Alza NEO Terms & Conditions

These terms govern the relationship between contractual parties, namely Alza.cz a.s, CIN 27082440, TIN CZ27082440, registered at Jankovcova 1522/53, Holešovice, 170 00 Prague 7, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, File 8573, as the provider of membership in the Alza NEO program (hereinafter referred to as "Alza") and the customer who obtains membership in the Alza NEO program (hereinafter referred to as "Program") as the applicant (hereinafter referred to as "Member"). These terms regulate the functioning and provision of the Program (hereinafter referred to as "Terms").

If any question is not addressed in these Terms, the General Terms and Conditions shall apply.

Both Consumers and Entrepreneurs can become Members of the Program, as defined in the Alza General Terms and Conditions.

These terms apply equally to both Entrepreneurs and Consumers, with the exception of provisions explicitly stated as applicable only to Entrepreneurs.

The Seller is the one who offers to enter into a Program Membership Agreement with a customer on behalf of Alza, including Alza employees and Alza agents.

Device refers to an electronic device offered within the Program. The current list of Devices is available on the websites www.alza.cz or www.alza.cz/neo. Alza will provide the Device to the Member, including the standard accessories (usually a charger). Where a singular Device number is used in these terms, it also refers to all Devices and their accessories that the Member has available within the Program membership.

The residual value of the Device is determined by subtracting 1.5% of its value (including VAT) for each started month of use by the Member from the Device value stated in the handover protocol.

Agreement refers to the contract through which Alza commits to providing the Member with the specified Device for use within their Program membership, and the Member commits to monthly paying the membership fees in accordance with the Agreement. If the Member has multiple Devices, a separate Agreement is concluded for each of them. If the Member has multiple Devices, and thus multiple Agreements, it's possible to list all Agreements on one joint handover protocol.

The Agreement consists of these Terms, the application(s) for membership, Alza's offer, and handover protocols (including delivery confirmations) that document the specific handover of the Device to the Member, or its return to Alza. The Member's membership in the Program is tied to the Agreement.

1. Obtaining Membership in the Program
2. Payment of Membership Fee
3. Device Handover
4. Device Usage Rules
5. Extended Warranty for Theft and Accidental Breakage
6. Duration of Membership and Its Early Termination
7. Returning the Device
8. Fees
9. Personal Data Processing, Confidentiality, and Ethical Standards
10. Final Provisions

1. Obtaining Membership in the Program

1.1. Membership can be acquired by any registered Alza customer who meets the Program's conditions.

Membership in the Program can be obtained (i) based on an application filled out on the alza.cz e-shop or realized with an Alza Seller in person or remotely, (ii) upon acceptance of this application by Alza, or acceptance of Alza's offer by the customer, and (iii) upon payment of the membership fee for the first month. If not otherwise agreed between Alza and the Member, the membership fee for the first month is paid before or upon Device handover. Alza and the Member – Entrepreneur may also informally agree on the membership fee payment, such as through email communication.

1.2. If Alza assigns specific identification data to the Member, the Member keeps them confidential and does not disclose them to others unless necessary for fulfilling this Agreement. If the Member suspects any misuse of these identification data, they are obliged to contact Alza and change the data.

1.3. Membership in the Program is not guaranteed. Alza has sole discretion to approve or deny any membership application. Alza will evaluate each application individually based on a set of criteria. If Alza approves an application, it will contact the applicant to negotiate the terms of the Agreement, including the device handover and collection. If the membership fee price list changes between the time the application is submitted and the time it is approved, the applicant will be entitled to the more favourable membership fee.

If Alza decides not to enter into an agreement with an applicant, Alza will refund any prepaid fees (such as the first month's fee) to the applicant within 14 days of informing the applicant of its decision.

1.4. Upon obtaining Program Membership, the Member is required to update their details on their customer account in the My Alza section and keep them accurate and complete.

1.5. With Alza's approval, members can use any number of devices. The membership application, including the desired number of devices, will be reviewed individually based on the Member's creditworthiness.

2. Payment of Membership Fee

2.1. The Member undertakes to regularly pay the monthly membership fee for each individual Device, usually in advance. The monthly membership fee payment is due once a month based on a pre-sent invoice and before the date specified on the invoice. By agreeing to this, the Member consents to receive tax documents exclusively through electronic means, sent to the email provided during registration on Alza, or another email agreed upon between Alza and the Member.

The membership fee is listed on the Alza e-shop or in the membership offer from the Seller. The amount of the membership fee depends on the length of the Agreement. 

