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  • sd@turbado 19:10 on March 31, 2014 Permalink |
    Tags: agreement, contract, sales rep, ,   

    Turbado | Sales Rep Agreement 

     

    Sales Rep Agreement

     

    This Agreement (“Agreement”) is made and is effective on DATE by and between Turbado.pl Sp. Z o.o. (“Rep”) and Turbado EU LLC (“Company”).

     

    In consideration of the mutual promises contained herein, the parties agree as follows:

     

    1. Definitions.

     

    As used herein, the following terms shall have the meanings set forth below:

     

    A.    “Products” shall mean the following of Company’s products to be sold by Rep:

    Turbado Solutions as offered at local http://www.turbado.xx.

     

    B.    “Territory” shall mean the following described geographic area and/or specific accounts:

    Local country

     

    C.    “Client” shall mean the following a final beneficiary of Turbado Solutions.

     

    1. Appointment.

     

    Company hereby appoints Rep and its managers, employees, subcontractors and any third party used by the Rep as its sales rep for the Products in the Territory, and Rep hereby accepts such appointment.  Rep’s sole authority shall be to solicit orders for the Products in the Territory in accordance with the terms of this Agreement.  Rep shall not have the authority to make any commitments whatsoever on behalf of Company, and be fully responsible for keeping his or her customers duly informed of this limit on Rep’s authority to make agreements on behalf of the Company with the customer. Rep shall not be a contracting party in any agreement between the Company and client.

     

    1. General Duties.

     

    Rep shall use its best efforts to promote the Products and maximize the sale of the Products in the Territory.  Rep shall also provide reasonable assistance to Company in promotional activities in the Territory such as trade shows, product presentations, sales calls and other activities of Company with respect to the Products.  Rep shall also provide reasonable “after sale” support to Product purchasers and generally perform such sales related activities as are reasonable to promote the Products and the goodwill of Company in the Territory, in the line of business Company is in.  Rep shall report weekly to Company concerning sales of the Products and competitive promotional ad pricing activities.  Rep will devote adequate time and effort to perform its obligations.  Rep shall neither advertise the Products outside the Territory nor solicit sales from purchasers located outside the Territory without the prior written consent of the Company.

     

    1. Reserved Rights.

     

    Rep’s task is to solicit orders from all potential end users in the Territory.

     

    1. Conflict of Interest.

     

    Rep warrants to Company that it does not currently represent or promote any lines or products that compete with the Products.  During the term of this Agreement, Rep shall not represent, promote or otherwise try to sell within the Territory any lines or products that, in Company’s judgment, compete with the Products covered by this Agreement.  Rep shall provide Company with a list of the companies and products that it currently represents and shall notify Company in writing of any new companies and products at such time as its promotion of those new companies and products commence. Current Company product list will be attached as an appendix to this agreement. Company will inform Rep about changes in the product list of all provided products in advance, at least 2 months.

     

    1. Independent Contractor.

     

    Rep is an independent contractor, and nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as partners, joint venturers, co-owners or otherwise, or (iii) allow Rep to create or assume any obligation on behalf of Company for any purpose whatsoever.

     

    1. Indemnification by Rep.

     

    Rep shall indemnify and hold Company free and harmless from any and all claims, damages or lawsuits (including reasonable attorneys’ fees) arising out of negligence or malfeasant acts of Rep, its employees or its agents being of the result of Rep’s fault.

     

    1. Indemnification by Company.

     

    Company shall indemnify and hold Rep free and harmless from any and all claims, damages or lawsuits (including reasonable attorneys’ fees) arising out of defects in the Products caused by Company, failure of Company to provide any products to a customer that has properly ordered through Rep, insufficient product service/warranty, time of delivery, website design and properties, mistakes in product description, improper data protection and other actions connected to the subject of the agreement and not being a Rep’s responsibility.

     

    1. Commission.

     

    Sole Compensation.  Rep’s sole compensation under the terms of this Agreement shall

    be a commission computed as follows: 1€ for each collected order by Rep, plus 110% coverage of Rep’s costs of activities taken to fulfill the agreement based on a monthly report provided by Rep at the beginning of the following month and approved by the Company.

     

    Basis of Commission.  The Commission shall apply to all orders solicited by Rep from the Territory that have been accepted by Company and for which shipment has occurred.  No commissions shall be paid on (i) orders from outside the Territory (even if Rep receives the initial inquiry from outside the Territory) unless otherwise agreed in writing by Company.

     

    Time of Payment.  The commission on a given order shall be due and payable within 5 days after receiving Invoice from Rep. Both Sides agree that the invoice for the fees on collected orders by Rep will be paid once per month and all invoices for expenses and costs at least once a month. Rep will issue invoices for costs as often as needed.

     

    Commission Charge-Back.  Company shall have the absolute right to set forth cash discounts, to make such allowances and adjustments to accept such returns from its customers, and to write off as bad debts such overdue customer accounts as it deems advisable.  In each such case Company shall charge back to Rep’s account any amounts previously paid or credited to it with respect to such cash discounts, allowances, adjustments, return or bad debts.  However, Company agrees that the amount of any cash discount provided to a customer and charged back to Rep shall not exceed of the sales price.  Payment to Rep upon receipt of customer payments and for the percentage agreed upon eliminates most of these areas for dispute, which the parties acknowledge herein. Money back from Company to Rep will be based on Rep’s daily report of money back included client name and surname, client order No., amount and currency exchange costs and other costs applied.

     

    Annual Inspection of Records.  Rep shall have the right, at its own expense and not more than once per year, to inspect at reasonable times Company’s relevant accounting records to verify the accuracy of commissions paid by Company under the terms of this Agreement.  If the audit correctly reveals that Company has underpaid Rep by ten percent (10%) or more, then Company shall reimburse Rep for the cost of the audit, in addition to the amount of underpayment.  Unless otherwise stipulated, this date shall be January 31 of each year.  In no event shall an audit be permitted for more than the past 12 months.  Therefore, any amounts possibly due prior to this year and one day, are not subject to review for any reason including fraudulent misrepresentation or any other such claim Rep might make.

    Company shall have the right, at its own expense and not more than once per month, to inspect at reasonable times Rep’s relevant accounting records to verify the accuracy of orders and expenses paid by Company under the terms of this Agreement.  If the audit correctly reveals that Company has overpaid Rep by ten percent (10%) or more, then Rep shall reimburse the Company for the cost of the audit, in addition to the amount of overpayment.  Unless otherwise stipulated, this date shall be 15 of each month.  In no event shall an audit be permitted for more than the past 24 months. Therefore, any amounts possibly due prior to this 2 years and one day, are not subject to review for any reason including fraudulent misrepresentation or any other such claim any party might make.

     

    Company will do everything to allow the Rep to fulfill the agreement. In a case when Rep could not solicit order due to Company’s fault, Company will cover Rep’s monthly expenses and costs.

     

    Collection of consumer’s payments. Rep will assist in collecting payments from clients and send them to Company bank account: in full within 1 working day from receiving the transfer. Rep is not responsible for exchange rate differences.

     

    Product delivery. Rep will assist in product delivery by providing the orders information to the Company or to the logistics company indicated by the Company. Rep will assist in product delivery from Company or the logistics company indicated by the Company to the end user by using Rep’s delivery company. Company will cover the costs of delivery to the end user provided by Rep.

     

    1. Sale ofthe Products.

     

    Prices and Terms of Sale.  Company shall provide Rep with copies of its current price lists, delivery schedules, and standard terms and conditions of sale, as established from time to time.  Rep shall quote to customers only those authorized prices, delivery schedules, and terms and conditions, and modify, add to or discontinue Products following written notice to Rep. Each order shall be controlled by the prices, delivery schedules, and terms and conditions in effect at the time the order is accepted, and all quotations by Reps shall contain a statement to that effect. Rep doesn’t take responsibility for mistakes in pricelists provided by Company.

    Conditions of product. The Company shall offer, sell and deliver only products that comply in full with the European and national laws. Meaning mainly, but not limited to, certificate of conformity, user manual in the country’s official languages, European standards as electricity, plugs, transmission.

     

    Quotations.  Reps shall promptly furnish to the Company copies of all quotations submitted to customers.  Each quotation shall accurately reflect the terms of this Agreement.

     

    Orders.  All orders for the Products shall be made into the Company’s ordering system available on the Company’s website dedicated to the Territory of Rep. All orders shall be sent directly from the customer to the Company with Rep’s coordination and assistance. All orders, once confirmed, establish a direct contract between the Company and the Client.

     

    Acceptance.  All orders obtained by Rep shall be subject to final acceptance by Company at its principal office and all quotations by Reps shall contain a statement to that effect.  Rep shall have no authority to make any acceptance or delivery commitments to customers.  Company specifically reserves the right to reject any order or any part thereof for any reason. All customer’s data, communication and orders shall be verified for accuracy and validated against reality by the Rep to his best efforts and knowledge.

     

    Credit Approval.  Company shall have the sole right of credit approval or credit refusal for customers in all cases, with or without cause.

     

    Collection.  Full responsibility for collection from customers rests with Company, provided that Rep shall at Company’s request assist in such collection efforts.

     

    Bank accounts. The Rep shall establish at least three (3) separate bank accounts under its legal name. The first account shall be used to receive all payments from the Customer and forwarded in full to the Company. The second account shall be used solely for Rep’s expenses and costs, to which the Company will make payments for invoices made by the Rep to the Company. The third bank account shall be used solely for resolving customer’s complaint, partial refunds, refund in full, and any payments towards the customer. Each bank account has a special purpose and shall be used in respect to its purpose and for no other.

     

    Inquiries from Outside the Territory.  Rep shall promptly submit to Company, for Company’s attention and handling, the originals of all inquiries received by Rep from customers outside the Territory. Rep shall also promptly submit a copy of such inquiries to the Rep in the corresponding Territory.

     

    After sales service. Rep will assist the Company to provide after sales services and warranty claims made by the Clients by collecting and validating requests, collecting and verifying Products, and assist in product delivery to the Company or to a third party specified by the Company.

     

    1. Term and Termination.

     

    A. Term.  This Agreement shall commence on the date of signing by both parties and continue for one year thereafter, unless terminated earlier as provided herein. This Agreement shall be terminated by either party in written notice at least 30 Days before termination. If not terminated during the first year, this Agreement shall continue until one party or the other terminates the Agreement with 30 Days written notice.

     

    B. Return of Materials.  All of Company’s trademarks, trade names, patents, copyrights, designs, business models, business methods, ways of doing business, drawings, formulas or other data, photographs, demonstrators, literature, and sales aids of every kind shall remain the sole property of Company, including any improvement, amelioration, enhancement, betterment, innovation or transformation presented, thought of or used by the Rep, Client, Company or any other party. Within 10 days after the termination of this Agreement, Rep shall return all such items to company at Rep’s expense. Rep shall not make or retain any copies of any confidential items or information that may have been entrusted to it. Effective upon the termination of this Agreement, Rep shall cease to use all trademarks, marks, trade name, patents, copyrights, designs, business models, business methods, ways of doing business, drawings, formulas or other data, photographs, demonstrators, literature, and sales aids of every kind of Company.

     

    1. Limitation of Liability.

     

    Upon termination by either party, in accordance with any of the provisions of this Agreement, neither party shall be liable to the other, because of the termination for compensation, reimbursement or damages on account of the loss of prospective profits or anticipated sales or on account of expenditures, investments, leases or commitments in connection with the business or goodwill of Company or Rep. Company’s sole liability under the terms of this Agreement shall be for any unpaid commissions.

