.8.1 and 7.8.2 of the Terms and Conditions, it is presumed that the digital content or digital content service is provided defectively.

7.11. The Buyer may claim a defect that appears in the goods within two years of takeover. If the subject of purchase is goods with digital features and the digital content or digital content service is to be provided on a continuous basis under the Purchase Agreement, the Buyer may claim a defect that appears in the digital content or digital content service within two years of takeover. If performance is to be provided for a period longer than two years, the Buyer has the right from a defect that occurs or appears during this period. The court shall grant the right from a defect even if the defect was not claimed without undue delay after the Buyer could have discovered it with sufficient care. If the Buyer rightfully claimed a defect from the Seller, the period for claiming a defect does not run for the time during which the Buyer cannot use the goods.

7.12. The Buyer is not entitled to rights from defective performance if the Buyer caused the defect themselves. Defect of the goods does not include wear and tear caused by normal use, or wear and tear corresponding to the degree of previous use in the case of used goods.

7.13. If the goods are defective, the Buyer may demand that the defect be remedied. According to the Buyer’s choice, the Buyer may demand the delivery of new defect-free goods or repair of the goods, unless the chosen method of remedy is impossible or disproportionately costly compared to the other method; this shall be assessed in particular with regard to the significance of the defect, the value the goods would have without the defect and whether the defect may be removed by the other method without significant difficulties for the Buyer. The Seller may refuse to remedy the defect if it is impossible or disproportionately costly, in particular with regard to the significance of the defect and the value the goods would have without the defect.

7.14. The Seller shall remedy the defect within a reasonable time after it has been claimed so as not to cause significant difficulties to the Buyer, taking into account the nature of the goods and the purpose for which the Buyer purchased the goods. To remedy the defect, the Seller shall take over the goods at their own expense. If the remedy requires dismantling of goods whose assembly was performed in accordance with the nature and purpose of the goods before the defect appeared, the Seller shall carry out dismantling of the defective goods and installation of repaired or new goods, or shall pay the costs associated therewith.

7.15. The Buyer may demand a reasonable discount (a reasonable discount is determined as the difference between the value of the goods without defects and the value of the defective goods received by the Buyer) or withdraw from the Purchase Agreement if:

7.15.1. the Seller has refused to remedy the defect or has not remedied it in accordance with Article 7.14 of the Terms and Conditions,

7.15.2. the defect appears repeatedly,

7.15.3. the defect constitutes a material breach of the Purchase Agreement, or

7.15.4. it is apparent from the Seller’s statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial inconvenience for the Buyer.

7.16. If the defect of the goods is insignificant, the Buyer cannot withdraw from the Purchase Agreement (within the meaning of Article 7.15 of the Terms and Conditions); it is presumed that the defect is not insignificant. If the Buyer withdraws from the Purchase Agreement, the Seller shall refund the purchase price to the Buyer without undue delay after receiving the goods or after the Buyer proves that the goods have been sent.

7.17. The Buyer may claim a defect from the Seller from whom the goods were purchased. However, if another person is designated for repair and is located at the Seller’s place of business or at a place closer to the Buyer, the Buyer shall claim the defect from the person designated to perform the repair. Until the Seller fulfils their obligations arising from defective performance, the Buyer is not obliged to pay the outstanding part of the purchase price or any part thereof.

7.18. With the exception of cases where another person is designated for repair, the Seller is obliged to accept complaints at any establishment where acceptance of complaints is possible with regard to the range of goods sold or services provided, or at the Seller’s registered office. When a complaint is made, the Seller is obliged to issue the Buyer with written confirmation stating the date on which the Buyer made the complaint, what its content is, what method of handling the complaint the Buyer requests and the Buyer’s contact details for the purpose of providing information on how the complaint was handled. This obligation also applies to other persons designated to carry out repairs.

7.19. Complaints, including remedy of defects, must be settled and the Buyer informed of the outcome no later than thirty (30) days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. If the subject of the obligation is the provision of digital content, including digital content supplied on a tangible medium, or a digital content service, the complaint must be settled within a reasonable time having regard to the nature of the digital content or digital content service and the purpose for which the Buyer requested it.

7.20. After the expiry of the period under Article 7.19 of the Terms and Conditions without result, the Buyer may withdraw from the Purchase Agreement or demand a reasonable discount.

7.21. The Seller is obliged to issue the Buyer with a confirmation of the date and method of handling the complaint, including confirmation of repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated to carry out repairs.

7.22. The Buyer may exercise rights arising from liability for defects of the goods in particular in person at SNP 428, Prachatice II, 383 01 Prachatice, by telephone at +420 725 944 979 or by e-mail at info@xterra.cz.

7.23. A person who has a right arising from defective performance is also entitled to reimbursement of the costs reasonably incurred in exercising this right. If the Buyer does not exercise this right within one month after the expiry of the period within which the defect must be claimed, the court shall not grant the right if the Seller pleads that the right to reimbursement was not exercised in time. Rights arising from defective performance do not exclude the right to compensation for damage; however, what can be achieved by exercising rights arising from defective performance cannot be claimed on another legal basis.

7.24. Additional rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s complaints procedure.

7.25. The Seller or another person may grant the Buyer, in addition to the Buyer’s statutory rights arising from defective performance, a quality guarantee.

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. The Buyer acquires ownership of the goods upon payment of the full purchase price of the goods.

8.2. The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of Section 1820(1)(n) of the Civil Code.

8.3. The Seller handles consumer complaints via electronic mail. Complaints may be sent to the Seller’s e-mail address. Information on the handling of a complaint will be sent by the Seller to the Buyer’s E-mail Address. No other rules for handling complaints are laid down by the Seller.

8.4. The Czech Trade Inspection Authority, with its registered office at Gorazdova 1969/24, Nové Město, 120 00 Praha 2, Company ID No.: 000 20 869, website: https://adr.coi.cz/cs, is the competent authority for out-of-court settlement of consumer disputes arising from the Purchase Agreement. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer arising from the Purchase Agreement.

8.5. The European Consumer Centre Czech Republic, with its 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 dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

8.6. The Buyer may address a complaint to a supervisory or state oversight authority. The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out by the competent trade licensing office within its remit. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within the defined scope, supervision over compliance with the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.

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

9. PERSONAL DATA PROTECTION

9.1. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of 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 repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the “GDPR”), related to the processing of the Buyer’s personal data for the purpose of performance of the Purchase Agreement, for the purpose of negotiations regarding the Purchase Agreement and for the purpose of fulfilment of the Seller’s public-law obligations, by means of a separate document.

10. COMMERCIAL COMMUNICATIONS AND COOKIES

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

10.2. The Seller fulfils its statutory obligations related to the possible storage of cookies on the Buyer’s device by means of a separate document.

11. DELIVERY

11.1. Notices may be delivered to the Buyer to the Buyer’s E-mail Address.

12. FINAL PROVISIONS

12.1. If the legal relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that such relationship shall be governed by Czech law. By choosing the law pursuant to the previous sentence, the Buyer who is a consumer is not deprived of the protection afforded to them by provisions of the law which cannot be derogated from by agreement and which would otherwise be applicable 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).

12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, such invalid provision shall be replaced by a provision whose 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.

12.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.4. A model form for withdrawal from the Purchase Agreement forms an annex to the Terms and Conditions.

12.5. Contact details of the Seller: registered office SNP 428, Prachatice II, 383 01 Prachatice, e-mail address info@xterra.cz, telephone +420 725 944 979. The Seller does not provide any other means of online communication.

In Prachatice on 19 November 2025