2.2. The Member can pay the membership fee using any payment method that Alza offers to its customers. The Member is free to choose their preferred payment method. The Member will receive regular notifications via email or other means about the upcoming due date of their membership fee, along with the relevant invoice. The invoice will also be stored in the Member's profile on the alza.cz e-shop, in the My Alza section. In accordance with PSD2, the Member agrees that Alza has the right to deduct the membership fee from the payment card used for the first membership payment if the Member does not pay the fee by other means until then. However, the Member is still responsible for ensuring that the membership fee is paid.

2.3. If payment is not made even after repeated reminders from Alza, Alza has the right to cancel the Member's membership, and thereby the Agreement and any other possible agreements for the use of additional Devices currently existing between Alza and the Member, with immediate effect. The cancellation of membership does not affect Alza's right to collect membership fees for the period of free use (the period for which the Member did not pay membership fees). 

2.4. Alza guarantees that the membership fee for a specific Member and a specific device will not change for the entire duration of the Agreement. The membership fee for the Program for each new device request will be determined based on the current price list on the alza.cz e-shop or by agreement between the Member and Alza.

2.5. Alza points out that costs associated with using the Device, such as telecommunication costs for a tariff from an operator, are borne by each Member themselves. 

2.6. The Member pays the agreed monthly fee even when the Device cannot be used for any reason, including cases where it is lost or damaged, until the Member informs Alza about the loss or damage of the Device. In case of loss or damage to the Device, the procedures outlined in section 4.3, section 4.10, and article 5 of these Terms shall apply.

3. Device Handover 

3.1. As part of the application for Program membership, the Member specifies the specific type of Device, colour, and the desired number of units. Alza will then hand over such a Device to the Member in person at the chosen Alza branch store, or alternatively, through a delivery service or AlzaBox. Upon handover, the Member must provide a valid personal identification document; this identification can be substituted with verification through Bank ID or other similar means offered by Alza. 

For Members - Entrepreneurs, a Device can be collected by a member of the statutory body of the Entrepreneur (the managing director of a limited liability company, a member of the board of directors of a joint-stock company or cooperative, the director of a state enterprise, etc.). In the case of self-employed natural persons (sole traders), only the individual themselves can collect the Device. Additionally, a person with an officially verified power of attorney from the Entrepreneur's statutory body, of which a copy has been sent to Alza's email address upon Alza's request, can collect the Device. A power of attorney signed by the Entrepreneur's statutory body can also be sent electronically with a qualified electronic signature. Alza reserves the right, at its discretion, to request the original officially verified power of attorney. The person receiving the Device during personal handover must provide a valid personal identification document. 

3.2. The Member can modify their request for the type, colour, or number of devices before collecting the device, but only with Alza's consent. 

3.3. The handover and collection of the device will usually be confirmed by both parties by signing a handover protocol, which will become an integral part of the Agreement (the handover protocol can be replaced by a collection confirmation in the Member's customer account or a delivery confirmation via AlzaBox).

In cases where, for any reason, the handover protocol is not signed, the Member confirms the collection of the Device by paying the membership fee for the second month of Device use (or the first month if the Member pays the fee retroactively on a monthly basis based on an agreement with Alza).

3.4. Both the Member and Alza have the right to cancel the Agreement no later than before the collection of the Device, or based on other provisions of these conditions. 

4. Device Usage Rules 

4.1. Alza retains ownership of the Device throughout the Member's membership in the Program. By handing over the Device, Alza grants the Member the right to use the Device in accordance with Czech law, for the duration and under the conditions stipulated in the Agreement and these Terms. The Member must also adjust their accounting practices regarding the Device accordingly. 

4.2. The Member must not steal the Device or handle it in any way that contradicts the Agreement (for example, selling, pawning, giving, renting, or lending it to a third party). The Member is only entitled to use the Device for their own needs and is prohibited from transferring it to any other third party for use, especially not for compensation or in violation of the terms of this Program. All rights and obligations arising from the Agreement also apply to people to whom the Member temporarily transfers the Device for use. However, the Member remains solely responsible for fulfilling the obligations under this Agreement. The Member cannot be absolved from these obligations on the grounds that the Device was not used during that time.

4.3. The Member shall refrain from any actions that could lead to the creation of third-party rights to the Device. The Member undertakes to promptly notify Alza of any claims by third parties regarding the Device (e.g., within the framework of distrain proceedings against the Member), loss, damage, or theft of the Device, but no later than within 3 business days from the day on which such third-party claim, damage, loss, or theft occurred, or from the day the Member could have become aware of it. The Member bears the costs of defending (protecting) against the assertion of third-party claims (e.g., exclusion action within distrain proceedings), unless caused by Alza. 