     

    1. Confidentiality.

     

    Rep acknowledges that by reason of its relationship to Company hereunder it will have access to certain information and materials concerning Company’s business plans, customers, technology, and products that is confidential and of substantial value to Company, which value would be impaired if such information were disclosed to third parties.  Rep agrees that it shall not use in any way for its own account or the account of any third party, nor disclose to any third party, any such confidential information revealed to it by Company.  Rep shall not publish any technical description of the Products beyond the description published by Company.  In the event of termination of this Agreement, there shall be no use or disclosure by Rep of any confidential information of Company, and Rep shall not use any such information further. Rep shall not manufacture or have manufactured any devices, components or assemblies utilizing Company’s patents, inventions, copyrights, know-how or trade secrets.

     

    1. Notices.

     

    Any notices required or permitted by this Agreement shall be deemed given if sent by certified mail, postage prepaid, return receipt requested or by recognized international delivery service such as FedEx, UPS and DHL:

     

    If to Company: _________________________________________________________.

    (Name & Address)

     

    If to Rep: ___________________________________________________________.

    (Name & Address)

     

    15.  No Waiver.

     

    The waiver or failure of either party to exercise in any respect any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled.

     

    16.  Entirety of Agreement.

     

    The terms and conditions set forth herein constitute the entire agreement between the parties and supersede any communications or previous agreements with respect to the subject matter of this Agreement.  There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein.  No change can be made to this Agreement other than in writing and signed by both parties.

     

    17.  Governing Law.

     

    This Agreement shall be construed and enforced according to the laws of the State of Delaware, of the United States of America and any dispute under this Agreement must be brought in this venue and no other.

     

    18.  Headings in this Agreement

     

    The headings in this Agreement are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of this Agreement.

     

    19.  Severability.

     

    If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

     

    In Witness whereof, the parties have executed this Agreement as of the date first written above.

     

     

     

    _________________________                                            _______________________

    Company                                                                               Rep

     

     

     

     

     
    • turbado_HU 08:03 on April 1, 2014 Permalink | Log in to Reply

      Thanks for the hard work; the text is quite detailed, covers a lot of things… but the numbering isn’t accurate… there are lots of 1-s. we need 1.2 , 2.4 etc. to find the paragraphs easier.

    • turbado_HU 09:53 on April 1, 2014 Permalink | Log in to Reply

      1A “Products” shall mean the following of Company’s products to be sold (??) by Rep:
      Turbado Solutions as offered at http://www.turbado.hu

      product=service (contract)?

      if not

      we should change/complete the sentence to: Company’s product-related service sold by Rep…

    • turbadosk 10:48 on April 1, 2014 Permalink | Log in to Reply

      Hi,
      I have 3 questions:
      1. In ”9. Commissions” > ”Sole Commission” it is stated that Rep gets 110% of cost. Does that mean that if VAT is for example 19%, Rep will charge Company for 109% of costs without VAT and then Rep gets its commission in VAT return (10%)?
      2. Is delivery costs part of Rep cost or it is independent as in article ”Product delivery”?
      3. How shall we manage ”Acceptance” > ”All orders obtained by Rep shall be subject to final acceptance by Company” and ”all quotations by Reps shall contain a statement to that effect”. It will be impossible in real terms to to get permission for each order from each Rep. How shall we obtain this acceptance (in writing) ?

      • sd@turbado 12:40 on April 6, 2014 Permalink | Log in to Reply

        1) because the billing will be done internationally, there is no VAT to be charged. so if you get an invoice from Telekom for 100eur + 21% VAT, then you will invoice the Company with 110eur + 0% VAT.

        2) cost of delivery is part of Rep costs, it is paid by the Rep and then invoices to the Company

        3) it means that the Rep cannot accept anything in the name of the Company. when the customer makes an order, it is accepted by the Company, not by the Rep. The Rep cannot accept anything in the name of the Company. — This is a legal term to say, the Rep cannot sign contracts in the name of the company and that all orders received and agreed by the customer are accepted by the company, not by the Rep

    • turbadocz 20:58 on April 1, 2014 Permalink | Log in to Reply

      I agree that each paragraph should be numbered.

      I also agree that the “product” should be defined more precisely.

      1. Commissions – costs:
        In Barcelona we agreed that we will also have special account for claims where the Company will keep certain amount of money for instant money back guarantee of claims return – this should also be incorporated into the contract.

      I also miss one important statement: Company shell guarantee that the product will be in alignment with the local law (products will be proven to be used on the local marked – e.g. electricity plugs, and also equipped with the description and manual in local language)!

      One comment to using this blog for working on the draft – I do not know if you find it efficient however in my humble opinion using MS Word and its comment features is much more convenient and easy to read.

      • sd@turbado 13:07 on April 6, 2014 Permalink | Log in to Reply

        each paragraph is now numbered

        product is described as any product the company offers. the exact products are not part of this contract and will be subject to offers. The Company will be upgrading its products over time, and will notify the Rep about any changes in the product. That’s why in this contract we only give a general definition to the product.

        I added this paragraph:
        Bank accounts. The Rep shall establish at least three (3) separate bank accounts under its legal name. The first account shall be used to receive all payments from the Customer and forwarded in full to the Company. The second account shall be used solely for Rep’s expenses and costs, to which the Company will make payments for invoices made by the Rep to the Company. The third bank account shall be used solely for resolving customer’s complaint, partial refunds, refund in full, and any payments towards the customer. Each bank account has a special purpose and shall be used in respect to its purpose and for no other.

        and also this paragraph:

        Conditions of product. The Company shall offer, sell and deliver only products that comply in full with the European and national laws. Meaning mainly, but not limited to, certificate of conformity, user manual in the country’s official languages, European standards as electricity, plugs, transmission.

        — I find this blog efficient in the long run, as when we add new countries, this blog will be available for them to read the concepts and to see how we got to the current version of each part of our business. And I think it makes our operation and company very transparent for the customers as well. As we have nothing to hide, so we can show it all publicly

    • juliohernando2014 17:05 on April 24, 2014 Permalink | Log in to Reply

      1. Governing Law. All what this agreement refers is to the activity in the specific countries. The governing law should be the law of the country where the country Rep. is offering its services, exactly the same as it was set up with the managers contract. I also understand that this contract which is quite important and should be translated and signed in bilingual version after being reviewed by local lawyers
  • turbadosk 08:46 on March 31, 2014 Permalink |
    Tags: same day delivery   

    Hi Guys,
    Have any of you found same reliable system of SAME DAY DELIVERY ?

     
    • sd@turbado 10:24 on March 31, 2014 Permalink | Log in to Reply

      usually those companies are not national, rather city oriented companies, like bikers, pizza guys, taxi drivers, but can be also couriers that pickup and deliver inside the same city

    • szabodenes77 10:40 on March 31, 2014 Permalink | Log in to Reply

      Andrej: yes. I found one: HajtásPajtás delivery co.

      • within 90 min 3890 HUF (13€), 8:00-17:00
      • within 240 min 2890 HUF (9,5€), but this service available only between 8:00-15:00

      (in Budapest)

    • turbadocz 09:19 on April 2, 2014 Permalink | Log in to Reply

      Yes, there are some in Prague (and I am sure in other cities too), prices (for small parcels) range from 4 to 20 euros based on size, distance and speed (from 30 min to 6 hours).
      However local warehouses would have to be build and kept with all kind of goods on stock ,etc.

  • sd@turbado 00:36 on March 30, 2014 Permalink |
    Tags: , buyback, eternal, , leasing, life, life long, purchase, rent, rental, renting, , service systems, , , what is, what is turbado   

    What is Turbado 

    Turbado is a service company offering a complete solution for customers and their electronics. Be it the latest iPhone or biggest Samsung TV, Turbado gives customer the ease of mind with its solutions. Instant warranty exchange, anytime upgrade for the newest model, guaranteed buy back program with pre-determined prices. Long term rentals, easy trade-in process, and superior customer care are all present at Turbado, a privately-held company based in Bratislava, Slovakia and operating in each EU country.

    What is Turbado

    What is Turbado

    Turbado is an all-in-one package: Easy Purchase, extended services, innovative business model, incentivised return, re-use, repair and replacement of consumer electronics.

    Purchase:

    • Buy a product based on need and desire
    • Competitive price and 24 months manufacturer warranty
    • Quick and reliable delivery

    Service systems:

    • Providing a service system based on an existing product to extend lifetime and optimise performance.
    • Providing an instant repair or replacement during 24 months

    Rent & Leasing:

    • Long-term rental of products to users with a linked service to extend life and optimize performance.
    • Short term rental of products at strategic points in major cities. Cheaper than ownership for the user. maximizes asset utilization.
    • Business to business rental, cheaper access to a product for the renter
    • Conventional rental of a product for short time – enables access to better products without full cost of product.
    • Long-term benefits of products linked to rich product support

    Incentivised return & re-use:

    • Collection of used products to ensure they are passed on to an appropriate re-use system.
    • Incentivised return – Encourages customers to return used items for an agreed value. Customers gain value for unwanted items and recycle products via a convenient system. Collected products are refurbished and sold for re-use on appropriate markets.
    • Incentivised re-use – Remanufacturing of products to extend their lifetime. Cheaper than full replacement for customers and reduces quantity of materials required to keep an asset running.
    • Asset Management – Collection, refurbishing and re-sale of used products. Reduces the quantity of raw materials required to meet the market need.

    Long life:

    • Long Life – Products are designed to have a long life time with durability, reducing consumption.
    • Reducing consumption – Employer pays employee to buy a computer for use at work and at home, along with a support package. Reduces quantity of products required to meet market need, reducing number of work computers lost and improving employee motivation.
    • Life long services – Superior Support is provided for all customer’s purchases for life long, instant repairs and replacements, incentivised returns or re-uses and replacements when customers needs or desires them. Always in mind to maximize asset utilization and to minimize negative impact on society and environment.

    Turbado Future:

    • Peer-to-peer – Online exchange of products between householders with feedback system. Reduces cost of ownership for users and allows access to a wide range of garments.
    • One service for all – All household products managed under one reliable service for life long. Returning, re-using, replacing anytime and anywhere.
    • everyone everywhere – purchases from any retail channel all come together under one roof. No matter where you buy your electronics, Turbado takes care of you, for you.

     

     

     

     
  • sd@turbado 16:20 on March 29, 2014 Permalink |
    Tags: , bandvulc, dell, kyocera, lego, miele, philips, pley, rolls, rolls royce, techforward, , , xerox   

    Companies and services similar to TURBADO 

    This is a list of companies or services similar to Turbado. Similar in philosophy, execution or in results. I try to provide a short description of those companies and services and in which part they are similar to Turbado.

