Terms and conditions of the "Sustainable e-shop" program

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions of the "Sustainable e-shop" program (hereinafter referred to as the " Sustainable e-shop terms ") are issued by the Operator for the purpose of regulating the rights and obligations arising from the contractual relationship between the Operator and Retailers who have included their E-shop in the "Sustainable e-shop" program (hereinafter referred to as the " Program ").

2. CONDITIONS OF PARTICIPATION AND INSPECTION

2.1. In order to support sustainability in the field of e- commerce, the Operator offers Retailers the opportunity to participate with their E-shops in the Program, the purpose of which is to arouse public interest in the topic of sustainability and at the same time support and motivate E-shops that strive for sustainable and responsible operation.

2.2. All E-shops of Retailers who are registered on the Portal and send Offers to the Portal in PPC mode can participate in the Program. The Retailer is obliged to fulfill this condition for the entire duration of his participation in the Program.

2.3. In order to enable the E-shop to participate in the Program, the Retailer shall provide the Operator with information on various areas of responsible approach related to the E-shop, by filling out a questionnaire at http://www.udrzitelnyeshop.cz/ (hereinafter referred to as the “ Sustainability Questionnaire ”). The condition for the E-shop to participate in the Program is the Retailer’s express declaration that all information provided in the Sustainability Questionnaire is true and accurate and that it undertakes to maintain it in force at the same or higher (better) standard throughout the E-shop’s participation in the Program. In the event that the information in the Sustainability Questionnaire ceases to be up-to-date for the E-shop, the Retailer must notify the Operator of these facts without undue delay.

2.4. Based on the information provided by the Retailer to the Operator via the Sustainability Questionnaire, the Operator will evaluate the fulfillment of the E-shop sustainability indicators within the Program; the final assessment may be conditional on the performance of an Audit and/or subsequently verified by an Audit by the Operator.

2.5. The Operator reserves the right to request from the Retailer who has completed the Sustainability Questionnaire additional information and/or documents necessary for the evaluation of the fulfillment of the sustainability indicators by the E-shop. The Retailer will be given a period of no less than 10 working days by the Operator to supplement the information and/or documents.

2.6. The basic principles of evaluating the Sustainability Questionnaire are as follows:

  1. The sustainability questionnaire was compiled by the Association of Social Responsibility, ops, Company ID 014 67 115, registered office at Drtinova 557/10, Smíchov, 150 00 Prague 5 (hereinafter referred to as the “ Association ”) and is completed online in the form of a so-called multiple choice , yes/no or free-form answers to questions asked from various areas of e-shop operation that may relate to sustainability;
  2. Each of the questions, depending on the quality and nature of the answer, has a weight and score assigned by the Operator and the Association, which are hidden from the E-shop to ensure greater credibility of the answers;
  3. The maximum score that an E-shop can obtain in the Sustainability Questionnaire is 100 points;
  4. If the minimum point threshold is reached within the evaluation, which will be regularly determined for a longer period by the Operator according to the latest standards in the field of sustainability, the E-shop will receive the designation sustainable from the Operator (hereinafter referred to as the " Sustainable E-shop ");
  5. Depending on the number of points earned, the E-shop will be assigned a percentage of sustainability goal achievement;
  6. The E-shop can fill out the Sustainability Questionnaire again and thus become the subject of evaluation again no sooner than 3 months after the date on which the Operator informs the Retailer about the result of the E-shop evaluation.

2.7. Obtaining the Sustainable e-shop designation according to the above rules is valid for 1 year from the date the Operator informs the Retailer about its award to the specific E-shop it operates. After this period or before its expiration, the Operator may require the Retailer to complete the Sustainability Questionnaire again, on the basis of which the Operator will conduct a new assessment of the fulfillment of the sustainability indicators. The Retailer will be given a period of no less than 10 working days by the Operator to complete the Sustainability Questionnaire again. The rules and procedures set out above apply to the re-evaluation and the process of obtaining the Sustainable e-shop designation.