4.4. The Member is not allowed to make any technical changes to the Device. Any modifications, repairs, or evaluations of the Device must be done through Alza. Alza will arrange for the necessary work to be done by an authorised service center or, upon agreement with Alza, the Member may arrange the service in the authorised service center directly. 

4.5. Enhancements that are considered an integral part of the Device (meaning they cannot be removed without damaging the Device) are the property of Alza. The Member is not entitled to any compensation for these enhancements when they return the Device. For example, if the Member has the Device's display replaced or the battery replaced, they will not be compensated for the cost of these enhancements. If an enhancement reduces the value of the Device, the Member is responsible for compensating Alza for the resulting damage. 

4.6. If the Device is a mobile phone, the Member must use a protective case for the Device for the entire duration of the Agreement. When the Member receives a mobile phone from Alza, they will receive one case for each mobile phone they collect. 

4.7. If any service that secures the Device against theft, encrypts the Device, or otherwise limits its original functionality is activated on the Device, the Member must deactivate and log out of that service before returning the Device, submitting a warranty claim, or applying the extended warranty. This includes services like Apple's Find My iPhone, Samsung's Find My Device, Google's Find My Phone (Google Account), Intel Antitheft, and others. This provision does not apply to services activated by Alza or its authorised representatives on the Device.

4.8. The Member must properly maintain the Device at their own expense, ensuring it is constantly in a condition suitable for use in accordance with applicable laws, standards, manufacturer guidelines, and the intended purpose of the Device. The Device must not be used in any way other than customary use. The Member is fully liable for any damage caused by using the Device in a manner other than customary use. Furthermore, the Member must use the Device in accordance with the manufacturer's instructions for the Device. 

4.9. The Member ensures regular maintenance of the Device, including the regular updating of the Device's software. The Member protects the Device from damage and excessive wear. The Member uses only original Device accessories or accessories provided by Alza. 

4.10. If a defect appears on the Device that would warrant a warranty claim (manufacturing defect), the Member is entitled to exchange such Device for another Device (the Member can choose this new Device from the current selection). By amending the Agreement, the Member and Alza will confirm the Device change, as well as any change in membership fee and the duration of the Agreement. The Member is required to report the Device defect in advance through the contact form on the website www.alza.cz/neo. The Member is also entitled to terminate the Agreement if they do not choose any Device from the current selection.

If the Member is not entitled to a Device exchange under the previous paragraph (especially if the Device damage was caused by the Member), Alza is entitled to demand payment from the Member. The Member agrees to pay either the residual value of the Device or, if possible, the repair cost of the Device by an authorised service center. If the repair of the Device is possible, the Member can choose whether to pay the residual value of the Device or the repair cost by an authorised service center. If the Member does not choose one of the options according to the previous paragraph within 10 business days from the day on which Alza informed the Member that the situation does not warrant a Device exchange, Alza is entitled to demand payment of the residual value of the Device from the Member, and the Member is obliged to pay it.

Exchanging the Device (by amending the Agreement) does not mean that Alza agrees with the reason for the exchange. Alza may provide the Member with a new Device before assessing whether the damage to the Device qualifies for an exchange under this paragraph. This means that this provision also applies in situations where Alza has already provided the Member with a new Device and only after doing so realises that the Member did not meet the exchange conditions. In such a case, Alza is entitled to request from the Member the residual value of the Device or payment for the repair of the Device by an authorised service center. The Member commits to paying this residual value or repair cost to Alza within 7 days from the day Alza informs the Member that the conditions for exchange under this paragraph have not been met.

4.11. The collection and handover of the Device take place at the chosen Alza branch, or as agreed with Alza, through a delivery service or AlzaBox.

5. Extended Warranty for Theft and Accidental Breakage

5.1. Alza offers an extended warranty for each Device in the Program, covering theft and accidental breakage of the Device under the conditions specified below. However, if the Member violates the Agreement at the time of reporting and evaluating the event, particularly if the Member is in arrears with the payment of the regular membership fee and/or fails to pay the fee according to clause 5.10 of these Terms, Alza does not offer the extended warranty for theft and accidental breakage of the Device.

5.2. Alza alerts the Member that within the membership, the Member can only make one claim (either theft or breakage of the Device) for one Device under the Agreement. If the Member has multiple Devices, a separate Agreement is concluded for each.