    • Rolls Royce sell their engine’s thrust as ‘power by the hour’, which includes full in-use monitoring, servicing, repair, re-manufacture and replacement.
    • Xerox sell contract ‘print services’ rather than printers. Printers are designed to be remanufactured and reduce waste in operation (e.g. cartridge free).
    • Philips‘ “Pay Per Lux” solution, so that both the customers and Philips have a vested interest in reducing the energy consumption and prolonging the life of the gear that the customers use.”
    • Bandvulc sell ‘road grip’ (tire support system) rather than tires for heavy trucks.
    • Leasedrive offer long-term B2B leasing of fleet vehicles.
    • Dell and others rent equipment on long-term lease to companies and provide back-up support and service management and upgrades of the ICT / PCs.
    • Amazon trade-in allows users to trade in their books or video games for an amazon gift voucher. The product is then made available for resale.
    • TechForward Guaranteed BuyBack program for Consumer Electronics that lets you return your unwanted electronics any time during 2 years
    • Kyocera’s design concept mean only the toner, rather than the whole toner cartridge, needs to be replaced. As many as 500,000 pages can be printed without replacing anything except toner, significantly reducing waste and cost.
    • Miele design and engineer product for long service life and market it on “lifetime cost” with 10-20 years life.
    • Citrix pay for a bring your own computer to all staff in the company to use on the company’s network for work and home, saving resources and support time, and improving employee motivation.
    • Pley.com rents LEGO’s by the month

     

     
  • sd@turbado 00:13 on March 29, 2014 Permalink |
    Tags: 5444904, conditions, delaware, general conditions, , USA, VAT   

    Turbado | General Conditions 

    General Business Conditions
    for the service of electronics and mobile telephones               and other services – electronic shophttp://www.turbado.eu
     
    1. GENERAL PROVISIONS
    1.1  The general business conditions of                                           the http://www.turbado.eu web portal state the conditionsunder which the company Turbado EU LLC,registered office at 113 Barksdale Pro Center, Newark, DE 19711-3258, United States of AmericaFile Number: 5444904, VAT number: SK4020425222, Bank Accountnumber: SK53 1100 0000 0029 2589 7947, swift code: TATRSKBX, listed in theDivision of Corporations of State of DelawareEntity Name: Turbado EU LLC File number: 5444904, email:hello@turbado.eu, http://www.turbado.eu,   telephone +421552028936, Opening hours: Monday – Friday: 09:00.a.m. – 5:00p.m., responsible manager: Stefan Durina, provides web portal services (including goods) as services of an information                 company in compliance with Act No. 22/2004 coll. on electronic commerce as amended and Act No. 128/2002 coll. on state control of the inner market in consumer protection matters as amended, in the wording of Act No. 284/2002 coll. as amended, to the service recipient (hereinafter “GBC”).
    1.2. The GBC address the rights and duties of the provider of services for the rental of electronics and mobile phones (hereinafter the “provider” or “provider of services”) and the recipient of services related to the rental of electronics and mobile phones (hereinafter the “recipient” or “recipient of services”) in compliance with rules and conditions for the use of this website.  The recipient of services agrees that during the provision of services, the provider has the right to change the business conditions for the provision of these services as well as the GBC, including codes and the price list.
    2. DEFINITION OF TERMS
    2.1. Within business activities as the operator of a web portal, the trade company,Turbado EU LLC, focuses upon the rental of electronic goods and mobile phones via a catalogue of goods (hereinafter the “rented goods”) as well as a catalogue of services.
    2.2. The provider of services is the holder of all rights to the content of http://www.turbado.eu, mainly the rights to the protection of intellectual property such as copyright, software, trademarks, website design and know how within the scope for providing the services. Turbado EU LLC trade company is the provider of services, goods and products from a web portal – the catalogue of goods and other services stated in point 2.4 of these GBC – to the recipient of services (hereinafter the “provider”).
    2.3. The recipient of services is a physical person or legal entity fully competent to perform legal acts, who uses or requires the services provided by the provider based on a contract on the rental of goods and the provision of other services related to the goods in compliance with point 2.4 of these GBC (hereinafter the “recipient”). The recipient is understood to be a non-registered recipient, a registered recipient or a registered recipient with paid access[A1] [SD2] . The recipient of services could be a consumer who uses the services for their own personal use in their household or for their relatives, or in the position of the entrepreneur specified in detail in § 2 para. 2 of the Commercial Code.
    2.4. A service/services are products and services provided by the provider to the recipient of services either free of charge – basic services – or for payment – paid services – depending upon the type of registered and/or paid services and products and the type of user. Apart from access to publicly accessible content, within the services the provider also offers the option to use other content on the internet server, such as space for the registration of recipients as well as information about other services and news on the web portal.
    The provider offers services (paid): short term (less than two weeks[A3] [SD4] ) and long term (more than two weeks) rental of goods and a wide spectrum of related services as benefits instead of simple purchase. recipients of services have access to premium Goods at reasonable prices. The recipient shall pay rent for hiring the products and [A5] [SD6] a deposit in the full price of the goods, and after returning the goods, the provider of services shall deduct the deposit via calculating the balance upon which contracted parties agree in relation to the returned goods and their condition, and the provider shall refund the appropriate sum to recipient’s account and shall issue an electronic invoice for the remainder of the sum. The deposit amount is determined in the offer at Turbado.eu web shop. The basic contract contains the following services as benefits:
    2.4.1      free delivery of goods on the next working day if in stock,
    2.4.2. a 14-day trial period [A7] [SD8] with a 100% money back guarantee,
    2.4.3.    the lifetime option to return the goods based on a price agreed in advance, in compliance with point 2.4.5. of the GBC;
    2.4.4 within two working days from the receipt of the claim, the replacement for the same or a similar model is guaranteed[A9] [SD10]
    2.4.5 refunding the price of contracted goods; the sooner the recipient returns the goods, the higher the percentage of the original price for goods will be refunded by the provider of services under the following conditions:
    •    0-6 months from the date the contract became valid and the date of commencement of rental = 40% of the deposit
    •    6-12 months from the date the contract became valid and the date of commencement of rental = 30% of the deposit
    •    12-18 months from the date the contract became valid and the date of commencement of rental = 20% of the deposit
    •    18-24 months from the date the contract became valid and the date of commencement of rental = 10% of the deposit
    •    each commenced six months is decreased to half of the amount from the previous six months.
    Recipients of services may use the goods in the same as for a classic purchase and have the same user rights to the goods. Recipients of services shall obtain confirmation of deposit paid and the provider of services shall deduct a symbolic 2 cents from this deposit per year as the cost of rental. An invoice of this rental price will be registered[A11] [SD12]  in the provider’s system and shall accessible by the recipient of services.
    A more detailed description of provided services:
    •    The provider of services also operates local online shops in other countries;
    •    Recipients of services select the goods/products in the same way as in other online shops;
    •    Recipients of services select goods/products based on a rental contract and payment of a deposit together with other offered additional services;
    •    Recipients of services order goods/products online/via an order form either personally or via telephone;
    •    Recipients of services do not purchase the product, they hire it and pay a deposit; by ordering, they close a contract on rental with the provider remotely via the internet. The provider shall issue confirmation of a deposit paid to the recipient of services.
    •    The deposit will serve as security for the rented goods against any possible damage, loss or other devaluation.
    •    The cost for rental (rent) in the amount of €0.02 per year will be automatically invoices and deducted by the provider from the deposit paid and the invoice on the deduction of the rent shall be accessible to the recipient online, as agreed by both contracted agreed;
    •    The cost of deterioration and aging of goods provided will be invoiced according to conditions above once the product is returned and inspected by the Provider of service and the invoiced amount will be deducted from the deposit paid.
    •    The goods or products are delivered to the recipient’s address using a courier service, if no other form of transport is agreed, in general on the next working day from the date of expedition.; Orders are processed for expedition within next business day after payment receipt of confirmation of expedition.
    •    The following services will be provided to the recipient of services related to the rental of the goods/products: permanent and immediate accessibility to the products on offer, free delivery of goods on the next working day, 14-days free trial period with a 100% guarantee of a refund, lifetime guarantee of a refund of part of the deposit after returning the product based on conditions determined in advance, guaranteed repair or replacement with the same or similar model within two working days after receipt of the faulty product, conditions apply.
    2.5. Registration of a services recipient is not compulsory for using the basic services of searching the web portal. Registration of a services recipient is compulsory in order to use the paid services.
    2.6. Basic services are provided free of charge by the provider to the recipient without registration/ordering/a contract.
    2.7. Paid services are provided by the provider to the recipient after payment based on registration/an order/a contract.
    2.8. The catalogue of goods is a database of goods and products, stating their technical parameters in detail and stating other specific data, providing information about their activities; the catalogue of services includes services provided by the provider.
    2.9.  An order is an electronic form for ordering a paid service completed by the recipient and accessible on the web portal http://www.turbado.eu and, at the same time, it is an expression of the recipient’s will to sign a contract on the provision of paid services.
    2.10. Electronic communication between the provider and recipient only takes place in the form of electronic delivery of documents or announcements to the other party’s contact email address, or by placing on the provider’s appropriate web page accessible to the recipient of services via the internet; this replaces the requirement for documents to be in written form, as agreed by both contracted parties.  The completion and sending of a form on the http://www.turbado.eu web portal also has the nature of a written advice. If required by law, communication shall be in written form and delivered to the other party’s contact postal address.
    2.11. Relationships between the provider and recipient follow the contract on the provision of services and these GBC from the moment the services commence use by the recipient, including price lists, catalogues and codes related to the GBC and amending the GBC. The GBC form part of the signed contract on the provision of services (hereinafter “contract”). In compliance with provision § 273 of Act No. 513/1991 coll., the Commercial Code as amended, the GBC form an integral part of every such contract unless explicitly agreed otherwise. The contract and GBC are in the Slovak language. The provider archives contracts, documentation on registration, orders and the GBC for the duration of the binding relationships and for at least three years from the provision of services.
    2.12. Before starting to use the services, the recipient of services must become familiar with the GBC and express their agreement with the GBC, either implicitly by starting to use the services (including any freely, publicly accessible content). This applies to an unregistered recipient or explicitly within registration in the case of a registered recipient. Any person not agreeing with the GBC must cease using the services, including the use of freely, publicly accessible content.[A13] [SD14]
    2.13 The supervisory and inspection body controlling the performance of services is the Slovak Trade Inspection, STI Inspectorate for the Košice region, Vrátna 3, 043 79 Košice 1.
    2.14. The recipient of services – a consumer – is a physical person who is not acting within their business activities or other entrepreneurial activities or within their individual job when concluding and executing the contract. The consumer is a person who purchases services for their own needs or for members of their household.
    2.15. The recipient of services – an entrepreneur – is a person listed in the Commercial Register (mainly trade companies), a person who enterprises based on trade licence (an entrepreneur listed in the Business Register), a person who enterprises based on other than a trade licence based on specific regulations (this includes, for example, a freelancer such as solicitors, etc.), or a person who carries out agricultural production and is listed in documentation in accordance with a special regulation.
    3. SIGNING A CONTRACT AND ORDERING SERVICES
    3.1. The provider and recipient of services agree with this method of closing a binding contract and shall consider the contract to be closed in the following cases:
    3.1.1. in case of an unregistered recipient, at the moment when:
    3.1.1.1 they start using the service, or start using freely, publicly accessible content, when the recipient of services stated their agreement with the GBC implicitly;
    3.1.1.2 the recipient of services implicitly expresses their agreement with the wording of the GBC as an integrated part of the contract;
    3.1.2. in the case of a registered recipient:
    3.1.2.1. at the moment of registration of a new recipient of services on the web portal via the electronic form, Registration of a Recipient of Services, accessible on the provider’s website using the registration icon, where the recipient completes the required identification data (mainly their email address, name/name and surname, telephone number), and expresses their explicit agreement with the GBC as an integral part of the signed contract by clicking on the agreement icon, as well as to possible agreement to receive information on interesting news which they send to the provider by clicking on agreement and registration icon.  A recipient of services may cancel their agreement to receiving interesting news at any time by sending an email to the provider’s email address;
    3.1.2.2. by an existing user logging in to the provider’s online services, which will automatically connect to the web portal after inserting their email address and password using the log in section on the “Log in to the web portal” header.
    3.1.2.3. by a recipient of services sending an order/form for paid services.
    3.2. The registration of a recipient of services (hereinafter also an “application”) or starting to use services is at the sole discretion of the recipient. By sending this registration or starting to use the services, the recipient of services confirms that they understood the GBC, are familiar with their wording valid at the time of submitting the registration or application or commence using the services and that these GBC which, in terms of content form an integral part of the contract, control the contracted relationships between the provider and recipient of services.
    3.3. The provider provides an unregistered recipient of services with basic services without an order and free access to the freely accessible content, and allows them to take part in evaluating companies (option to submit a review[A15] [SD16] ) including the necessary space, whilst the mentioned services are not claimable and may be changed at any time.
    3.4. The provider provides a registered recipient with basic registration and basic services without an order and free of charge as well as access to the freely, publicly accessible content, a basic profile in the address book and allows them to take part in evaluating companies, whilst the mentioned services are not claimable and may be changed at any time.
    3.5. Apart from basic services, the provider provides a registered recipient of services with paid access with paid services in the agreed scope based on an order.
    3.6. An order/form for paid services:
    3.6.1 a registered recipient of services shall complete the electronic order form accessible on the provider’s website, where they insert all their identification data (mainly name/name and surname, email address, etc.), the type and scope of services and they express their agreement with the GBC as an integral part of the closed contract. Before confirming an order, the recipient of services verifies that the order is complete and has the opportunity to check the inputted data and to correct possible errors on the form, in compliance with Act No. 22/2004 coll. on electronic commerce. If the recipient of services confirms the order, the order is sent to the provider. By sending an order, the recipient of services confirms that they accept the price for the services in accordance with the current price list accessible on the provider’s website and confirms that they were familiar with the GBC valid at the time of placing the order, and that these GBC which, in terms of content form an integral part of the contract, control the contracted relationships between the provider and recipient of services.
    3.6.2 the provider shall immediately send the recipient of services electronic confirmation of the order for services, shall organise the required services and start providing the paid services. At the same time, the provider issues invoices at intervals of not less than one year and make them accessible in their system, accessible to the recipient after they log in. Alternatively, they will send the recipient an invoice to the address stated in order/form.
    Ordering services:
    3.7.        The recipient of services orders selected goods and services via an order form. Sending an order form is considered to be a proposal for signing a Contract on the rental of tangible items – goods – the provision of related services (hereinafter the “Contract”).
    3.8.        The recipient of services declares that they were made familiar with the current offer from the provider of services and goods, with the prices for the services and goods based on the valid Services Price List (hereinafter the “Price List”).
    3.9.        An order for services must mainly contain the following:
    a)   all the accurate identification data, address, telephone number and email address of the recipient of services;b) Tax ID, VAT No.;c)   other up to date invoicing data;d)   complete data for the provision of services, which is:

    • the correspondence address, if not the address of recipient of services;
    • code, name of goods, number and price;
    • code of the ordered service;
    • closer specification of goods or services;
    • term and scope, as agreed;

    e)   amount of deposit or price of the ordered rental services excluding and including VAT; f)   a declaration confirming that the recipient of services is familiar with these general business conditions, which form an integral part of the Contract and is in full agreement therewith, g)   a declaration that they were told of the possibilities and conditions for withdrawing from the Contract, h)   a declaration that all the stated data is true.

    3.9. The provider of services is only bound by an order which they lawfully accepted. A legally accepted order is considered to be a timely written declaration by the provider of services addressed to the recipient of services, in which the provider of services confirms that they accept the order from the recipient of services. A timely accepted order becomes effective upon delivery of acceptance of an order to the recipient of services to the email address stated on the order form. Silence or inactivity by the provider of services does not confirm acceptance of an order. By accepting an order and deposit, the provider of services undertakes to perform the services in accordance with the order and GBC.
    3.10. For the purposes of these GBC, a properly sent and accepted order, together with the General Business Conditions, is further considered to be a contract.
    3.11. The provider of services is also authorised to refuse the signing of a Contract implicitly or without giving a reason. The recipient of services does not have an automatic right to sign a contract if the provider of services has a legitimate reason.
    3.12. Unless explicitly stated otherwise in these GBC, any changes to the Contract may only be made in the form of numbered, written amendments which must be signed by both contracted parties.
    3.13. The provider of services shall implement the ordered services in the required quality, quantity and in terms precisely in accordance with the conditions stated in the order. The provider of services may propose an extension of the term for delivering the goods and services stated in the order and immediately inform the recipient of the services of this extension. If the recipient of services does not agree with an extension of the term and the recipient of services does not agree another term with the provider of services, the Contract will not be closed.
    4. PERIOD FOR PROVIDING SERVICES
    4.1. The Contract is signed for an undetermined period unless contracted parties agreed otherwise, or the period is stated for a particular case in the contract or GBC.
    4.2 The delivery period for the services is stated in the order after the mutual agreement of contracted parties. In the opposite case, the period for first providing the services is within 30 calendar days from confirmation of the order.
    5. COPYRIGHT
    5.1. During the provision of services by the provider, the recipient of services is authorised to personally use the service as well as items which are subject to the protection of intellectual property, such as copyrights made accessible by the provider in relation to the services, but only for their own/personal needs, in real time on one computer or other technical equipment allowing them to use the services, and only via the access to the services within the scope stated in the contract/order and the GBC. This authorisation is non-transferable and non-exclusive.
    5.2. The recipient of services undertakes not to change, block or otherwise disturb, overload or damage the good name of the web portal or to damage the good name of the provider. They further undertake not to threaten or disturb the web portal’s operation, not to threaten, disturb, bypass or break through the security of the web portal and the provider’s security means, or to obtain the personal data of other recipients (e.g. their log in names or passwords).
    5.3. At the moment of registration and/or starting to use services, the recipient of services undertakes to use the service in compliance with the GBC, including codes, legal regulations and the provider’s instructions, and undertakes to adhere to the GBC including codes.
    5.4. The recipient of services agrees that the provider may, at any time, inspect whether the recipient is using services within the scope and conditions stated in the GBC and check adherence to the GBC by the recipient; the recipient of services must allow the provider to exercise their rights to inspect.
    5.5. The recipient undertakes to adhere to the law and to protect the authorised interests of the provider and third parties. The recipient must not use the services for any legal activities or activities which are in contradiction with good conduct, and when using the services, must not save content which is in contravention of legal regulations or these GBC, business practice or good conduct.
    5.6. When using the services, the recipient of services must protect items which are the subject of the protection of intellectual property rights of the provider and third persons, and which are placed on the web portal (mainly copyrights, trademarks), the use of which the provider permits the recipient within the provision of the services. The recipient of services undertakes not to interfere with copyrights or other items which are the subject of the protection of intellectual property rights on the web portal, mainly not to use them and make them accessible to the public in any way other than that stated in these GBC or by law.  The recipient of services undertakes not to modify or in any way interfere with items placed on the web portal which are the subject of the protection of intellectual property rights of the provider or third persons, and not to copy, distribute or circulate to the public, or use any content belonging to the provider or third persons outside the copy of their own needs, if the content is protected by technical protective means. The recipient is only authorised to peruse the content and, in such cases, it must not be copied, even if for their own needs.
    5.7. The recipient of online services has no right to provide, lend, transfer, rent or otherwise provide third persons with permission to access the online services either fully or partially, permanently or temporarily, free of charge or paid, without the provider’s prior written consent. The recipient must secure their identification and/or registration data against abuse, including passwords for access to services, and mainly do not pass them on to third persons.
    5.8. If the recipient of online services discovers that third persons have violated intellectual property protection rights, the recipient undertakes to immediately inform the provider of such a violation or threat of violation.
    6. DELIVERY CONDITIONS FOR SERVICES AND RENTAL GOODS
    6.1. The provider shall always supply services of good quality, properly and timely, in accordance with the requirements stated by the recipient of services in electronic form/order, if these are not in contradiction with the provisions of these GBC and are not stated otherwise in this contract.
    6.2. Contracted parties agreed upon closing a contract for services in compliance with point 2.4 of these GBC, including a contract on the rental of goods (tangible items).
    6.2.1 Via this contract, the provider (as the lessor) of goods to the recipient (as the lessee) relinquishes the ordered goods for temporary use for common purposes in a condition facilitating normal use, and the receiver (lessee) undertake to pay the provider (lessor) an agreed amount as well as an agreed deposit.
    6.2.2. Based on this contract, the recipient (lessee) has the right to use the ordered goods (hereinafter “item”) in a way appropriate for its nature and purpose and in compliance with this contract.
    6.2.3. If the rented item has faults preventing or hindering its proper use, the recipient (lessee) has the right to be provided with another item serving the same purpose. The guarantee period is a minimum of two years.
    6.2.4. The recipient (lessee) undertakes to pay the provider (lessor) a one-off deposit as security. The recipient (lessee) also undertakes to pay the provider (lessor) rent in accordance with the Price List, usually a fixed amount of €0.02 per annum and a fee for deterioration and aging of goods provides once returned and inspected by the lessor. The rental fee is invoiced and paid annually in arrears by the 15th day of the month. The fee for deterioration and aging is invoiced and paid once the product is returned and inspected by the lessor. A proportional part of the deposit paid shall be used for these payments. If the lessee returns the hired item within 14 days from signing this contract, in the condition as delivered, they have the right to a refund in an amount equal to the full sum of the rental within three working days from delivery of the item to the lessor.
    6.2.5. If the leased item has faults preventing it or hindering it from being properly used, the lessee has the right to a replacement of such an item for a functional item for the duration of the guarantee period, which is a minimum of two years. After expiry of the guarantee period, repairs and maintenance are paid in full by the lessee or agrees on the further use of the rented item with limitations and faults.
    6.2.6. The right to be excused from paying the rental fee or to a discount must be requested from the lessor within 30 days from the discovery of an irreparable fault during the guarantee period.
    6.2.7. A lease is signed for an undetermined period from the date of receipt of the rented item, unless stated otherwise in the order.
    6.2.8. The recipient (lessee) undertakes to immediately inform the provider (lessor) of any damage, loss or destruction of the rented item, as well as of any other changes.
    6.2.9. The lessee’s liability for damage follows the appropriate provisions of the Civil Code on liability for damage, if not stated otherwise in these GBC, and liability mainly occurs if the damage caused by incorrect or inappropriate use of the items.
    6.2.10. The recipient (lessee) is authorised to sub-rent items, pass to a third party, even without the lessor’s consent, as well as to handle the rented item as they wish without any limitations by the lessor.
    6.2.11 This contract terminates via the withdrawal of the lessee from the contract and the return of the rented item. The lessee may withdraw from the contract at any time by returning the rented item.
    The rental contract terminates upon the expiry of the period for which it was signed or by exhaustion of the deposit or by refunding the deposit.
    The lessor has the right to withdraw from the contract but has no right to the return of the rented item.
    6.2.12. After the termination of the rental period, the lessee undertakes to return the rented item to the lessor in the condition in which they received it, taking normal wear and tear and reported damage into consideration. The level of wear and tear and damage shall be evaluated by the lessor upon the return of the rented item and they shall issue an electronic invoice related to this wear and tear, and the deposit shall be used for payment thereof, with which the recipient agrees. The remainder of the deposit shall be returned to the lessee or used in a new contract, in accordance with the lessee’s wishes.
    6.2.13 If the recipient (lessee) returns the item after the period agreed in the contract, they undertake to pay the rental until the item is returned.  If the lessee is late in returning items, they must pay a contracted penalty for being late in the amount of 0.05% of the price of the goods for each late day.
    6.2.14. The rental contract terminates when the rented items are returned. This does not affect the right to compensation for damage.
    6.2.15. If the item is lost, the lessee must pay the rental fee until they report the loss of the item to the appropriate state authorities and these authorities find the holder of the item, or until the lessor learns of the loss in another way. The lessee is not liable for any other financial payments apart from the deposit paid.
    6.3. The rental contract terminates via withdrawal from the contract by the provider, if the recipient of services violated some of their duties in accordance with these GBC and did not rectify the violation within the period stated for rectification.
    6.4.        Withdrawal from the contract becomes effective when the provider of services delivers information about this fact to the recipient of services in writing or by email.
    7. PRICE FOR SERVICES
    7.1. The price for establishing and providing paid services to the recipient is always stated in accordance with the provider’s current price list accessible on the provider’s website and in compliance with Act No. 18/1996 coll. on prices as amended, which forms an integral part of these GBC and the whole contract.
    7.2. Recipients of services have access to premium Goods at competitive prices. The recipient shall pay a deposit in an amount equal to the full price of the goods.  If the recipient of services decides to return the goods, the provider of services shall deduct a determined sum from the deposit in compliance with point 2.4.5 of the GBC for the period the recipient used the goods and depending upon the condition of the returned goods.  The provider shall return the appropriate sum to the bank account and issue an electronic invoice for the services provided. The invoice shall be paid in full from the already paid deposit. The amount of the deposit is determined in the order. The provider is authorised to change the price list, the structure and level of prices for services or products under the conditions stated in the GBC.
    7.3. The recipient of services is late in payment of their obligation if:
    7.3.1      there was a proposal given to the appropriate court for the bankruptcy of the recipient of services or a proposal for permission for restructuring, if there is a decision about the recipient of services going into liquidation, if there is bankruptcy or restructuring proceedings against the recipient of services or there is a decision related to (I) the majority of the recipient’s property or (II) the recipient’s entire property;
    7.3.2.    bankruptcy is declared against the recipient or restructuring was permitted, or a proposal for bankruptcy was refused due to the recipient of services having insufficient property;
    7.3.3.    The recipient of services is insolvent or declares in writing that they are unable to properly pay the debt;
    7.3.4.    The recipient of services was dissolved, sold or otherwise used all or the majority of their assets, or ceased the majority of their original activities;
    7.3.5. The recipient of services (I) merges with another subject, (II) divides the company, or (III) transfers all or the majority of their business assets to another subject and if, during the merger, division or transfer, the main successor or the acquiring subject did not overtake all the recipient’s obligations pursuant to the law or the contract in terms of satisfying the provider’s requirements, as stated in the contract;
    8. PAYMENT PROCEDURE FOR SERVICES
    8.1. After receiving an order from the recipient and providing the recipient with paid services, the provider shall issue a receipt for the sum corresponding to the paid deposit for the provision of services in accordance with the current price list and makes it available to the recipient in electronic form via their system or sends it by email to the address stated on the order, or sends it to the recipient’s address together with the goods or separately. The paid deposit will be used for paying the annual invoiced sum which will be deducted from the paid deposit, as agreed with the recipient of services.
    8.2. The recipient of services undertakes to properly and timely pay the price/deposit for the provided paid services in accordance with the contract and/or the provider’s current price list by the day of receipt of the goods. The date of payment of the price/deposit is understood to be the day the sum reaches the bank account of the provider of services. If the invoice is not paid on time, the recipient of services shall pay a contracted penalty of 0.05% for each day of late payment.
    8.3. The deposit shall be used for the payment of all future rental payments for which an invoice is issued. If the invoiced part of the price does not reach the provider’s bank account by the twentieth (20th) day from date of issue of an invoice and if the amount of deposit paid is insufficient, the contract on the provision of paid services becomes invalid and ineffective and the provider ceases providing the paid services to the recipient and temporary access by the recipient to the paid services will be cancelled.
    8.4. For re-establishment of the paid services to the recipient, whether the provision of the services was interrupted at the request of the recipient or as a result of non-payment of the price for the provision of the paid services, the provider shall charge the recipient a fee for the reinstatement of the paid services, as stated in the provider’s current price list.  The provision of paid services shall be reinstated for the recipient upon receipt of this sum in the provider’s bank account.
    8.5. If there is a change to the paid services, the price for the changed paid service will be charged from the date of change to the paid service by the provider.
    8.6. If paying from abroad, the recipient undertakes to pay all bank charges so the provider’s bank account shall receive payment for the paid services in the full amount.
    9. RIGHTS AND DUTIES OF THE RECIPIENT OF SERVICES
    9.1. The recipient of services undertakes to become familiar with the GBC as well as with the code and content of the rules for using the services before starting to use the web portal/services.
    9.2. This web portal and services may only be used by the recipient of services who agrees with the GBC and, during use, adheres to other legally binding regulations.
    9.3. The recipient of services respects and agrees that they are responsible in full for:
    9.3.1. the content of the inputted data inputted by them within using the services must be factual, true, must not contravene legal regulations, mainly the Civil Code, the Commercial Code, copyright, must be in compliance with good and honest business practice, and must not interfere with the protected interests of the provider or third persons;
    9.3.2. the use of the web portal/online services to which equal legal, moral and ethical rules apply as for any other form of publicly accessible encounters;
    9.3.3. the content of the http://www.turbado.eu web portal may be modified at the provider’s own discretion at any time without prior warning or the recipient’s consent, whether removing any of the content or completely stop operating the web portal; the recipient may therefore permanently or temporarily lose access to the content of the provider and third parties, as well as to the content of the service recipient’s data;
