↓ Short Version for Non-Lawyers ↓
The following terms and conditions regulate the use of the One Third - Buy Now Pay Later service provided by Alza.cz.
The following terms and conditions regulate the relationship between the seller – Alza.cz a.s., Co. Reg. No.: 27082440, VAT Reg. No.: CZ27082440, with a registered office at Jankovcova 1522/53, 170 00 Praha 7, registered in the Commercial Register with the Metropolitan Court of Prague under File No. B 8573 (“Alza”), and the buyer – a legally competent individual-consumer over the age of 18 (“Buyer”) interested in buying goods/services/licences (“Product”) using a buy now pay later service (“Service”). These terms and conditions regulate the use of the Service (“Terms and Conditions”)
All other aspects are regulated by the General Terms and Conditions.
Entrepreneur– a customer who runs their own company or business, seeking to make a profit. For the purposes of this scheme, the Entrepreneur is also a person who states their business registration number on the Service application from.
These Terms and Conditions apply to the Entrepreneurs in full, save for the parts containing special provisions relating to private individuals-entrepreneurs.
Service- an option to buy the Product at www.alza.cz and pay for it three months later. Using the Service, the Buyer orders the Product and pays one third of the sale price no later than upon receiving the Product and the remaining two thirds of the sale price (to pay off the balance) within three months after receiving the Product. The Buyer takes ownership of the goods upon receiving the goods; however, only if one third of the sale price is paid. The Buyer and Alza execute an assignment and security agreement that takes effect when the Buyer defaults on paying off the balance. By placing the order, the Buyer-consumer requests that the Service be provided before the expiry of the 14-day cooling-off period and agrees that the right to a cooling-off period cannot be exercised if the Service is provided before the expiry of the 14-day cooling-off period.
The rate of interest charged on the Service is at all times 0%. The instalment period is three months. One third of the sale price is collected in the period of sale. The balance may be paid off in as many instalments as the Buyer likes. The value of the Service and the total sum of the agreed monthly instalments equal the Product sale price (rounded, if applicable).
The use of the Service is conditioned on: complete registration, at least two orders for over CZK 5,000 incl. VAT completed in the past 12 months, and saved payment card; or active Alza Premium paid membership maintained for over 30 days.
1.1. Terms of Service
The Service, i.e. the option to buy the Product at www.alza.cz and pay for it later, is available to all Buyers that:
Offered to selected products, the Service can be arranged by clicking the "Pay using the 1/3 Payment Promo" button placed next to the goods description field.
1.2. Buy Now Pay Later Option
The Buyer can use the Service by selecting the non-binding option offered by Alza displayed next to the Product description field or when ordering the selected Product. In ordering the Product, the Buyer can either select the “Buy” option (in which case the Buyer pays the full sale price of the Product before receiving the Product) or the “Pay using the 1/3 Payment Promo” option in which case the Buyer is offered to order the Product using the Service, i.e. pay in advance one third of the Product sale price by means of a payment card and hence have the Product reserved for the Buyer. The Buyer acknowledges that no contract is executed on the grounds of the down payment, but rather that the Product is only reserved for the Buyer. No Alza vouchers, Alza Gift Cards or AlzaKredit can be used for such orders.
The Entrepreneur (legal entity) must be represented by its authorised representative or agent acting under a power of attorney not older than three months.
The Buyer acknowledges that the Service cannot be used together with Trial Period or any other service allowing the Buyer to return the goods within an extended period of time.
One third of the sale price is collected in the period of sale.
1.3. Credit Assessment and Receipt of Goods
As the risk of damage passes to the Buyer, the next step is the assessment of the Buyer’s solvency. The Buyer can use the Service and the down payment will be put against one third of the Product sale price if the Buyer passes both the preliminary solvency test and the final check set out in paragraph 4 of this Clause.
The Entrepreneur is required to name a private individual who is willing to stand surety for the Entrepreneur (“Guarantor”), complies with the requirements set for the Buyer and will guarantee to Alza to pay the Entrepreneur’s debt in the event that the Entrepreneur defaults on the Service-related payments (“Debt”). Named by the Entrepreneur, the Guarantor is automatically accepted by Alza. The Guarantor cannot refuse to make the Debt payments. Alza has the right to request the Guarantor to pay off the Debt if the Buyer fails to pay off the Debt when due despite having been requested by Alza to do so. No request is necessary when Alza is not able to make the request or when it is evident that the Buyer will not pay off the Debt.