5.3. The Member must promptly report all incidents to Alza through the contact form at www.alza.cz/neo. The Member must provide Alza with maximum cooperation in resolving the incident and determining the circumstances of the event. Upon reporting any damage to the Device, the Member must present the damaged Device. In the case of theft, the Member must provide the Czech Police report on the stolen Device, explicitly stating that Alza is the owner of the stolen Device and the Member is only an authorised user. In this case, the Member must also provide proof of IMEI blocking. For a Member - Entrepreneur, this service can be utilised exclusively by a statutory body or a person according to clause 3.1 of these Terms.

5.4. As part of the theft/breakage report, the Member must provide the circumstances under which the theft/breakage occurred, including the cause of the incident. In the case of Device damage, the Member must also describe the nature of the damage and the extent of the functional impairment.

5.5. Alza is not responsible for any potential loss of data stored in the Device, including phone numbers, contact information, software, operating systems, stored files, applications, etc. Alza strongly recommends continuously backing up data stored in the Device.

5.6. The Member bears the costs associated with the request for the extended warranty service, as well as all subsequent costs related to it. If the Device damage does not fall within the scope of services under this extended warranty, clause 5.13 of these Terms will be followed.

5.7. Alza provides an extended warranty for accidental damage of the Device, which refers to an unfortunate accident, i.e., a situation that could not have been foreseen or prevented. If the extended warranty applies to a specific case of Device damage and Alza does not reasonably reject this warranty, the Member will provide all necessary information and the damaged Device to Alza, which will, within 3 business days, provide the Member with a different Device (the Member can choose this Device from the current selection); the parties will also conclude an addendum to the Agreement. Through this addendum, the Member and Alza will confirm the change of Device, or the change of the membership fee, and the change of the duration of the Agreement. If the Member does not choose any Device from Alza's offer, the Member is entitled to prematurely terminate the Agreement according to clause 6.3 of these Terms, i.e., by paying a termination fee.

5.8. Alza provides an extended warranty for the theft of the Device. For the purposes of these terms, the theft of the Device refers to a case where the Device was stolen, and the Member had it directly on them (including simple theft, i.e., without overcoming obstacles), and the theft occurred during a robbery or burglary or the theft of a residential building, cottage, farmhouse, or office.

If the extended warranty for the theft of the Device applies to a specific theft of the Device, as soon as Alza receives all necessary information and documents from the Member (a sworn statement about the theft and a Czech Police report on the submitted notification), Alza will provide the Member with a different Device within 3 business days (the Member can choose this Device from the current selection); the parties will also conclude an addendum to the Agreement. Through this addendum, the Member and Alza will confirm the change of Device, or the change of the membership fee, and the change of the duration of the Agreement. If the Member does not choose any Device from Alza's offer, the Member is entitled to prematurely terminate the Agreement according to clause 6.3 of these Terms, i.e., by paying a termination fee.

5.9. When the Member receives a new Device, they must inspect it and confirm that it has no apparent defects and is undamaged (the handover protocol can be replaced by a confirmation of receipt in the Member's customer account or a confirmation of delivery via AlzaBox). If the handover protocol cannot be signed for any reason, the Member can confirm receipt of the new Device by paying the membership fee for the second month of Device usage (or the first month if the Member pays the fee retroactively on a monthly basis based on an agreement with Alza).

5.10. In the event that Alza provides a new Device under this extended warranty, they have the right to charge a handling fee of 10% of the residual value of the Device, The Member agrees to this handling fee. The handling fee will be invoiced to the Member at the time the new Device is handed over, and it is due upon receipt of the new Device (the due date for the handling fee may be different for Member-Entrepreneurs).

5.11. The extended warranty does not cover the following cases of accidental damage:

5.11.1. Damage caused intentionally or due to the negligence/carelessness of the Member

5.11.2. Damage caused by incorrect installation, repair, or maintenance;

5.11.3. Damage resulting from using the Device contrary to the manufacturer's instructions and/or for a purpose other than intended, including the use of accessories not approved by the manufacturer, as well as contrary to these Terms;

5.11.4. Damage caused by different accessories for the Device than those mentioned in clause 4.9, such as chargers, headphones, cables, mounting elements, hands-free sets, etc.;

5.11.5. Damage caused by software errors of the Device (software errors are attributed to the Device's manufacturer), or incorrect software installation procedures;

5.11.6. Damage to consumables such as cables, etc.;

5.11.7. Damage caused by repairs that are not done by an authorised service provider and/or without Alza's consent, or damage that occurs during transportation of the Device from the place of damage to the service point, including risks associated directly or indirectly with transporting the damaged Device;