    9.3.4. violating the contract, GBC or code by the recipient of services authorizes the provider to remove the content of the service recipient’s data, to immediately interrupt and/or stop providing the services and block the recipient’s access to services.  If access is blocked, this automatically results in the termination of the effectiveness of the contract and in case of a registered recipient, also their registration; on the provision on compensation for damage remain valid.
    9.4. In their registration/application/order/form, the recipient of services undertakes to state true, complete and accurate data and inform the provider in writing of any changes in their identification data; if these changes are not reported, the original data is decisive and the recipient of services is liable for any possible damage.
    9.5. The recipient of services further undertakes to inform the provider of services without delay of all faults in the provision of services in compliance with these GBC, and to immediately inform the provider of all facts which could adversely influence the provision of services by the provider.
    9.6. The recipient of services undertakes to backup their data.
    9.7. The recipient of services (a physical entity) agrees with the administration, processing and archiving of their personal data by the provider, as an administrator, for the necessary period in compliance with Act No. 122/2013 coll. on the protection of personal data, if the recipient completed this data or the provider obtained it via a registration, application or within the recipient’s access to services. By sending a registration, application or starting to use the services, the recipient confirms that all the data completed by them, including personal data if provided, is true and accurate, and they confirm that before giving their consent, they were informed of all the rights applicable to them arising from the above mentioned consent, mainly about the fact that providing personal data is voluntary, that as the subject of the personal data, they have access to this data and that they may withdraw this consent at any time in writing to the provider’s address; this does not apply in cases where the processing of personal data is based on duties stated in legal regulations. The provider has the right to authorize a third person to process the personal data within the legal level. By signing a rental contract, the recipient of paid services permits the provider, in accordance with the contract on business representation pursuant to § 652 of Act No. 513/1991 coll.  of the Commercial Code and Act No. 122/2013 coll. on the protection of personal data as amended, the provision of their personal data to a third country, particularly the USA, to the company Turbado EU LLC.
    9.8. The recipient of services agrees that the provider will send, via the email address stated in the registration/application, information about the provision of the service or other services, as well as business announcements in compliance with provision § 4 para. 6 of Act No. 22/2004 coll. on electronic commerce as amended and Act No. 128/2002 coll. on the state inspection of the inner market in consumer protection affairs as amended, and Act no. 284/2002 coll., the Electronic Commerce Act, as amended.  The recipient has the right to withdraw consent for the use of their electronic contact data at any time, as well as to decline the sending of business announcements from the provider’s business department via the provider’s contact data on the provider’s website. Business announcements do not include technical and operational information and information related to a registration, application or services.
    10. RIGHTS AND DUTIES OF THE PROVIDER OF SERVICES
    10.1. The provider of services provides the recipient with the opportunity to use the web portal services free of charge or for a payment, in compliance with the GBC.
    10.2. The provider of services has the exclusive right to change the web portal, including changes to the provision of services and these GBC without notifying the recipient in advance or without their consent.
    10.3. The recipient shall be informed about changes to the provision of services and GBC as well as the data of effectiveness of the current wording of the GBC via a notification on the provider’s website.  If the recipient of services does not explicitly express their disagreement with these changes in writing within seven (7) from being notified of the changes to the provided services or GBC, the changes are considered as approved by the recipient and shall become effective on the date of the changes. The recipient of services has the right to withdraw from the contract, and from the use of services, in writing in the form of a recorded letter within seven (7) days from being notified of the changes.
    10.4. The provider of services has the right to restrict, interrupt or stop providing the services for any reason, e.g. necessary administration, maintenance, repair, and even without giving a reason, without giving prior notice to the recipient and without their consent. The provider has the right to restrict, interrupt or stop providing a service, remove the recipient’s content and block access by the recipient to the service, mainly if the service was abused of there is a suspicion that the service was abused by the recipient or a third person, as well as in other cases of a severe violation of the service recipient’s duties, the GBC or legal regulations.
    11. TERMINATION OF THE CONTRACT
    11.1. The contracted relationship ceases in the cases stated in the GBC, mainly by written notice from the provider or recipient of services with immediate effect or by written withdrawal from the contract.
    11.2. A recipient who is a consumer pursuant to § 52 para. 4 of Act No. 40/1964 coll. of the Civil Code as amended has the right to withdraw remotely from the contract in compliance with provision § 12 of Act No. 108/2000 coll. within seven working days from signing the contract. The recipient is aware that the stated right is limited by the fact that this period is only shortened to the moment the provider starts to provide the service, if the services are provided in compliance with provision  § 12 para. 5 item a) of the cited law. A recipient is not such a consumer may withdraw from the contract in the cases stated in the Commercial Code.
    11.3. A violation of the provisions of these GBC including the business conditions by the recipient of services is considered to be a violation of the contract and may be a reason for immediate interruption and/or stoppage in the provision of services.  Unless stated otherwise in the GBC, the provider is authorized to withdraw from the contract with immediate effect and the recipient loses the right to the return of an already paid deposit, or the provider does not lose the right to be paid the price for the services for the whole invoicing period.
    11.4. When the contract is terminated for reasons attributable to the recipient of services, the recipient must pay the provider all costs incurred by the provider related to the establishment or cancellation of providing the services.
    11.5. Withdrawal from the contract by the provider of services is also executed at the moment when the provider, in compliance with the GBC, stops providing services to the recipient and blocks access by the recipient to the services if the recipient violates the rules for the provision of internet services, the use of the portal or the method for using the services which may be considered as a vexatious execution of rights by the recipient, or an execution of rights in contradiction with good conduct or honest business practice; this terminates the recipient’s registration as well as the contract.  Cancellation of or withdrawal from the contract by the recipient of services – the consumer – for legal or contractual reasons is carried out by delivery of an expression of this wish to the provider’s address, stating the service provider’s invoice number; in case of withdrawal from the contract, the contract terminates when the recipient expresses their wish to terminate the contract and this is delivered to the provider of services.
    11.6. Termination of the contract terminates all the service recipient’s authorization to use the given services.
    11.7. Termination of the contract does not affect provisions related to sanctions, the protection of personal data and provisions related to such rights and duties from the nature of which it arises that they should also continue after cancellation/withdrawal (mainly the duty for financial settlement for the provided services before cancellation/withdrawal from the contract).  Following cancellation of the contract, it is not compulsory for the provider of services to return any part of the price received from the recipient of services, unless the contract or the law explicitly states otherwise.  All non-invoiced and/or unpaid financial obligations and receivables applicable after termination of the contract shall be settled with fourteen (14) days following termination of the contract.  The lessor undertakes to return a proportional part of the deposit to the recipient following general business conditions.
    12. LIABILITY FOR FAULTS AND DAMAGE
    12.1. The provider of services is responsible to the recipient for allowing access to paid services, properly providing services within the scope stated in the contract and GBC, and for their authorization to provide the services.
    12.2. The provider of services explicitly warns the recipient and the recipient is aware and agrees with the following:
    a) information made accessible by the provider of services on the web portal is not binding and is of an informative nature, is not a recommendation, offer or proposal for signing a contract, unless explicitly stated otherwise in the GBC;b) the provider of services is not responsible for the accuracy or completeness of such information or whether it is updated;c) in accordance with Act No. 22/2004 coll. on electronic commerce as amended and Act No. 128/2002 coll. on the state control of the inner market in consumer protection affairs as amended and Act No. 284/2002 coll. as amended, the provider of services is fundamentally not responsible for the recipient’s content;d) the provider of services is not responsible for and does not provide the recipient of services with any guarantee for continuous or faultless functioning of the web portal including references to the websites, for continuous or faultless provision of services, their accessibility or connection speed, or for the fact that they are suitable for the recipient’s intended purpose;e) the provider of services does not need to save the recipient’s data placed on the web portal,f) in case of email communication, information included in emails is not secure (encoded).
    12.3. The recipient is aware and agrees that they use the service at their own responsibility and risk, and that all costs for the use of the remote means of communication necessary for the recipient to use the services are borne by the recipient.
    12.4. The recipient is further aware that the provider is mainly not responsible for faults with services or loss of the recipient’s data or other damage or loss, directly or indirectly caused by the incorrect selection of the service by the recipient, the incorrect use of results obtained using the service, violation of the recipient’s obligations arising from the GBC, e.g. interfering with the web portal and/or services by the recipient, not adhering to the provider’s instructions (mainly incorrect use or abuse of the web portal and/or service), faults or failures of workstations used by the recipient, or the recipient’s other hardware or software, inaccurate, incomplete or outdated information accessible on the web portal, loss or use of data caused by an interruption, restriction or stoppage in the provision of services for the recipient including removal of their content (mainly the recipient’s posts or personal profile) in accordance with the GBC, in case of intervention by third persons or circumstances precluding responsibility including a force majeure, for the impossibility of the recipient to connect to the web portal, in case of faulty equipment belonging to third persons or faults caused by another unforeseen event not related to the origin of the provision of the service or any other events not arising from the provision of the service by the provider and not the provider’s fault. The provider’s liability for damage when providing services in accordance with these GBC is therefore not stated in the cases mentioned below and the provider does not compensate for damage (including lost profit).
    12.5. If the services is interrupted or limited for reasons attributable to the provider, the provider’s liability to the recipient is only limited to liability for reinstating the provision of services; the provider does not have this duty in case of stoppage of the provision of services. The recipient has no right to make any claims for responsibility for faults or damage (including lost profit).
    12.6. The contracted parties agreed that all the provider’s obligations in relation to their responsibility for faults with services and damage are stated in the GBC, mainly in the provisions of this article of the GBC.
    12.7. If the provider violates duties which exclude liability for damage and limits the compensation for damage in accordance with the GBC or the law, and if such a violation causes provable damage to the recipient, the recipient only has the right to require the provider to compensate for provable, direct damage (not lost profit) apart from damage caused by events precluding liability and cases in accordance with § 374, § 376, 384 and 385 of the Commercial Code, provably caused by the provider. The contracted parties base the generation and limitation of damages to an amount not exceeding the level of the recipient’s order.
    12.8. The recipient is liable for damage caused to them, to the provider or third persons, mainly caused by the recipient’s content as well as by the fact that they provided false, incorrect or misleading data. The recipient is also fully responsible to the provider for damage caused by third persons whom they allowed to use the services. The recipient undertakes to pay compensation for damage immediately at the provider’s request.
    1. Claims policy – liability for faults and the guarantee period 
    13.1.      This valid claims policy applies to claims procedures. The provider is responsible faults in services and the recipient must immediately make a claim in writing to the provider in accordance with this valid claims policy. The claims policy is related to services procured by the recipient from the provider in the form of electronic commerce on the provider’s website.
    13.2.      By submitting an order to the provider, the recipient of services – the consumer – confirms that they have read the claims policy in full and agree with the claims policy and simultaneously confirmed that they were properly informed of the conditions and method for making a claim for services, including data on where a claim may be made and on providing repairs under guaranteed pursuant to § 18 para. 1 of Act No. 250/2007 coll. on consumer protection as amended (“Act”).
    13.3.      The recipient only has the right to make a claim to the provider for services under guarantee which show faults and errors caused by the supplier or provider, and the guarantee is related to services purchased from the provider.
    13.5.      Claims policy in this form applies to all business deals unless other guarantee conditions are agreed in the contract.  Information about service locations for guarantee and post-guarantee service shall be provided to the recipient, if required, by telephone or email.
    13.6.      The recipient of services undertakes to carry out an inspection upon receiving the services. If they do not do so, they may only claim for faults discovered during this inspection if it is proven that these faults in the services already existed at the time of receipt.  During the guarantee period, the customer has the right to correction of faults free of charge after submitting a claim including accessories, documentation and the manual to the provider’s authorised representative, together with a document proving payment or a guarantee certificate.
    13.7.      If the services demonstrate faults, the recipient – consumer – has the right to make a claim to the provider in compliance with provision  § 18 para. 2 of Act No. 250/2007 coll. on consumer protection as amended, so they deliver the service to the provider’s address or premises and make the claim in writing and deliver it to the provider. Within the claim, the recipient accurately states the type and scope of faults. The recipient also has the right to claim for services with persons authorised by the manufacturer/provider to carry out repairs under guarantee (hereinafter “designated person”). A list of designated persons is given in the guarantee certificate or shall be sent to the recipient by the provider at their request.
    13.8.      Claims proceedings for services which can be delivered to the provider without prejudice start on the date when all the following conditions are met:
    a) delivery of a written claim from the recipient to the provider,b) delivery of the claimed service from the recipient to the provider,
    The provider recommends that the receipt insures the shipment of the claimed service. The services sent by the recipient using “cash on delivery” will not be accepted by the provider. Claims proceedings for services which cannot be delivered to the provider without prejudice, and which are fitted, start on the date when all the following conditions are met:
    a) delivery of a completed claims form from the recipient to the provider,b) inspection of the claimed service by a third person designated by the provider who shall provide the recipient with written confirmation regarding the inspection,
    13.9.      The commencement of claims proceedings is on the same day of making the claim.  The service being claimed for must be delivered to the provider’s premises, if not determined otherwise by the provider or the person designated by the provider (e.g. deliver the claimed service directly to the “designated person”).  In case of any uncertainty, contact the provider of services by telephone or email. The provider undertakes to accept the claim at any of their premises in which it is possible to accept a claim, i.e. at their registered office or by a designated person in compliance with provision  § 18 para. 2 of the Act.
    13.10.   At the place determined in accordance with general business conditions for accepting claims, the provider must ensure the presence of a person authorised to handle claims, in compliance with provision  § 18 para. 3 of the Act.