2.8. In order to verify the veracity of the information provided in the Sustainability Questionnaire and to verify compliance with the conditions for participation in the Program, the Operator may conduct inspections of the E-shops participating in the Program (hereinafter referred to as the " Inspection "). The inspections may be carried out directly by the Operator or by another professional person authorized by it.

2.9. The Operator will inform the Retailer of the planned performance of the Inspection in advance. Both parties will provide mutual cooperation to find a suitable date for the Inspection, and the Operator will not require the Retailer to carry out the Inspection earlier than 15 days from the date on which the Retailer was first informed by the Operator of the planned performance of the Inspection. The inspection may include a request to re-complete the Sustainability Questionnaire, which the Retailer must comply with.

2.10. The Merchant is obliged to provide the Operator or a person authorized by him with all possible cooperation in carrying out the Inspection, in particular to submit to the inspector all documents that he will require for the proper performance of the Inspection, to allow the inspector to enter all premises from which the operation of the E-shop is ensured (typically warehouses, packaging rooms, goods dispensing rooms, etc.) and to allow the inspector to interview the Merchant's employees, where the Operator will strive to place the Merchant with the least possible burden when carrying out the Inspection.

3. TERMS OF USE OF THE "Sustainable e-shop" LOGO

3.1. Logo and licensing

3.1.1. The Operator is the executor of the copyright to the logo with the inscription "SUSTAINABLE E-SHOP", which is used in connection with the Program (hereinafter referred to as the " Logo ").

3.1.2. The Operator provides the Retailer, in relation to the E-shop, which has received the Sustainable E-shop designation according to these Sustainable E-shop terms, with authorization to use the Logo (hereinafter also the " License "), to the extent and under the conditions set out below.

3.2. Scope, purpose and limitations of use of the Logo

3.2.1. The license is granted to the Retailer to enable E-shops to present to the public that they have achieved the Sustainable E-shop designation. For this purpose, the Retailer operating an E-shop designated by the Operator as a Sustainable E-shop may place the Logo on the pages of this E-shop or in the marketing materials of this E-shop.

3.2.2. The Merchant must use the Logo in the version provided to him by the Operator. The Merchant may not process, modify or otherwise change the Logo in any way and use it in this form.

3.2.3. The license is provided free of charge.

3.2.4. The Merchant may not grant the authorization forming part of the License to a third party, not even in part. In the event of the transfer of the plant or its part, which forms a separate component, the transfer of the License to a new acquirer is possible only with the consent of the Operator. The same procedure will be followed in the event of a transfer of rights and obligations to the Merchant's legal successor.

3.2.5. If the Retailer operates multiple E-shops, the use of the Logo may only apply to those E-shops that have received the Sustainable E-shop designation.

3.2.6. The license is provided only for the period during which the given E-shop and the Retailer meet the conditions for obtaining the Sustainable E-shop designation. After the expiration of the License, the Retailer is obliged to remove the Logo from its materials and no longer use it.

4. TERMINATION OF LICENSE AND EXCLUSION FROM THE PROGRAM

4.1. The Operator may terminate the provision of a License for a specific E-shop at any time and/or exclude the E-shop from participation in the Program, in particular in cases where:

4.1.1. The merchant operating the E-shop ceases to meet the conditions for inclusion in the Program;

4.1.2. The E-shop ceases to meet the conditions for obtaining the Sustainable E-shop label or it becomes clear that the E-shop never met these conditions;

4.1.3. The merchant violates the obligation of confidentiality pursuant to Article 5.2 of these Sustainable e-shop terms;

4.1.4. The Merchant refuses to provide the Operator and/or another person authorized by the Operator with cooperation in evaluating the Sustainability Questionnaire and/or in carrying out the Inspection;

4.1.5. The Merchant fails to complete the Sustainability Questionnaire again within the specified period, which the Operator will request;

4.1.6. The merchant operating the given E-shop has otherwise violated the provisions of these Sustainable E-shop terms, Terms and Conditions or Special Terms and Conditions.