5.11.8. Damage that occurs as a result of losing or forgetting the Device;

5.11.9. Damage resulting from civil unrest, war events, or the effects of radiation, atomic explosion, fire manipulation, explosives, inflammables, and toxic substances, earthquakes, floods, nuclear radiation;

5.11.10. Damage that occurs as a result of a manufacturing defect in the Device (the procedure for addressing a manufacturing defect that can be claimed is governed by clause 4.10.);

5.11.11. Damage that occurs as a result of damage caused by the Device itself (also known as consequential damage);

5.11.12. Damage resulting from normal wear and tear, negligence in maintenance, or gradual effects of corrosion, moisture, heat, or cold on the Device;

5.11.13. Damage due to fluctuations and/or interruptions in the power supply for any reason;

5.11.14. Damage occurring during fire handling, lightning strike, earthquake, storm, explosion, or flood;

5.11.15. Damage to the item that does not affect the functionality and usability of the Device (e.g., scratches, discolouration, etc.);

5.11.16. Damage caused by third parties.

5.12. The extended warranty does not cover the following cases of theft of the Device:

5.12.1. Damage caused by intentional or negligent actions by the Member, such as leaving the Device in an unprotected, freely accessible place, such as a shopping cart, a table in a restaurant, or theft of the Device due to reduced awareness of the Member due to sleep, alcohol consumption, or other intoxicating substances.;

5.12.2. Theft of the Device if the Member does not have it with them or on them at the time of theft, or if the Device is stolen from a car (regardless of whether it was locked or not);

5.12.3. Loss, forgetting, voluntary surrender of the Device;

5.12.4. In connection with civil war or war events, active participation in riots, criminal acts, terrorist actions, and sabotage;

5.12.5. As a result of fraudulent actions by the Member and/or their close associates;

5.12.6. Damage that occurs as a result of, or is connected to, unlawful actions by the Member.

5.13. If the extended warranty does not apply to the given situation, Alza can ask the Member to pay for the Device. The Member can either pay the residual value of the Device or, if the Device can be repaired, the cost of repair by an authorised service. If the Member does not choose one of these options within 10 working days of Alza notifying them that the extended warranty does not apply, Alza can ask the Member to pay the residual value of the Device and the Member is obliged to pay it.

The exchange of the Device (by signing an addendum) does not mean that Alza agrees to the extended warranty or that the Member has made a claim. The Member agrees that Alza may provide the Member with a new Device before determining whether the extended warranty applies to the Device. Therefore, the provision in Section 5.13 also applies in cases where Alza has already provided the Member with a new Device and only after providing the new Device realizes that the Member did not meet the conditions of the extended warranty. In such cases, Alza can ask the Member to pay the residual value of the Device or the cost of repair by an authorised service (reduced by the handling fee according to Section 5.10, if paid by the Member). The Member undertakes to pay the residual value or repair cost of the Device to Alza no later than 7 days from the day when Alza informs the Member that the conditions of the extended warranty were not met. The residual value is calculated as of the day of the Device exchange.

5.14. Theft or damage to the Device does not affect the duration of the membership or the Member's obligation to pay the monthly membership fee until the Member (a) notifies Alza of the theft or damage to the Device (the notification is only valid if it contains all the necessary information), and (b) in the case of damage, hands over the damaged Device to Alza (in person at an Alza store, via a delivery service, or AlzaBox).

5.15. The original Device is not returned to the Member even after repair.

5.16. The handover and delivery of the Device take place at the selected Alza branch or, upon agreement with Alza, via a delivery service or AlzaBox.

6. Duration of Membership and Its Early Termination

6.1. The Agreement is concluded for a fixed period. The duration of the Agreement, i.e., the period during which the Member can use a specific Device, is specified in the Alza website offer. For mobile phones and wearables, the duration is 24 months, and for tablets, laptops, and PC builds, the duration is 36 months. The duration of the Agreement can be different in an individual offer prepared by Alza.

The provisions of § 2320 (leaser's right to terminate a lease of movable property at any time with a 10-day notice period) and § 2227 (leaser's right to terminate a lease if the property becomes unusable) of the Civil Code do not apply to this Agreement.

6.2. The Agreement takes effect when the Member receives the Device as described in Section 3 of the Terms. The start of the Agreement's duration also coincides with its effectiveness. If the Member has multiple Devices under the membership with different usage periods or different start dates of the Agreement (receipt), the usage period for each Device runs separately and independently, as each Device is covered by a separate Agreement.

6.3. An Agreement for a fixed period according to Section 6.1 of these Terms cannot be terminated early, except for the reasons specified in the Agreement.