    13.11.   The recipient undertakes to claim for faults with services from the provider without unnecessary delay, otherwise the recipient relinquishes the right to claim for free fixing of faults from the provider.
    13.12. The provider or designated person shall issue confirmation regarding a claim for services to the recipient – consumer – in a suitable form selected by the provider, e.g. in the form of an email or in writing, in which they must accurately state the faults with the services, in compliance with provision  § 18 para. 5 of the Act and instruct the recipient – consumer – of their rights arising from provision  § 622 and provision § 623 of the Civil Code. If a claim is made using means of remote communication, the provider must immediately deliver confirmation of the claim to the recipient – consumer; if it is not possible to deliver the confirmation immediately, it must delivered without unnecessary delay, together with a document on handling the claim, and confirmation of the claim being made does not need to be delivered if the recipient has the chance to make the claim in another way.
    13.13.   In accordance with § 18 para. 4) of the Act and based on the decision of the recipient – consumer, which is their right under provision  § 622 and provision § 623 of the Civil Code, the provider or “designated person” undertakes to determine the method for handling with the claim in accordance with provision  § 2 item m) of the Act immediately, in more complicated cases within three days from the commencement of the claims proceedings, and in legitimate cases, mainly those requiring complicated technical evaluation of the status of the services, within 30 days from the commencement of the claims proceedings.  After determining the method of handling with the claim, the provider or designated person shall process the claim immediately, and in legitimate cases the claim may also be processed later.  However, handling the claim must not take longer than 30 days from the date on which the claim was made.  When the period for handling the claim expires, the recipient – consumer – has the right to withdraw from the contract or has the right to a replacement of the service with new. The provider informs the recipient of the conclusion of the claims proceedings in a form agreed by both contracted parties (email and recorded letter) and, at the same time, the provider delivers a claim report to the recipient – consumer – together with the service.
    13.14.   In compliance with § 18 para. 6 of the Act, if the recipient – consumer – made a claim for services during the first 12 months from signing the purchase contract, the provider may only refuse to handle the claim based on expert opinion or a statement issued by an authorised, certified or accredited person or a statement from the designated person (hereinafter “expert evaluation of services”).  Regardless of the results of the expert evaluation, the provider cannot require the recipient to refund the costs for the expert evaluation of the services or any other costs related to the expert evaluation of the services.
    13.15 In compliance with § 18 para. 7 of the Act, if the recipient – consumer – makes a claim for goods after 12 months from signing the service contract and the provider rejected the claim, in the claim report, the person who handled the claim must state to whom the recipient – consumer – may send the service for expert evaluation.  If the recipient sends the service for expert evaluation to the designated person stated in the claim report, costs for expert evaluation of the service as well as all other related, appropriate costs shall be paid by the provider regardless of the result of the expert evaluation.  If the recipient – consumer, via an expert evaluation, proves that the provider is responsible for the faults with the service claimed, they may re-submit the claim; the guarantee period is suspended during the expert evaluation of the service. The provider must pay all costs to the recipient related to the expert evaluation of the services within 15 days from the date of the re-submitted claim, as well as all related appropriate costs.
    13.16.   The recipient has no right to claim for faults about which they were informed by the provider when signing the contract, or about which they must have been aware under the circumstances under which the purchase contract was signed.  The provider reserves the right to replace a faulty service with another similar service.
    13.17. The recipient’s – consumer’s – right to a guarantee from the provider terminates:
    a) by inexpert handling, damage during transportation, damage caused by water, fire, static or atmospheric electricity or any other consequences of a force majeure,b) by not reporting apparent faults when accepting the service,c) by not submitting proof of payment, a delivery note or guarantee certificate, the necessary accessories or documentation related to the service,d) by the expiry of the service’s guarantee period,e) by physical damage to the provided service caused by the recipient or handling of the service by an unauthorised person,f) by using the services in conditions which do not correspond with the natural environment in terms of humidity, chemical and mechanical properties,g) by inexpert handling of and neglecting to care for the provided services,h) upon damage to the provided service by unavoidable and/or unpredictable events,   ch) upon damage to the services caused by accidental destruction, deterioration or pests, i) upon damage to the services caused by overloading or by using in way that contradicts the conditions stated in the documentation, general rules, technical standards or safety regulations.
    13.18. The provider must process the claim and terminate the claims proceedings using one of thefollowing methods:
    a) by delivering a repaired service,b) by replacing the services,c) by refunding the purchase price of the service,d) by awarding an appropriate discount from the price of the service,e) via a written request for a receipt stating the provider has fulfilled their duties,f) by legitimate rejection of a claim.
    13.19. The provider undertakes to issue a written document to the recipient regarding the method of handling and processing a claim within 30 days from the date of the claim being made, by post, courier or delivery service, or via email.
    13.20. The guarantee period for recipients – consumers – for the goods is 24 months (unless there is another guarantee period stated in particular cases) and it starts on the date of receipt by the recipient. For services, there is a 14-day guarantee period and if a claim is not made within this period, the guarantee period ends. The guarantee period for recipients – entrepreneurs – follows the provisions of the Commercial Code and they must be aware and agree therewith.
    13.21. The guarantee period is extended by the period during which the recipient could not use the service due to it being repaired under guarantee.
    13.22. If the service was replaced by a good quality service, the recipient receives a document stating the mentioned replacement and possible further claims shall be made based on the original delivery note and this claims document. If there is a replacement for a completely new service, the guarantee period commences from the date of receipt of the new service.
    13.23. All repairs under guarantee are free of charge if, from the time of the claim, the right to a repair under guarantee has not terminated, in compliance with point 8.16 of these general business conditions.
    13.24. If it is possible to rectify a fault, the claim will be handled depending upon the recipient’s decision, in accordance with these claims and business conditions as follows:
    a) the provider ensures that faults – errors are rectified, orb) the provider XXXXXX the faulty service.
    13.25. If there is a fault which cannot be rectified or if it is a single, repeated fault which can be rectified, or if there is a greater number of varying rectifiable faults preventing proper use of the service  if faultless, depending upon the recipient’s decision, the provider shall handle the claim in compliance with point 8.13 of these claims and business conditions as follows:
    a) by replacing the service with another, functional, same, orb) if the provider is not able to give a replacement, they will handle the claim by issuing a credit note for the faulty service.
    13.26. Claims handling is only related to faults stated in the claim form.
    13.27. For the purposes of a claim, a recurrent rectifiable fault is considered to be a single rectifiable fault which occurs more than twice.
    13.28. For the purposes of a claim, a greater number of varying rectifiable faults is considered to be the presence of more than three varying rectifiable faults simultaneously.
    13.29. For the purposes of a claim, the period during which the recipient, in accordance with the contract, cannot properly use the item due to a fault in services is a period which collectively exceeds 180 days.
    13.30. The right of the recipient to claim for a fault with the services is exhausted after they request the provider to rectify this fault in compliance with point 8.8 of these claims and business conditions, and regardless of the result of the claim, they are no longer authorised to repeat a claim for the same unique fault (not applicable to a fault of the same type).
    13.31. If the provider terminates the claims proceedings as a legitimate rejection of the claim, but the fault in the service objectively exists and was not rectified, the receiver may exercise their rights for the fault to be rectified via the Court.
    14. Article Withdrawal from the contract by the recipient
    14.1. The recipient – Consumer:
    14.1.1. In accordance with the Act on consumer protection in doorstep sales or mail-order sales in compliance with Act No. 108/2000 coll., the recipient – consumer – has the right to withdraw from the contract within seven working days from acceptance of the service, whilst it is necessary to deliver a letter regarding withdrawal from the contract to the provider within the stated period.  The recipient – consumer – also has this right if they personally collected the services ordered via the internet from the provider’s premises.
    14.1.2. The recipient – consumer – undertakes to return the services complete, with complete documentation, undamaged and, if possible, including the original packaging and in the condition in which they were received.  If the returned item is incomplete or damaged, the provider may deduct a corresponding sum from the price. Funds will be returned to the recipient – consumer – within 15 days from the date when the withdrawal from the contract by the recipient became effective.
    14.1.3. It is not the provider’s duty to accept a claim for goods not corresponding with hygiene standards after the expiry of the 7-day period stated in Act No. 108/2002 coll.
    14.1.4. If the recipient decides to withdraw from the contract within the given period, in order for the withdrawal to be processed quickly, it is necessary to deliver claimed service to the provider’s address together with an attached letter stating the possible reason for withdrawal from the contract (not required) indicating the number of the purchasing document and the bank account number, or stating whether the amount shall be paid in cash or used for a further purchase.
    14.1.5. The recipient is aware of the fact that if the services is accompanied by gifts, a deed of gift between the provider and recipient is signed under the condition that if the recipient – consumer – exercises their right to withdraw from the contract pursuant to § 12 of Act No. 108/2000 coll., the deed of gift loses its effectiveness and the recipient undertakes to also return gifts related to returned service.
    14.1.6. When fulfilling all the abovementioned conditions for the return of a service, the costs for transportation when returning services shall be borne by the recipient – consumer – and the return of the financial sum shall be carried out via bank transfer.
    14.1.7. Unless the provider and recipient – consumer – agree otherwise, the recipient – consumer – cannot withdraw from a contract, the subject of which is:
    a) the provision of a service if the service commenced with the agreement of the recipient – consumer – before expiry of the period for withdrawal from the contract, in accordance with § 12 paragraphs 1 to 3 of Act No. 108/2000 coll.b) the sales of goods or provision of services whose price depends upon the fluctuation of prices on the financial market which the provider cannot influence,c) the provision of services in accordance with recipient’s – consumer’s – special requirements, services designed especially for one consumer or services which, due to their nature, cannot be returned or decay quickly,d) the sale of an audiovisual work, a soundtrack or sound-visual track of an artistic performance or a multi-media work unpacked by the recipient,e) the sale of newspapers, magazines and periodicals,f) lottery and other similar games.
    14.2. The recipient – entrepreneur:
    14.2.1 If the recipient is an entrepreneur, withdrawal from the contract shall follow the provisions of the Commercial Code as if for a significant violation of the contract. The recipient – entrepreneur – may be offered an alternative when withdrawing from the given contract, depending upon the condition of the returned service, the lost guarantee and the current price of the returned service. The condition of the services shall be evaluated by the provider. If the parties do not agree on conditions acceptable to both parties, the service will be returned at the provider’s expense. The provider is authorised to charge the recipient – entrepreneur – for other possible incurred costs.
    15. Other provisions
    15.1. If access to some information on the Turbado EU LLC website is conditioned by the provision of data which could be of a personal nature in compliance with the Act No. 122/2013 coll. on the protection of personal data, by providing such data, the recipient of services agrees with its use, processing and archiving by Turbado EU LLC.
    15.2 Personal data will be handled confidentially and in compliance with the Act on the protection of personal data.
    15.3. Personal data will be used exclusively in order to process this contractual relationship and to deliver the goods and services.  All data will be stored and processed in compliance with the valid Act No. 122/2013 coll. on the protection of personal data and other generally binding legal regulations. The service recipient’s personal data will not be provided to third persons. By signing a rental contract, the recipient of paid services permits the provider, in accordance with the contract on business representation pursuant to § 652 of Act No. 513/1991 coll.  of the Commercial Code and Act No. 122/2013 coll. on the protection of personal data as amended, the provision of their personal data to a third country, particularly the USA, to the company Turbado EU LLC.
    16. FINAL PROVISIONS
    16.1. The legal relationship between the provider and recipient of services not addressed in the contract and GBC follow the legislation of the Slovak Republic, Act No. 22/2004 coll. on electronic commerce as amended and Act No. 128/2002 coll. on the state control of the inner market in consumer protection affairs as amended and Act No. 284/2002 coll. as amended, Act No. 513/1991 coll.  the Commercial Code as amended, if the recipient of services is a business subject pursuant to § 262 para. 1 and § 262 para. 2 of the Commercial Code, the parties agreed in writing that their contractual relationship, not addressed in the relationships stated in § 261 of the Commercial Code, shall follow the Commercial Code, excluding Act No. 40/1964 coll. the Civil Code as amended, the legal relationship further follows Act No. 618/2003 coll., the Copyright Act, and Act No. 122/2013 coll. on the protection of personal data.
    16.2. Relationships between the provider and a recipient of services who is a physical entity who, when closing and executing a contract, are not acting within their business or other entrepreneurial activities or in the performance of their work, and is a consumer in compliance with provision § 52 para. 4 of Act No. 40/1964 coll., the Civil Code as amended, follow the GBC with subsidiary application of § 52 and Act No. 40/1964 coll.,  the Civil Code as amended.
    16.3. Different agreements in the contract prevail over the application of the GBC. In case of a dispute between the contract and the GBC or the contract, the provisions of the contract prevail.
    16.4. The rights and duties arising from the contract are transferred to the provider’s legal successor. The transfer of the recipient’s rights and duties arising from the contractual relationship to a third person is possible without limitation to the recipient.
    16.5. The invalidity of any provision of the GBC does not affect the whole GBC unless it is the case where the law links such invalidity to the entire GBC. In such cases, the contracted parties agreed that the invalid provision shall be replace by another which, in its content and meaning, is closest to the content and meaning of the original invalid provision.
    16.6. These GBC become invalid on the date when new GBC become valid.
    16.7. The current GBC are published twenty four (24) hours per day via the internet on the provider’s websites, http://www.turbado.eu, and are available in printed form from the provider’s registered office.
    16.8. These GBC become valid and effective on                   4 March 2014. The GBC are automatically effective for all recipients already using services/the web portal even if before this date, from the date of effectiveness of the GBC by the recipient using the services after that date.
    16.9. Any disputes shall be resolved before the appropriate local court in the Slovak Republic.
    16.10. Slovak is the communication language for the duration of the contract.
    16.11. Any claims by consumers will be handled in compliance with Act No. 250/2007 coll. on consumer protection. Claims by recipients of services – entrepreneurs – shall be handled following the Commercial Code. Claims should be made in writing to company address of Turbado EU LLC as stated in point 1.1 of these GBC.
    16.12. Contracts closed for a determined period can be terminated at any time during the agreed period, whilst in such cases, the validity of the contract terminates on the last day of the agreed period stated in the notice delivered to the other party.  Contracts closed for a undetermined period can be terminated at any time during the validity of the contract, whilst in such cases, the validity of the contract terminates on the last day of the calendar year stated in the notice delivered to the other party.
    16.13. If the contract was closed in written form, when explaining the provisions related to the content of the legal relationship, individual agreements stated in the written contract which differ to the content of these GBC prevail.
    In Košice, on 4 March 2014
    ____________________
    Turbado EU LLC, Newark

