TERMS AND CONDITIONS
of the company
100Mega Distribution s.r.o.,
with its registered office at Železná 7, č. p. 681, 619 00 Brno,
Company ID: 60707968,
registered in the Commercial Register of the Regional Court in Brno, Section C, File 15317
for the sale of services and goods, access to and use of the website www.enbat.com

I. INTRODUCTORY PROVISIONS

1. These terms and conditions (hereinafter referred to as the "terms and conditions") of the commercial company 100Mega Distribution s.r.o., with its registered office at Železná 7, č. p. 681, 619 00 Brno, identification number: 60707968, registered in the Commercial Register of the Regional Court in Brno, Section C, file 15317, govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural or legal person through the Seller's online store and any other relationships. The online store is operated by the seller at the internet address www.enbat.eu, through a web interface (hereinafter referred to as the "store web interface"). Further contacts are listed here. 2. The Terms and Conditions also govern the rights and obligations of the contracting parties when using the seller's website located at www.enbat.eu (hereinafter referred to as the "website") and other related legal relationships. 3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions. 4. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase agreement may be concluded in the Czech language.
5. The seller may amend or supplement the terms and conditions. This provision shall not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.
6. The seller is not bound by any code of conduct.

II. DEFINITION OF TERMS, INFORMATION PRIOR TO CONCLUSION OF THE CONTRACT, WHICH ARE ALSO PART OF THE CONTRACT

1. The Civil Code refers to Act No. 89/2012 Coll., the Civil Code, as amended
2. The Consumer Protection Act refers to Act No. 634/1992 Coll., on consumer protection, as amended
3. The Seller within the meaning of Section 2079 et seq. of the Civil Code is 100MEGA Distribution, s.r.o., as specified in more detail in Article 1(1) of these Terms and Conditions. 4. The buyer within the meaning of Section 2079 et seq. of the Civil Code is a natural or legal person who wishes to purchase goods. 5. A consumer is a natural person who wishes to purchase goods and who is not acting within the scope of their business activities within the meaning of Section 419 of the Civil Code. 6. When the terms and conditions refer to the buyer, this means the person referred to in Article 2(4) of these terms and conditions, regardless of whether they are a business entity wishing to purchase within the meaning of Section 420 et seq. of the Civil Code or a consumer. What is agreed for consumers applies only and exclusively to persons acting as consumers. 7. The seller hereby informs that
- the costs of means of distance communication do not differ from the basic rate (in the case of internet and telephone connection according to the buyer's operator's conditions, the seller does not charge any additional fees; this does not apply to contractual transport);
- it requires payment of the purchase price before the buyer takes delivery of the goods from the seller;
- it does not conclude contracts for the provision of services;
- if the buyer is a consumer, such consumer has the right to withdraw from the contract (unless otherwise stated below), the buyer - consumer may use the withdrawal form here, the deadlines, rights, and obligations of the consumer upon withdrawal are specified in the instructions here
- the buyer - consumer cannot withdraw from the contract:
- for the provision of services, if they have been provided in full; in the case of performance for consideration, only if it began with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur informed the consumer before the conclusion of the contract that the right to withdraw from the contract would be lost upon performance,
- for the delivery of audio or video recordings or computer programs in sealed packaging, if the consumer has broken the seal,
- for the delivery of newspapers, periodicals or magazines, with the exception of contracts for their delivery,
- for the delivery of goods that are subject to rapid deterioration or goods with a short shelf life, as well as goods that, after delivery, have been irrevocably mixed with other goods due to their nature, - for the delivery of digital content that is not delivered on a tangible medium, after the performance has begun; in the case of performance for consideration, if it began with the consumer's prior express consent before the expiry of the withdrawal period, whereby the right to withdraw from the contract expires; - the prices of goods are listed on the website operated by the provider including VAT and all fees stipulated by law, however, the costs of delivery vary depending on the selected method and provider of transport and method of payment;
- If the buyer - consumer has a complaint, they may submit it to the seller here, or they may contact the supervisory authority or state supervisory authority with their complaint.

