Business terms of business
General terms and conditions of the company
1. Introductory provisions
1.1 The General Terms and Conditions of Business (hereinafter referred to as “GTC”) shall apply to all binding legal relations concerning work contracts concluded between Hobbytec CZ s.r.o., with its registered office at Tehovec, U Remízku 187, Postal Code 251 62, Company Identification Number: 292 17 253, registered in the Commercial Register maintained by the Municipal Court in Prague under file No. C 283138 (hereinafter referred to as the “Contractor”) and any natural or legal person who is the Client under the relevant work contract and these GTC.
In accordance with the provisions of Section 1751 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the GTC shall form an integral part of the contract and a binding annexe thereto. Amendments to these GTC shall be binding on both contracting parties only if the parties have agreed in writing. The binding content of the contractual relationship between the Client and the Contractor shall consist of: (i) the order/purchase order executed in written form with the specification of the subject matter of the performance (hereinafter referred to as the “Contract”), (ii) the measurement protocol for custom products (hereinafter referred to as the “Measurement Protocol”) and (iii) these GTC.
Should the provisions of the Contract, the Measurement Protocol and these GTC be in conflict, the provisions of the Contract take precedence unless there is a conflict in the technical specification of the subject matter of the work, in which case the provisions of the Measurement Protocol take precedence over the Contract.
The concluded Contract and/or the Measurement Protocol may be amended or modified only in the form of a written amendment. The contracting parties undertake to comment on the draft amendment to the Contract and/or the Measurement Protocol within 15 days of its receipt. The amendment to the Contract and/or the Measurement Protocol shall enter into force on the date of signature by the last of the parties.
The legal relations between the parties shall be governed by the Contract, the Measurement Protocol, these GTC and, unless otherwise provided for in these documents, by the provisions of the Civil Code and other legal regulations within their scope. By concluding the Contract with the Contractor, the Client expressly accepts all provisions of these GTC.
In this GTC, the term “Contract” shall be understood as the Contract including the Measurement Protocol, unless the meaning of the provision specified below indicates that only the Contract or the Measurement Protocol shall be considered.
2. Subject matter of the Contract
2.1 The subject matter of the Contract is the obligation of the Contractor as the supplier to perform the work at the expense and risk of the Client and the obligation of the Client to accept the work and pay the Contractor the agreed price for their performance.
2.2 The work shall include, in particular, creating any construction elements, components and other items according to the specification of the subject matter of the work specified in the Contract, as well as the delivery and installation of these items at the place defined by the Client in the Contract according to the agreed conditions, unless the Contract provides otherwise.
3. Method of ordering the work
3.1 The Client shall order manufacturing, delivery and installation of the work, unless otherwise specified in the Contract, in the manner specified in the following provisions.
3.2 The order may be sent in writing. In urgent cases, the order may be notified by telephone to the Contractor, whereby the telephone order must be confirmed in writing without undue delay. The order must include:
- the name/business name of the Client, the Client's registered office, the exact specification of the work, the expected delivery date, and the place of performance,
- the name, surname, place of residence and telephone contact of the Client's statutory representative if a legal entity,
- the name, surname, place of residence and telephone contact of the authorised person to execute the specific order on behalf of the Client.
3.3 The Client is entitled to cancel the already concluded Contract within five (5) working days of its conclusion by paying a cancellation fee of 25% of the work's total price, including VAT. The Client is entitled to cancel the Contract by paying a cancellation fee of 100% of the total price of the work, including VAT, after the 5th working day from the date of conclusion of the Contract. The Contract shall be cancelled in such cases by payment of the severance payment pursuant to this paragraph to the Contractor in the same way as in the case of withdrawal from the Contract. In contrast, the Client shall not be entitled to cancel the Contract in such a way if they have already accepted the Contractor's performance, even if only partially, i. e., for example, if they have paid the advance payment to the Contractor. If the severance payment was paid in cashless form, the date of payment of the severance payment should be the date on which the appropriate amount of the severance payment is credited in full to the Contractor's account specified in the footer of these GTC.