The membership fee is determined based on the duration of the Agreement, and therefore, the Agreement cannot be terminated prematurely. However, Alza is willing to agree to terminate the Agreement early if the Member pays a termination fee to cover Alza's costs associated with the early termination. The amount of the termination fee will be provided to the Member by Alza upon request.

The termination fee is calculated as the difference between the membership fee based on the shortened duration of the Agreement and the already paid membership fees.

6.4. If the Member and Alza agree to the early termination of the Agreement according to Section 6.3 (this agreement can be made informally, for example, via email or the My Alza customer account), the Agreement terminates on the last day of the month in which the termination fee was paid. On this day, the Member is also required to return the device to Alza at the selected branch or, by agreement with Alza, via a delivery service or AlzaBox. Alza is entitled to claim the termination fee even if the contractual parties have already fulfilled their obligations under the Agreement.

6.5. Alza will notify the Member about the approaching end of the contract term, including offering new devices. If the Member does not respond to this notification and does not return the device by the last day of the contract term (Section 6.1 of these Terms), and continues to pay membership fees in accordance with the Agreement, the closed-term contract will change to an open-term contract. Alza expressly informs the Member of the obligation to continue paying the membership fee if the contract term changes.

An open-term contract can be terminated by the Member at any time by using the form www.alza.cz/neo and returning the Device to the selected branch, or, by agreement with Alza, by returning the device via a delivery service or AlzaBox. In this case, the Agreement ends on the last day of the membership month in which the Member terminated the Agreement and for which the Member also paid the membership fee. By this date the Member is also required to return the device to Alza at the selected branch or, by agreement with Alza, by returning the Device via a delivery service or AlzaBox.

Alza informs the Member that if the device is returned before the last day of the membership month, a proportional part of the fee for the last membership month is not refunded. The last day of the membership month does not refer to the last calendar day of the month, but rather the last day of the monthly period for which the Member pays the fee. For example, if the Member received the device on January 16, 2020, the monthly fee covers the period from January 16 to February 15, 2020, February 16 to March 15, 2020, March 16 to April 15, 2020. etc., and the last day of membership in the case of a termination on March 13, 2022, would be March 15, 2022.

6.6. Alza is entitled to terminate the open-term contract at any time. The notice period is 3 months and begins on the first day of the month following the month in which the notice was delivered to the Member. The Member commits to returning the Device to the selected branch on the last day of the notice period; however, the Member is also entitled to return the Device to the selected branch during the notice period—in this case, the contract terminates on the last day of the month in which the Member returned the Device. Upon agreement with Alza, the Member may also return the Device via a delivery service or AlzaBox.

6.7. Membership cannot be terminated during the handling of an event covered by the extended warranty for theft and accidental damage. In such a case, the Member can request the termination of the Agreement only after Alza informs them about the resolution process of this extended warranty.

6.8. Alza is entitled to withdraw from the Agreement and terminate the Member's membership if the Member has materially or repeatedly violated the membership conditions set out especially in these Terms. Failure to make regular payments of the membership fee according to Section 2 of these Terms is considered a material breach of membership conditions, for instance.

6.9. Additionally, Alza is entitled to terminate the Agreement immediately without notice period if the Member's financial situation significantly deteriorates. This includes cases where a Member is declared bankrupt or is at risk of bankruptcy, instances where the Member's property is subject to public auction or distrain proceedings, or when the Member materially breaches obligations from any other contractual relationship with Alza. The Agreement, along with the membership, is prematurely terminated upon the delivery of the Agreement withdrawal and/or termination notice to the Member. Alza is also entitled to terminate the Agreement with a notice period of 3 months, even without providing a reason.

6.10. In the event of the Member's death or the Member's demise without a legal successor, the Agreement and membership in the Program are terminated.

6.11. Upon the termination of the Agreement and membership, the Member returns the device with all major accessories and components (such as batteries, charging adapters, etc.), along with the manual. Additionally, any outstanding membership fees or other obligations arising from the membership are settled.

7. Returning the Device

7.1. The Member commits to returning the received device no later than the Agreement's end date, unless otherwise specified in these terms. The return is to take place at the chosen Alza branch or, upon agreement with Alza, through a delivery service or AlzaBox.

7.2. The Member returns the Device in the same condition as received, considering only normal wear and tear.

7.3. The contractual parties will create a handover protocol for returning the Device, which will include a description of the Device's condition among other details.