III. USER ACCOUNT

1. Based on the buyer's registration on the website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the "user account"). If the web interface of the store allows it, the buyer may also order services and goods without registration directly from the web interface of the store. 2. When registering on the website and when ordering services and goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the information provided in the user account in the event of any changes. The information provided by the buyer in the user account and when ordering services or goods is considered correct by the seller. 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 and acknowledges that the seller is not responsible for any breach of this obligation by the buyer. 4. The buyer is not entitled to allow third parties to use the user account. 5. The seller may cancel the user account, in particular if the buyer has not used their user account for more than 365 days or if the buyer breaches their obligations under the purchase contract (including the terms and conditions). 6. The buyer acknowledges that the user account may not be available continuously, in particular with regard to the necessary maintenance of the seller's hardware and software equipment or the necessary maintenance of the hardware and software equipment of third parties.

IV. CONCLUSION OF THE PURCHASE AGREEMENT

1. The web interface of the store contains a list of services and goods offered by the seller for sale, including the prices of individual services and goods offered. The prices of the services and goods offered are inclusive of value added tax and all related fees. The offer to sell services and goods and the prices of these services and goods remain valid for as long as they are displayed on the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated terms. All offers for the sale of services and goods placed on the store's web interface are non-binding, and the seller is not obliged to conclude a purchase contract for these services and goods. The rebuttable legal presumption of an offer within the meaning of Section 1732(2) of the Civil Code does not apply. 2. The web interface of the store also contains information about the costs associated with packaging and delivery of goods. Information about the costs associated with packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic. 3. To order services or goods, the buyer fills out an order form in the web interface of the store. The order form contains, in particular, information about:
3.1. the service or goods ordered (the buyer "places" the ordered services or goods in the electronic shopping cart - orders of the store's web interface),
3.2. the method of payment of the purchase price of the services or goods (hereinafter collectively referred to as the "order").
4. Before sending the order to the seller, the buyer is given the opportunity to check and change the information entered in the order, including the possibility of identifying and correcting errors made when entering the data into the order. The buyer sends the order to the seller by clicking on the "Place binding order" button. This is considered a proposal to conclude a contract within the meaning of Section 1731 of the Civil Code. The information provided in the order is considered correct by the seller. The seller shall confirm receipt of the order to the buyer by email immediately after receiving it, to the email address of the buyer specified in the user interface or in the order (hereinafter referred to as the "buyer's email address"). 5. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone). 6. The buyer acknowledges that the seller is not obliged to conclude a purchase contract, in particular with persons who have previously committed a material breach of their obligations towards the seller or if the terms of the order cannot be fulfilled. 7. The buyer agrees to the use of means of distance communication when concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer. 8. The buyer has no legally enforceable claim to a gift that is delivered with selected services or products. Gifts are delivered for the duration of the promotion or while stocks last, unless otherwise specified.

V. PRICE OF SERVICES AND GOODS, PAYMENT TERMS

1. The buyer may pay the seller for the price of services or goods in the following ways:
1.1. by bank transfer to the seller's account;
1.2. by bank transfer via a payment system;
1.3. by credit card. 2. In the case of cashless payment, the purchase price is payable within 14 days of the conclusion of the purchase contract. 3. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. 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. The seller is entitled to demand payment of the full purchase price before the service is provided or the goods are delivered to the buyer. 5. The period for which the offer or prices of services or goods remain valid is valid for as long as it is offered on the store's website, unless otherwise stated. 6. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document – invoice to the buyer for payments made on the basis of the purchase contract. The seller is a value added tax payer. The tax document – invoice shall be issued by the seller to the buyer after payment of the price of the services or goods and sent in electronic form to the buyer's email address.

VI. WITHDRAWAL FROM THE PURCHASE CONTRACT

1. To withdraw from the purchase contract, the consumer may use the model form provided by the seller in accordance with Section 1830 of the Civil Code, which forms an annex to the terms and conditions (download here), instructions on withdrawal from the contract can be found here.