4. Concluding the work contract
4.1 The Contractor shall either confirm the order to the Client or immediately communicate their objections thereto, i. e., make a counterproposal. When the Contractor confirms the Client's order, or when the parties agree without reservations on the content of the Contract and the Measurement Protocol (see Article 4.2 of these GTC), the Contract can be concluded. Consecutively, such Contract shall bind both the Contractor and the Client. If the parties subsequently enter into a written Contract in certificated form, the information in the certificated Contract is binding on the parties, even if it differs from the information in the written acceptance of the Client's offer issued by the Contractor. Any subsequent or incidental provisions or agreements to the Contract must be made exclusively in writing in the form of a supplement and must be confirmed in writing by both parties.
4.2 Where necessary, the Contractor shall, with the Client's prior consent, carry out a measuring of the work at the place of performance, and a Measuring Protocol shall be drawn up. The Client is obliged to provide the Contractor with all the necessary assistance for a correct alignment and to provide the Contractor with all the required information. The accuracy of the data on the Measurement Protocol shall be confirmed by the Client's signature. The Measurement Protocol shall form an integral part of the Contract. In case of a conflict between the technical data in the Contract and the Measurement Protocol, such provisions of the Measurement Protocol shall prevail over the Contract.
4.3 Materials such as brochures, catalogues, pictures, drawings, construction designs and outlines, and other data concerning the goods shall be understood as informative unless expressly declared binding by the Contractor.
4.4 The Contractor shall execute the work as specified in the Contractor’s quotation or brochures. The Contractor reserves the right to make minor deviations from the samples identified in the booklet and to make changes in the design and shape of the work during the delivery period, provided that such changes do not substantially affect the functionality and appearance of the goods.
4.5 The Contractor retains ownership and copyright of catalogues, drawings and other documents relating to the manufacture and delivery of the work, without reservation. The Client shall not be entitled to use, translate, copy, reproduce, or otherwise make any materials or documentation relating to the work to third parties.
5. Price of the work
5.1 The price of the Work shall be governed by the Contractor's price list valid at the time of order confirmation. The prices quoted in the quotation are always quoted according to the current CZK/EUR exchange rate. Should the CZK/EUR exchange rate difference increase between the advance payment for the work and the delivery of the work, the Contractor shall be entitled to increase the price of the work by an adequate difference. Such exchange rate difference shall be considered as the difference between the exchange rate on the date of payment of the advance and the exchange rate on the date of delivery of the work.
5.2 The Contractor reserves the right to personally agree with the individual Client the price and payment conditions for the specific work ordered, in a manner different from the GTC, the applicable price list and other contracts.
5.3 Discounts and any other deductions from the total price of the work shall be subject to the personal agreement of the contracting parties unless the Contract provides otherwise.
5.4 Destruction and damage to the work at the time when the risk of damage to the property has passed to the Client shall not affect the Client's obligation to pay the price of the work correctly and on time.
5.5 By signing the work Contract, the Client expressly acknowledges that they have secured financing for the entire work. If this statement by the Client proves to be false or incorrect at any time during the execution of the work, the Contractor shall be entitled not to commence, interrupt or complete the work based on this statement, and the Client shall be obliged to provide the Contractor with adequate security for the Contractor's claims against the Client within ten (10) calendar days of the Contractor's request (e. g., The Contractor shall provide the Client with a guarantee, promissory note, pledge of the Client's property, transfer of ownership of the Client's property, assignment of the Client's claims, etc.).
6. Payment terms
6.1 The Client is obliged to pay the total price for the work duly and on time, under the conditions specified in the following provisions of this Article of the GTC and/or the Contract.