7.4. If, for any reason, the Member fails to return the device to Alza, Alza is entitled to request payment for the residual value of the Device. If a replacement of the Device occurred during the membership period (whether due to warranty claims, extended warranty, or any other method approved by Alza), the residual value of the new Device is calculated for each started month of use.

7.5. If the Member is overdue in returning the Device, Alza may arrange for the return to occur at locations other than an Alza branch. This will only happen based on a request/notification from Alza or its authorised personnel. The Member is obligated to promptly fulfill this request.

7.6. If the Member fails to return the Device on time, Alza will involve a lawyer who will proceed in accordance with applicable legal regulations.

8. Fees

8.1. If Alza or an authorised party sends a Member a payment reminder for overdue membership fees or as per Section 8.3, a fee of 500 CZK including VAT will be charged for each invoice with outstanding payments. The Member agrees to pay this fee to Alza within 7 calendar days of receiving the payment reminder, by making a non-cash payment to the account specified in the reminder. Reminders and payment requests sent before or on the invoice's due date are not charged.

8.2. If the Device sustains damage that exceeds normal wear and tear but still remains fully functional, Alza reserves the right to request a contractual penalty from the Member equivalent to the residual value of the Device as follows:

8.2.1. For minor damage to the Device (e.g., minor scratches, dust particles, slightly worn keys on a laptop, visibly used touchpad), no contractual penalty will be charged to the Member;

8.2.2. For light damage to the front, rear, or sides of the Device (e.g., scratches, abrasions, small dents), the member will be charged a contractual penalty of up to 10% of the Device's residual value;

8.2.3. In cases of significant damage where the repair cost is lower than the residual value of the Device, the Member covers the repair cost through an authorised service. Upon agreement with Alza, the Member may arrange the repair in an authorised service center at their own expense.

8.2.4. For extensive damage where the repair cost exceeds the residual value of the Device (e.g., broken parts, cracked display, signs of oxidation, damaged connectors), the Member pays a contractual penalty equivalent to the residual value of the Device. Following consultation with Alza, the Member can opt to have the repair done at an authorised service center at their own expense. Alza is ready to provide the Member with a repair cost estimate for the authorised service and facilitate the repair on the Member's expense.

In cases where the Device is repaired at an authorised service center at the Member's expense and the repaired Device is returned, Alza relinquishes the right to the contractual penalties outlined in Sections 8.2.3 and 8.2.4 of these Terms.

The amount of the contractual penalty as outlined in Sections 8.2.2 and 8.2.3 of these Terms will be determined by Alza, with a focus on evaluating the extent of the damage done to the Device.

8.3. If the Device sustains damage preventing further use, is completely destroyed or lost, not covered by extended warranty for theft and accidental damage, or in case of failure to adhere to the obligations stated in Section 4.7 of the Terms, Alza is authorised to demand a contractual penalty equivalent to the residual value of the Device.

8.4. The Member is required to settle the contractual penalty for Device damage as per this clause within 7 calendar days of receiving a written request or a contact email from Alza for the payment, through non-cash payment to the account specified by Alza in the reminder. If the payment is requested during the return of the Device to a selected Alza branch, then the payment of contractual penalties must be made on the spot.

8.5. If, for any reason (such as Alza terminating the Agreement prematurely and the Member failing to return the Device on time), the Member delays returning the Device to Alza, Alza may demand and is entitled to a contractual penalty of 0.1% per day for each day or part thereof of delay from the residual value of the Device. The Member must settle the contractual penalty within 7 calendar days of receiving a written request from Alza for payment, through a non-cash payment to the account specified by Alza in the reminder. Alza is not entitled to demand both the contractual penalty according to Section 8.5 and the payment of the residual value of the Device as per Section 7.4 of these Terms simultaneously. However, Alza may first demand the contractual penalty under Section 8.5 and subsequently the payment of the residual value of the Device under Section 7.4 of these Terms.

8.6. In the event that the Member has been allowed by Alza to store their payment card information for future payments, meaning that the relevant payment gateway holds the Member's payment card details, the Member agrees that Alza has the right to deduct the contractual penalty from the Member's account for which the payment reminder was issued, provided the Member has not paid the penalty by a different payment method before the specified time in the reminder.

8.7. Settling the contractual penalty does not affect Alza's right to seek compensation.

9. Personal Data Processing, Confidentiality, and Ethical Standards

9.1. Alza declares that all personal data (especially personal data of employees of a Member - Entrepreneur) are confidential and will only be used to fulfill the Agreement with the Member (applicant for membership) and to assess the creditworthiness, reliability, and payment morality of the applicant for membership. Personal data provided voluntarily by the Member (applicant for membership) to Alza for the purpose of membership application will be collected, processed, and stored in compliance with the applicable laws of the Czech Republic, particularly Act No. 133/2000 Coll., on the Registration of Residents and Birth Numbers, as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), as amended.