The Guarantor’s liability does not come to an end when the Buyer cannot pay off the Debt but the Guarantor can or when the Buyer-legal entity is dissolved.
The Product must be received at an Alza’s point-of-sale in the presence of the Buyer; and in the presence of the Guarantor (if applicable).
The Entrepreneur (legal entity) must be represented by its authorised representative and prove its title.
If you fail the solvency test, we will refund the down payment to your account immediately.
1.4. Failed Solvency Test
The Service is discretionary. Alza reserves the right not to withhold the Service from the the Buyer; and reserves the right not to disclose to the Buyer the reasons for withholding the Service.
Upon learning from its contractual partner that the Buyer has failed the solvency test, Alza will discuss the provision of the Service with the Buyer individually based on the Buyer’s request (if any) and will refund the amount of the down payment corresponding to one third of the Product sale price to the Buyer’s payment card, without undue delay, however, within 24 hours at the latest. The same applies to the situation when the Buyer fails the final check set out in paragraph 4 of Clause 1.3 of these Terms and Conditions.
You shall pay off the balance within three months after receiving the Product.
1.5. Payoff
The Buyer must pay off the balance within three months after receiving the Product. The exact payoff date is stated on the invoice that the Buyer receives together with the Product. In receiving the Product, the Buyer signs a delivery note. By signing the delivery note, the Buyer confirms that they have received the goods, have read these Terms and Conditions and agree to take ownership subject to the assignment and security agreement. The Buyer may confirm and agree to the same also by other means.
If the outstanding balance (two thirds of the sale price) is not paid off, Alza may deduct the amount due from the saved payment card or claim repayment from the Guarantor.
1.6. Default
The Buyer agrees that Alza has the right to deduct from the saved payment card the amount corresponding to the balance due if the Buyer fails to pay off the sale price by the payoff date stated on the invoice./p>
If you fail to pay the total sale price of the Product within three months, any title you might have to the Product passes back to Alza.
After that, you will be requested to return the Product.
2.1. In addition to the contract for the Product, Alza and the Buyer enter into an assignment and security agreement executed pursuant to Section 2040 of the Civil Code (“Assignment and Security Agreement”).
2.2. Under the Assignment and Security Agreement, the Buyer passes the title to the Product stated on the invoice (proof of contract execution) and on the delivery note (proof of the Product receipt) or on any other document proving that the Product has been received, as a security for the performance of the Buyer’s payment obligation under the Service-related contract or other obligations towards Alza thereunder, and agrees to pay the agreed contractual penalties and reasonable costs and expenses; and Alza accepts the title to the Product.
2.3. The Assignment and Security Agreement is subject to a suspensive condition – when the Buyer defaults on paying off the balance, the tile to the Product in question passes to Alza on the first day the Buyer defaults on paying off the balance.
2.4. The Assignment and Security Agreement is subject to a resolutive condition – when the Debt owed by the Buyer to Alza is discharged as outlined elsewhere in these Terms and Conditions. If the secured Debt is not discharged properly and in due time, even within the grace period provided, the title to the Product in question unconditionally passes to Alza.
2.5. When the title to the Product in question unconditionally passes to Alza, the Buyer must return the Product to Alza without undue delay, however, within three days of Alza’s request at the latest. Alza has the right to realise the Product for the price determined according to the open market value and use the proceeds from the sale to satisfy the claims it has against the Buyer in relation to the contract.
2.6. Once requested by Alza as the owner of the Product in question, the Buyer must assist Alza as necessary in returning the Product to Alza.
Any goods that you return to us on the grounds of your inability to pay will be checked by us. If we find the goods to be damaged, we will charge you a respective fee.
3.1. Letters for requesting payment sent by Alza to the Buyer are charged a flat fee of CZK 500 incl. VAT. Alza has the right to claim the fee payment as the fee constitutes a reasonable expense incurred during collection of the Buyer’s outstanding Debt. The fee is payable by the Buyer within seven days of the fee payment request, by bank transfer, into the account stated on the fee payment request.
3.2. If the Buyer defaults on paying off the balance, Alza may and will claim a flat daily compensatory fee of 0.1% of the amount outstanding for every commenced day of default; until the balance is paid off or the Product is returned to Alza. The flat fee is payable by the Buyer within seven calendar days of the fee payment request, by bank transfer, into the account stated on the fee payment request.