6.2 The Client is obliged to pay the total price of the work based on an invoice issued by the Contractor, its details to be determined by agreement of the Parties contained in the Contract and in accordance with applicable law. The Client shall pay the Contractor the price of the work in cash up to a maximum amount of CZK 270,000.00 (in words: two hundred and seventy thousand Czech crowns) at the Contractor's hands upon handover of the work by the Contractor or at the Contractor's registered office; the Contractor shall issue a written confirmation thereof, or by wire transfer to the Contractor's account specified in the contract and/or the invoice.
6.3 In the case of non-cash payment, the invoices are due seven (7) days after the invoice has been issued, unless otherwise stated in the invoice.
6.4 The date of fulfilment of a monetary obligation shall be deemed to be the date when the amount due is credited to the Contractor's account or paid in cash to the Contractor.
6.5 The Client undertakes to pay the Contractor a contractual penalty of 0.05% of the invoiced amount for each day of delay in the event of delay in payment of the Contractor's invoice. The Contractor's claim for damages shall not be affected, and the application of Section 2050 of the Civil Code shall be excluded. Should the Client's payment be in arrears for more than 30 calendar days, the Contractor will refer the case to a specialist debt collection company. The Client shall be obliged to compensate the Contractor separately in full for any damage and costs incurred by the Contractor in this connection as ancillary to the claim arising for this reason.
6.6 The Client shall not be entitled to unilaterally reduce, condition or offset payments. Unilateral set-off by the Client is only possible upon a final decision of a competent court confirming the validity of the Client's claims against the Contractor.
6.7 Should the delivery or assembly of the goods result in extra work due to the Client (in particular, due to inaccurate or incomplete preparation works), the Client is obliged to pay for such extra work according to the actual costs incurred by the Contractor.
6.8 Should instalments be agreed upon for the payment of the price of the work, the Contractor and the Client agree, in accordance with the provisions of Section 1931 of the Civil Code, that if the Client defaults on the payment of even a single instalment, the Contractor shall be entitled to the settlement of the entire claim.
7. Construction site, time limit, delivery conditions, construction readiness
7.1 Unless the contracting parties have agreed otherwise, the Contractor shall have the ordered item of work or part thereof (hereinafter collectively referred to as the "work") constructed, delivered and assembled, all under the terms and conditions specified in the following provisions of this article of the GTC unless the Contract provides otherwise. The contracting parties may also agree that the Contractor shall only manufacture the Item and subsequently deliver it to the Client or only hand it over for transport without any further obligations on the Contractor's part.
7.2 The Contractor shall deliver the Item at the place and time (term) specified in the Contract. A report shall be drawn up on the Item's delivery, which both contractual parties are obliged to sign. The Client is obliged to indicate in the handover report all defects which, in his opinion, the Item has at the time of its handover. If the Contractor is contractually obliged to arrange for the dispatch of the Item, the report shall not be signed. The protocol must contain at least the following: the Contract number, the name, business name or title of both contracting parties, the person accepting the Item (name, surname), the place of delivery of the Item, the date of its acceptance. Suppose the Client and/or their authorised representative are not present at the place of delivery at the time of delivery. In that case, the Contractor shall invite the Client to a new acceptance procedure within a period specified by the Contractor, which shall not be less than five (5) calendar days. If the Client or their authorised representative fail to appear to take delivery of the Item even on the alternative date notified in advance by the Contractor and/or refuse to sign the handover report, the Item shall be deemed to have been handed over to the Client on the date of the alternative date, free of defects and deficiencies. The Contractor shall state this fact in the handover report.