9.2. Alza proceeds in a manner that the data subject does not suffer damage to their rights, particularly their right to maintain human dignity, and also ensures protection against unauthorised intrusion into the private and personal life of the data subject.

9.3. Detailed conditions regarding the processing of personal data are available at www.alza.cz/privacy-policy.

9.4. Both the Member - Entrepreneur and Alza commit not to disclose confidential information obtained from the other contracting party during the fulfillment of the Agreement. Confidential information refers to any information so labeled or of a confidential nature, having value for the respective contracting party, constituting or potentially constituting business secrets and/or whose disclosure could endanger or could have endangered the legitimate interests of the respective contracting party.

Notwithstanding the above provisions, information that has become publicly known without violating the obligations of the receiving contracting party or legal regulations is not considered confidential; the receiving contracting party had rightful access to such information prior to concluding the Agreement, if such information was not subject to another, previously concluded agreement between the contracting parties regarding information protection; it is the result of an independent process by which the receiving contracting party arrives at the information, and it can substantiate this through its records or confidential information from a third party; a third party provides the receiving party, after concluding the contract, with information that is not restricted in such treatment.

9.5. Both the Member - Entrepreneur and Alza undertake to uphold the highest ethical standards under all circumstances, as outlined on the website www.alza.cz/protikorupcni-politika-alza, and further ensure that their employees and representing third parties adhere to the same standards.

10. Final Provisions

10.1. These Terms and the relationships arising from them are governed by the legal framework of the Czech Republic.

10.2. If a member has multiple Devices, a separate Agreement is concluded for each. However, these are not interdependent agreements; hence, the termination of one Agreement does not affect the validity of the remaining Agreements of the member.

10.3. In the event that any provision of these Terms is or becomes invalid, ineffective, or unenforceable, the invalidity, ineffectiveness, or unenforceability of such provision shall not and will not affect the validity, effectiveness, and enforceability of the other provisions, unless otherwise provided by law.

10.4. Alza reserves the right to change these Terms, and such changes are effective from the date of publication on the Alza.cz e-shop, unless otherwise stipulated in the Terms. Alza also reserves the right to terminate the Program at any time; however, the termination of the Program does not affect the Agreements already concluded.

10.4.1 The Member - Entrepreneur acknowledges and agrees that non-substantial changes to these Terms do not require notification to the Members via email; their publication on the Alza.cz e-shop is sufficient.

10.4.2 For substantial changes to the Terms that are disadvantageous to the member (e.g., changes in the fee amount for the next period), Alza informs the Member in an appropriate manner no later than 15 days before the planned change. The Member has the right to express their disagreement with the change within a period of 30 days from the notification mentioned in the preceding sentence. In the case of disagreement, the Member can terminate the Agreement with a notice period of 2 months; during the notice period, the current conditions remain in effect for the Member. The Member can expressly agree to the modified Terms or express their agreement implicitly by not indicating disagreement within the 30-day period.

10.5. The Member must notify Alza within 14 days of any changes to important personal information, especially changes in name/company name, residence/registered office, initiation of insolvency proceedings, by updating these details in the customer account in the My Alza section or via the contact form on the Alza.cz e-shop. The Member is responsible for ensuring that Alza always has accurate mailing address, email, and phone contact details.

10.6. The competent court for disputes arising from the Agreement and membership is the court in the location of Alza's registered office.

10.7. Alza is entitled at any time to set off any financial obligations and claims that have arisen against the Member, even if they arise from different legal relationships.

10.9. The Member cannot assign or transfer their membership, or any rights or obligations arising from it, to a third party, even without charge.

10.10. Alza is entitled to assign any claim against the Member arising from this Agreement and/or membership to a third party.

10.11. The Member understands and agrees that Alza is entitled to transfer its rights and obligations from the Agreement and membership (i.e., Alza's rights and obligations) to another entity during the term of the Agreement.

10.12. The Member - Entrepreneur hereby extends the statute of limitations period for all rights (including potential claims for damages or contractual penalties) arising from the Agreement and membership to Alza, as well as from previously concluded contractual relationships between the Member and Alza, to a period of 4 years from the moment when the relevant statute of limitations period commences or commenced for the first time. This provision does not apply to the Member - Consumer; the statutory statute of limitations period will apply in the relationship between Alza and the Member - Consumer.

These terms are valid and effective from August 2, 2023.