VII. WITHDRAWAL FROM THE PURCHASE CONTRACT BY THE SELLER

1. Until the service is provided or the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall return the purchase price to the buyer without undue delay, by bank transfer to the account specified by the buyer.
2. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the goods are taken over by the buyer. In such a case, the seller shall return the purchase price to the buyer without undue delay, by bank transfer to the account specified by the buyer. 3. If a gift is provided to the buyer together with the service or goods, the gift agreement between the seller and the buyer is concluded with a condition subsequent that if the consumer withdraws from the purchase contract, the gift agreement regarding such gift shall cease to be effective and the buyer shall be obliged to return the gift provided to the seller.

VIII. TRANSPORT AND DELIVERY OF GOODS

1. The purchase of goods takes place exclusively upon the purchase of a service. The goods are delivered at the place and time agreed upon in the service agreement. If, at the buyer's request, transport by a carrier is agreed, the buyer bears the risk and any additional costs associated with this method of transport. 2. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery. If the buyer does not take delivery of the goods upon delivery, the seller is entitled to charge a storage fee of CZK 190 (in words: one hundred and ninety Czech korunas) or the seller is entitled to withdraw from the purchase contract. 3. If, for reasons on the part of the buyer, the goods must be delivered repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with another method of delivery. 4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging and, in the event of any defects, to notify the carrier immediately. If the packaging is found to have been tampered with, indicating unauthorized access to the shipment, the buyer is not obliged to accept the shipment from the carrier. 5. The buyer is obliged to inspect the goods without undue delay after receipt and check that they are free of defects, in particular mechanical damage that may have occurred during transport. The buyer is obliged to report such defects to the seller without undue delay, but no later than within 24 hours of receipt of the goods. 6. Further rights and obligations of the parties during the transport of goods may be governed by the seller's special delivery terms, if issued by the seller.

IX. RIGHTS FROM DEFECTIVE PERFORMANCE IN SALES TO CONSUMERS

1. The buyer may complain about a defect that appears on the item within two years of receipt, or within one year of receipt for used items. 2. If the subject of the purchase is an item with digital characteristics and if, according to the contract, digital content or a digital content service is to be provided continuously for a certain period of time, the buyer may complain about a defect that occurs or becomes apparent within two years of acceptance. If the performance is to be provided for a period longer than two years, the buyer has the right to claim for defects that occur or become apparent during this period. 3. If the buyer has justifiably notified the seller of a defect, the period specified in paragraphs 1 and 2 shall not run for the time during which the buyer is unable to use the item. 4. The buyer is not entitled to rights arising from defective performance if they caused the defect themselves. 5. Wear and tear caused by normal use or, in the case of used items, wear and tear corresponding to the extent of their previous use, shall not be considered a defect. 6. If the item has a defect, the buyer may request that it be removed. At their discretion, they may request delivery of a new item without defects or repair of the item, unless the chosen method of removing the defect 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 that the item would have without the defect, and whether the defect can be removed by the other method without significant inconvenience to the buyer.
7. The seller may refuse to remove the defect if this is impossible or disproportionately costly, in particular with regard to the significance of the defect and the value that the item would have without the defect. 8. The seller shall remove the defect within a reasonable time after it has been reported, so as not to cause significant inconvenience to the buyer, taking into account the nature of the item and the purpose for which the buyer purchased it. 9. The seller shall take over the item at its own expense in order to remove the defect. If this requires the disassembly of the item, which was assembled in accordance with the nature and purpose of the item before the defect became apparent, the seller shall disassemble the defective item and assemble the repaired or new item or reimburse the costs associated therewith. 10. The buyer may demand a reasonable discount or withdraw from the contract if
 a) the seller refused to remove the defect or did not remove it in accordance with § 2170 paragraphs 1 and 2 of the Civil Code,
 b) the defect appears repeatedly,
 c) the defect constitutes a material breach of contract, or
 d) it is clear from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer. 11. A reasonable discount shall be determined as the difference between the value of the item without defects and the defective item received by the buyer. 12. The buyer may not withdraw from the contract if the defect is insignificant; a defect shall not be considered insignificant. The provisions of Sections 2110 and 2111 of the Civil Code shall not apply.
13. If the buyer withdraws from the contract, the seller shall return the purchase price to the buyer without undue delay after receiving the item or after the buyer proves that the item has been shipped.

X. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

1. In the case of collection of the goods at a branch, the buyer acquires ownership by paying the full purchase price and taking delivery of the goods in accordance with Section 2160 of the Civil Code. In the case of a distance contract and collection of the goods at a place designated by the buyer, the buyer acquires ownership by taking delivery of the goods from the carrier and paying the full purchase price.
2. The seller is entitled to sell goods on the basis of a trade license. The relevant supervisory authorities are responsible for inspection. In the event of a dispute with the seller, the consumer may seek assistance from the Czech Trade Inspection Authority for out-of-court dispute resolution.

XI. PROTECTION OF PERSONAL DATA

1. The protection of the buyer's personal data is provided by Act No. 110/2019 Coll., on the processing of personal data, and by Regulation (EU) 2016/679 of the European Parliament and of the Council (EU) 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 repealing Directive 95/46/EC, as amended, in the valid wording. 2. The Buyer acknowledges that they are obliged to provide their personal data (during registration, in their user account, when placing an order via the web interface of the store) correctly and truthfully and that they are obliged to inform the Seller without undue delay of any changes to their personal data. 3. The buyer confirms that the personal data provided is accurate. 4. We survey your satisfaction with your purchase via email questionnaires. We send these to you every time you make a purchase from us, unless you refuse to receive them in accordance with Section 7(3) of Act No. 480/2004 Coll. on certain information society services. We process personal data for the purpose of sending questionnaires on the basis of our legitimate interest, which is to determine your satisfaction. The processor of this data is exclusively our company. Your personal data will not be passed on to any third party for their own purposes when sending e-mail questionnaires. The buyer can unsubscribe from the questionnaire at the end of each questionnaire received from the seller at their email address. 5. Further details on personal data protection and information on rights are contained in the Privacy Policy, which forms an integral part of these terms and conditions.

XII. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

1. The buyer agrees to receive information related to the goods, services or business of the seller at the buyer's email address and further agrees to receive commercial communications from the seller at the buyer's email address. The buyer may unsubscribe from receiving this information at the end of each newsletter received from the seller at their email address.

XIII. DELIVERY

1. Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other party in text form, either by email, in person, or by registered mail through a postal service provider (at the sender's discretion). The buyer will receive deliveries at the email address listed in their user account.

XIIV. FINAL PROVISIONS

1. These terms and conditions are governed by the valid and effective laws of the Czech Republic, in particular the Civil Code, the Consumer Protection Act, the Personal Data Protection Act, etc. 2. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law, excluding the UN Convention on Contracts for the International Sale of Goods. This does not affect the consumer's rights arising from generally binding legal regulations, in particular the so-called Rome I Regulation. 3. If any provision of the Terms and Conditions is or becomes contrary to the effective law of the Czech Republic, the invalid provision shall be replaced by a provision of effective law that most closely approximates the meaning of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions and the wording of the entire terms and conditions as such. 4. The purchase contract, including the terms and conditions, is archived by the seller in electronic form. 5. The terms and conditions are accompanied by a sample form for withdrawal from the purchase contract and sample instructions. 6. Seller's contact details: delivery address – 100MEGA Distribution s.r.o., Železná 7, č.p. 681, 619 00, Brno, email address – enbat@100mega.cz, telephone number 277 007 500. 7. In the event of a consumer dispute arising between the seller and the buyer - consumer from a purchase contract or a contract for the provision of services, which cannot be resolved by mutual agreement, the buyer - consumer may submit a proposal for out-of-court settlement of such a dispute to the designated entity for out-of-court settlement of consumer disputes, which is:
Czech Trade Inspection Authority
Central Inspectorate – ADR Department
Štěpánská 15
120 00 Prague 2

Email: adr@coi.cz
Website: adr.coi.cz

The consumer may also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/."

These Terms and Conditions shall enter into force on February 9, 2024, and the Privacy Policy forms an integral part thereof.