4.2. In the event of a serious breach of its obligations by the Retailer in a specific E-shop (in particular in the event of providing false or distorted information in the Sustainability Questionnaire or failure to notify that the information originally provided in the Sustainability Questionnaire is out of date), the Retailer acknowledges that the Operator may terminate the provision of the License and/or exclude other E-shops operated by the Retailer from the Program or terminate the provision of other services.

4.3. If the Operator terminates the provision of a License to a Retailer for a specific E-shop, it will set a deadline of no less than 5 business days for the Retailer to terminate the use of the Logo.

4.4. The Retailer acknowledges that in the event of unauthorized use of the Logo (which also includes a situation where the Retailer provides false or distorted information in the Sustainability Questionnaire or fails to notify the Operator that the information provided in the Sustainability Questionnaire is out of date), the Operator may demand compensation from the Retailer for any damage caused to it by such actions.

5. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

5.1. License Agreement

5.1.1. In connection with the presentation of the Program, the Operator may inform the public about the E-shop that it has received the Sustainable E-shop rating, for example in its promotional materials, on the Portal, in the form of a press release sent to the media, etc.

5.1.2. At the moment of sending the completed Sustainability Questionnaire, the Merchant grants the Operator a free license to use the E-shop name and its logo for the purpose of promoting the Program and Sustainable E-shops. The Operator may grant a sublicense to use the E-shop name and its logo to the Program partners, which are Visa Europe Limited, Company Registration Number 051 39 966, with its registered office at 1 Sheldon Square, London W2 6TT (hereinafter referred to as the " Partners ")

5.2. Confidential information, confidentiality obligations

5.2.1. The Operator and the Retailer undertake to maintain confidentiality regarding all information relating to the Operator and/or the Program or the Retailer and/or its E-shop that they learn in connection with the E-shop's participation in the Program and that is not public or does not by its nature imply that it should/can be published, particularly for the purpose of promoting the Program, individual E-shops, the Operator or Partners.

5.2.2. In particular, the contracting parties may not make this information available to third parties, use it for their own benefit or for the benefit of third parties in any way other than permitted by the contract or these Sustainable e-shop terms, and must take all available measures to comply with these obligations. This obligation continues even after the termination of the E-shop's participation in the Program. An exception to the obligation of confidentiality is the provision of information by the Operator to Partners for the purpose of implementing and promoting the Program.

5.2.3. In the event of a breach of obligations under this article, the party to whom the information relates shall be entitled to a contractual penalty of CZK 20,000 for each individual case of breach. The negotiation or payment of a contractual penalty shall not in any way affect the entitled party's right to compensation for damages.

5.2.4. Furthermore, the following are not considered a breach of confidentiality:

5.2.4.1. provision of confidential information to the necessary extent to authorities or persons legally entitled to such information and control of the activities of the contracting parties, nor

5.2.4.2. providing confidential information to persons legally bound by confidentiality obligations (e.g. notary, lawyer, tax advisor), nor

5.2.4.3. the use of confidential information in accordance with the contract in connection with the performance of obligations under the contract, nor

5.2.4.4. other use of protected information with the prior consent of the other contracting party, nor

5.2.4.5. provision of confidential information by the Operator to other members of its group, i.e. in particular subsidiaries, parent companies, and sister companies.

6. FINAL PROVISIONS

6.1. Rights and obligations not regulated by these OP Sustainable e-shop are governed by Terms and Special Terms to the extent that they do not conflict with these Sustainable e-shop terms, including the terms used and their interpretation, and also with generally binding legal regulations, in particular the Civil Code.

6.2. The rules for making unilateral changes to these Sustainable e-shop terms by the Operator are set out in Article 5.1 of the Terms.

6.3. These Sustainable e-shop terms come into effect on August 1, 2025.