    [A1]Will we have such access? [SD2]We might have in the future, so it is better to have it included. For example we can offer yearly subscription for 10eur, where customer can register other electronics he buys and have them all managed from one interface. [A3]Shouldn’t we have 30 days? [SD4]Yes, but there is a possibility, that customers will abuse our system and we will have high rates of returns within 30 days. For such cases, we will be able to charge him short term rentals fees, if we choose to. [A5]So the price includes 2 parts? [SD6]Legally yes. He must pay for the services and the deposit. But we will use his deposit to pay for the supplied services, so he makes only one payment, but from that one big payment we deduct many small payments regularly = every year 0.02eur [A7]Not 30 days? [SD8]This is a legal term for Slovakia, each country is different and we must comply with local laws about the 100% money back guarantee according to the law. If we don’t say that, then customers in slovakia are able to return the item and get full money back within 90days. [A9]2 working days count from which date? [SD10]From the time he made his claim and paid a deposit for the replacement or from the time he returned his item. = Customer calls you he has faulty iPhone. There are generally two ways how to exchange the phone for him. 1) we send him a new phone and in let’s say 10days he must return his broken phone. For that we must get a security deposit, as he will have two phones with him. When he returns the broken phone, then we send him back the second deposit. 2) he returns us the faulty phone and we send him a new one, no second deposit is needed [A11]All customers should have accounts [SD12]All customers must have an account. It is created automatically when he makes order [A13]Can we do that? [SD14]It is a legal requirement. You can visit the website only if you agree to their terms. Once you don’t agree, you shouldn’t use their services and products. This is generally used legal term against hackers, etc. [A15]Review should be visible to the public after company confirmation [SD16]Yes, when a customer makes a review on our website, you must aprove it before it is visible to the public