3.3. The parties agree that should the title to the Product pass to Alza under the Assignment and Security Agreement and should the Product suffer other than damage from wear and tear, yet should it possible to continue using the Product, Alza has the right to claim a flat compensatory fee from the Buyer in the amount corresponding to the proportion of the Product value stated on the invoice, as follows:
3.3.1. a flat compensatory fee corresponding to 20% of the total sale price of the Product stated on the invoice payable by the Buyer if the damage to the Product is minor (minor scratches, scuffs, bumps) and/or if the accessories are missing; and;
3.3.2. a flat compensatory fee corresponding to 50% of the total sale price of the Product stated on the invoice payable by the Buyer if the damage (scratches, scuffs, bumps) to the Product is large and the costs of repair exceed 20% yet are lower than 50% of the total sale price of the Product stated on the invoice (broken-off pieces, chips, cracks, oxidation, damaged connectors).
3.4. The parties agree that should the title to the Product pass to Alza under the Assignment and Security Agreement and should the Product suffer damage preventing it from being used or should the Product be completely destroyed or lost, Alza has the right to claim a flat compensatory fee corresponding to 100% of the total sale price of the Product stated on the invoice.
3.5. The Buyer agrees that Alza has the right to deduct from the saved payment card the amount of the (compensatory) fees claimed as outlined elsewhere in this Clause if the Buyer fails to pay the fee stated on the request by other means.
3.6. Payment of the flat compensatory fee shall be without prejudice to Alza’s right to claim damages and statutory interest.
If you buy the Product using the Service, we will check your solvency. We team up with a specialised company to perform the solvency test.
We use your personal data solely for that purpose.
4.1. Alza confirms that it keeps all personal data confidential and uses the same solely to provide the Service, perform the Service-related contract executed with the Buyer and check the solvency, credibility and payment history of the party interested in using the Service and of the Guarantor (if applicable).
4.2. Personal data provided to Alza voluntarily by the Buyer and the Guarantor (if applicable) applying for the Service are collected, processed and stored in accordance with the applicable laws of the Czech Republic, namely Act No. 101/2000 Sb., the Personal Data Protection Act, as amended, Act No. 133/2000 Sb., the Register of Population Act, 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, as amended.
4.3. Alza processes the personal data in a way that is not detrimental to the rights of data subjects, particularly the right to human dignity, and safeguards the right of the data subjects to be protected from any unauthorised intrusion into their private and family life.
4.4. The terms and conditions for processing the personal data are detailed at www.alza.cz/privacy-policy
.
5.1. These Terms and Conditions and ensuing relations are governed by, and construed in accordance with, the laws of the Czech Republic.
5.2. If any provision of these Terms and Conditions is or becomes invalid, ineffective or unenforceable, the validity, effect and enforceability of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired thereby, except where the law provides otherwise.
5.3. Alza reserves the discretion to amend these Terms and Conditions from time to time, in each case with effect from the date on which the amendment is posted on Alza’s website, except where these Terms and Conditions provide otherwise.
5.4. The Buyer must notify Alza within five days of any important changes relating to the Buyer, particularly of the changed address, name or payment card, commenced insolvency proceedings, etc.; by way of amending the data on Alza’s website (My Alza section) or by way of completing the contact form on Alza’s website. The Buyer guarantees that Alza is provided at all times with the correct information as to the Buyer’s correspondence address, email address and telephone number.
5.5. The Buyer must contact Alza solely by way of completing the contact form on Alza’s website.
5.6. All disputes arising out of or in connection with these Terms and Conditions will be finally resolved by a competent court having jurisdiction over the registered office of Alza.
5.7. Alza has the right to offset any monetary obligation or claim it may have against the Buyer, even with respect to other legal obligations.
5.8. The Buyer cannot assign or transfer, for consideration or gratuitously, its rights and obligations under these Terms and Conditions and the Service (particularly the title to the Product or the obligation under the Assignment and Security Agreement) to any third party, until the Product sale price is paid in full.
5.9. Alza has the right to assign any claim it may have against the Buyer with respect to the Service and/or the Assignment and Security Agreement.
5.10. The Buyer acknowledges that the limitation period of any rights (including the right to claim damages or contractual penalty) that Alza may have with respect to the Service and/or the Assignment and Security Agreement, or with respect to previous obligations between the Buyer and Alza, is extended for the period of five years from the moment the original limitation period starts or has started to run.
5.11. Any goods purchased using the Service cannot be replaced using the service Gift Return Option.
These Terms and Conditions are effective from 22 October 2020.