     
    • turbadocz 12:29 on March 30, 2014 Permalink | Log in to Reply

      I don’t know how to add comments in to the text, so I will put me feedback here:

      • Shouldn’t we state in the GBC that customer is been in touch with an agent company and what is the role of the agent? (Providing customer service for the Turbado LLC, being the contact point for claims, returns etc.?)
      • 2.4 – what does it mean “short term rental for two weeks?”, why is it there? The customer has the right to return the goods within 2 weeks (30 days), however this does not mean that he signs the contract for 2 weeks – he always sign the same rental contract, does he not?
      • 2.4 “The deposit amount is the level of the most competitive purchase price in the market” – why is this in the GBC – it does not make any sense to put it here
      • 2.4.2 – too vague definition – this can be abused by customers, must be clearly stated in the GBC how this process works (who, when, how)
      • 2.4.5. We should be careful with the consistency of the vocabulary! Here we talk about the “price of the goods” however we should be rather talking about the “original amount of deposit paid”! This comment applies to the whole text of GBC.
      • 2.4.5 – “The goods or products are delivered to the recipient’s address using a courier service, if no other form of transport is agreed, on the next working day;” – this is too vague and should be rephrased (there is a deadline for ordering goods for next day delivery – we should state that the delivery day will correspond with the information on the web by the time of making an order)
      • 2.4.5 – “two working days guaranteed replacement with the same or similar model.” – This is too vague and should be described in detail.
      • 2.11 – “Relationships between the provider and recipient follow the contract on the provision of services and these GBC” – what is “the contract on the provision of services” when it is not GBS??
      • 3.1.2.1 – Will we have stand-alone Registration form? Will the contract be closed just by filling up the registration? Why? This might be off-putting for customers.
      • sd@turbado 13:17 on March 30, 2014 Permalink | Log in to Reply

        1) my idea is, that before the text of the general conditions, we would include:
        CONTACT DETAILS: local turbado’s contact details and company details. and in the contract we can add at one point that the local representative/agent is the local turbado company, but acts only as an agent, doesn’t have any contractual responsibilities towards the client, only towards Turbado EU LLC (separate contract)

        2.4) there is only one contract. the short term rental, for the moment, is included as protection against possible over abuse of our system, then we can charge the malicious customers a fee for short term rentals, if we choose to.

        2.4) I agree with you, I changed it now to: The deposit amount is determined in the offer at Turbado.eu web shop. The basic contract contains the following services as benefits:

        2.4.2) this is defined by the local laws in each country. The law says, in general, that the seller must accept all returns, and pay full money back, no questions asked. In case the item is damaged, we can ask the customer for compensation, but we must give him money back first. This is the law in Slovakia, please check specific terms in your country

        2.4.5) I added the word contracted: refunding the price of contracted goods; this is to say, that he must return the product, not the service we provide. the contract will be still alive for the product, as someone else will use that product. customer will get money back for returning the product itself, not for terminating the service contract.

        2.4.5) good point. I changed it to: The goods or products are delivered to the recipient’s address using a courier service, if no other form of transport is agreed, in general on the next working day from the date of expedition.; Orders are processed for expedition within next business day after payment receipt of confirmation of expedition.

        2.4.5.) good point, I changed it to: lifetime guarantee of a refund of part of the deposit after returning the product based on conditions determined in advance, guaranteed repair or replacement with the same or similar model within two working days after receipt of the faulty product, conditions apply

        2.11) the actual contract stands from several parts: first is our offer displayed on turbado web shop, second are these general business conditions GBS and third is a customer’s acceptance of offer + GBS and the receipt of order from him. Signed on distance = that’s why there is a 14-30 days 100% money back guarantee. GBS is just a part of the contract, not the whole contract.

        3.1.2.1.) now we only have standalone registration form. all websites of Turbado, that are not yet operational, accept registrations and we will let know the interested customers once we are functional in their countries. there is a contract for using our website and agreeing with its terms. so when a customer registers, he accepts the general conditions. and a service contract is signed by the customer, when he makes an order on our website and agrees to it (doesn’t return the product in 14-30days). It might be off-putting, but all websites have general conditions and you must agree to those conditions = get into a contract about using the website, to actually be able to use the website in full. it is a general legal requirement common to all websites

    • szabodenes77 18:31 on March 30, 2014 Permalink | Log in to Reply

      Stefan, please help me interpret these:

      8.3.”” If the invoiced part of the price does not reach the provider’s bank account (???) by the twentieth (20th) day from date of issue of an invoice and if the amount of deposit paid is insufficient, the contract on the provision of paid services becomes invalid and ineffective and the provider ceases providing the paid services to the recipient and temporary access by the recipient to the paid services will be cancelled””

      9.6. “The recipient of services undertakes to backup their data” (we should declare how)

      11.5 “as a vexatious execution of rights by the recipient,” what is this?

      12.2.d.”for the fact that they are suitable for the recipient’s intended purpose” what purpose is this?
      f. “in case of email communication, information included in emails is not secure (encoded).” what’s the point?

      13.19 “For services, there is a 14-day guarantee period and if a claim is not made within this period, the guarantee period ends. ” – I don’t understand the function of this.

      • sd@turbado 12:02 on April 6, 2014 Permalink | Log in to Reply

        8.3) it means that in case your deposit is insufficient to cover the yearly rental, or that the customer doesn’t pay at all the deposit, then the contract becomes invalid = as if it never existed

        9.6) there are many ways how to backup, we can provide examples, I agree. for that you can write a blog how and where to backup 🙂 go ahead

        11.5) it means that our company becomes a victim to a user’s malicious actions

        12.2 d) each user has his own idea what the website does. we are not responsible if the user of the website interprets our web, services, any content in the wrong way

        12.2 f) email communication, by its nature is not secure = anyone can access it, read it, modify it on the way. we are not responsible for any changes of the content of the email if any modification has been made after we sent it

        13.20 (13.19 is a different point): From legal point of view = what the law says, is there is a 24 months manufacturer’s warranty for physical products and goods, but only a 14 days provider’s warranty for services. So if you get a haircut, you only have 14 days to make a claim. Same goes with any services provided, but we extend that period to 24 months at Turbado

    • sd@turbado 12:16 on April 6, 2014 Permalink | Log in to Reply

      I have changed these points:
      2.4.5.) added the word MINIMAL amount of 0.02eur
      and this sentence: The cost of deterioration and aging of goods provided will be invoiced according to conditions above once the product is returned and inspected by the Provider of Service

      6.2.4) added: the Price List, usually a fixed amount of €0.02 per annum and a fee for deterioration and aging of goods provides once returned and inspected by lessor

      • sd@turbado 15:13 on April 8, 2014 Permalink | Log in to Reply

        2.4.5) removed the word MINIMAL = it is not a legal term, as it must be a fixed amount.
        and I added in the next sentence the words: and the invoiced amount will be deducted from the deposit paid.

  • sd@turbado 15:46 on March 27, 2014 Permalink |
    Tags: , , enterprise europe network, future match, future match 2014, ,   

    Turbado @ Future Match 2014 

    Turbado has been part of Future Match 2014 at CeBIT, March 10-14, 2014 in Hanover, Germany

    Future Match is A brokerage event, a quick and easy way to meet potential cooperation partners. Participants meet from 10th to 14th March 2014 (9:30 – 18:00) at Future Match stand (hall 9, booth C40) for pre-arranged bilateral meetings. 25 minutes are usually enough to build connections. Then the bell rings and after a 5 minute break the next meeting starts. It is organized by Enterprise Europe Network.

    Our Future Match information and profile page.

    We have met many interesting companies (PDF, 156KB)

    future match 2014

     
    • szabodenes77 22:18 on March 27, 2014 Permalink | Log in to Reply

      I had similar experience with a referral organization: BNI. But those meetings were overcomplicated and long events.
      This sounds much better..
      Did you talk with Levente Bartha (Netlife, Hungary)?

      • sd@turbado 22:35 on March 27, 2014 Permalink | Log in to Reply

        yes, I have met with Levente Bartha from Netlife and we agreed to give his BeeCRM a try with our B2B CRM needs. I must contact him. Do you know him or his company?

        • szabodenes77 08:14 on March 28, 2014 Permalink

          No. I’ve just seen his name on the list, and I became curious about their company. 🙂

  • sd@turbado 03:56 on March 27, 2014 Permalink |
    Tags: , , , global fairs, , ipt, planet reseller, tt-messe, ,   

    Turbado @ CEBIT 2014 

    Turbado has been present at CEBIT 2014, from 10 to 14 March 2014 in Hannover, Germany.

    This was our official CEBIT presentation page as an exhibitor.

    Our booth was located at hall 14, Planet reseller, J52/57

    Turbado @ CEBIT 2014

    Turbado @ CEBIT 2014

    CEBIT was a real success for the Turbado team and we would like to thank a lot to Cristina Moreira from GLOBAL FAIRS TT-MESSE for all she has done to make our exhibition to look better.

    And a special thanks to Stephen Rafferty and Ed Elliot from IPT.CC that we could be a part of the IPT marketplace this year.

    And a big thanks, for their hard work, to my colleagues: Lucie Czernerova, Piroska Marot, Janos Nemeth and Krisztina Tiboldi from TVPartner

     
    • szabodenes77 08:50 on March 27, 2014 Permalink | Log in to Reply

      Impressive!

      • sd@turbado 12:57 on March 27, 2014 Permalink | Log in to Reply

        yes, it really was nice to be there and explain others what we do and get their feedback. I met with many companies in person and I had only a few short moments to describe our company, the best and easiest way was to tell it like this:

        Turbado is like any internet shop you like = we have competitive prices, ready stock, quick shipping and good customer care. you pay once for your item and you will never pay more, only get money back when you return your item.

        When you buy from turbado, you can do the same things with your item as if you have bought it elsewhere = sell it, give it away, use it as long as you want it, loose it…

        What Turbado is different is when you have a problem with your device, we exchange it 1to1, you don’t need to wait 1 week or 1 month to get your item repaired, but you get a new working unit immediately and continue using it. And you always get partial money back when you return your used phone, anytime.

  • sd@turbado 23:49 on March 26, 2014 Permalink |
    Tags: find my iphone, find my phone, ios, ios 7, ,   

    iPhone 5s returns 

    Important note:
    Apple iPhone, iPad and iPod touch devices that use iOS 7 and above need to have “Find My iPhone/iPad/iPod” turned off before returning it

    How to Turn Off “Find My iPhone/iPad/iPod”

    This example is for an iPhone with iOS 7:

    1. Tap on your “Settings” icon and go to the “iCloud” section
    2. If “Find My iPhone” is turned on, tap the slider to turn it off
    3. Enter your Apple ID password and tap “Turn Off”
    4. Verify that “Find My iPhone” has been turned off
     
  • sd@turbado 23:12 on March 26, 2014 Permalink |
    Tags: , , year without pants   

    WordPress with P2 theme chosen 

    P2 theme of WordPress was chosen as a working solution.
    After reading the book The Year without pants, I have chosen to give it a try at Turbado as well.
    I expect my team to read and post on this official blog, most of which will be for internal uses and resolved parts can be later made public

     
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