7.3 The contracting parties may agree to change the place and/or time of delivery after the conclusion of the Contract. Should the Item not be delivered at the agreed destination and/or at the arranged time for reasons on the Client's part, the Contractor is entitled to compensation for the costs incurred. If the Item cannot be delivered at the time agreed in the Contract due to a reason on the Client's side, or if the Client requests a different delivery date from the Contract, the Contractor shall be entitled to reimbursement of the costs associated with the storage of the Item from the date of the originally agreed delivery date according to the Contract until the actual delivery of the Item, in the lump sum of CZK 200.00 incl. VAT for each day of such custody. The Client is obliged to pay the total amount of the custody to the Contractor on the day of delivery unless otherwise agreed between the contracting parties. By concluding the Contract, the Client acknowledges that in case of non-compliance with the originally agreed delivery date according to the Contract, the Contractor shall be entitled to offer another possible delivery date even several days or weeks later than the Client's proposal, but no later than four (4) weeks from the date proposed by the Client, all due to the previously agreed assembly capacities of the Contractor's staff and with regard to the handling of previous orders. Such extension of the date of replacement delivery shall not affect the Contractor's entitlement to payment of the total costs associated with the storage of the item pursuant to this clause until the time of replacement delivery to the Client.
7.4 The agreed time limit for the execution and delivery of the Item shall commence on the later of the date of payment of the advance payment for the implementation of the work by the Client and the surveying of the work for the purposes of the Measurement Protocol. If the delivery time is fixed by a time limit, the Contractor shall be entitled to deliver the Item during the entire time limit.
7.5 If the Contractor is unable to deliver the Item within the time specified in the Contract due to force majeure, the delivery time shall be extended proportionately by the duration of the force majeure. Force majeure shall be deemed to be unforeseeable or foreseeable but uncontrollable events affecting the execution or delivery of the work, in particular strikes, measures by public authorities, natural elements and disasters, etc. As far as possible, the Contractor shall notify the Client of these facts, together with at least the approximate possible time of the delivery. If the Contractor's performance becomes impossible as a result of force majeure, their obligation to perform the work shall cease. Suppose the Contractor's performance becomes feasible only at increased economic costs as a result of force majeure. In that case, the Client may withdraw from the Contract but shall be obliged to reimburse the Contractor for all costs incurred up to that time in connection with the commencement of performance of the work under the Contract.
7.6 If the Contractor is obliged to deliver and install the Item by means of a transport special, the delivery shall include the placement of the Item in a prearranged place arranged by the Client. If the delivery does not include the fitting/assembly of the Item, the Contractor shall arrange transport to the destination. The Client is obliged to provide the necessary equipment to assemble the Item on the specified date and time of delivery. Necessary equipment means sufficiently suitable and robust equipment (construction crane) to build the ordered Item at the destination. In this case, the Contractor shall not be liable for the assembly of the Item. The Client is obliged to ensure that the necessary equipment is in place for the assembly of the Item on the date announced in advance by the Contractor, with a maximum tolerance of 60 minutes from the date set by the Contractor. The time required for the assembly of the cargo is set by the forwarding company at a maximum of 120 minutes from the date and time set by the Contractor. Should this time be exceeded, the Contractor or the freight company may be charged EUR 200 per hour.
7.7 If the Contractor is not obliged to assemble the work under the Contract and the Client fails to take it over in violation of its obligations under the Contract or this GTC, even after a written request from the Contractor, the Contractor is entitled to withdraw from the Contract. The Contractor's right to compensation for any damages shall not be affected. If the Client fails to take possession of the work even after the Contractor's request, the Contractor shall be entitled to reimbursement of the costs associated with the storage of the Item from the date of the specified alternative delivery date until the time of the alternative delivery or termination of the contract, in the lump sum of CZK 200.00 incl. VAT for each day of such custody. The Item shall be deemed to have been delivered at the moment of its delivery to the designated place of delivery.
7.8 If the contracting parties have agreed in the Contract that the Contractor is obliged to dispatch the Item, the Item is delivered at the moment of handing it over for transport to the first carrier and the Contractor is obliged to transfer the rights under the transport contract to the Client, unless the rights are held directly under the transport contract. However, in relation to the Client, the arrangements under the preceding sentence shall only apply if the carrier has been appointed by the Client without having been offered by the Contractor. The Contractor is obliged to deliver to the Client without delay all documents necessary to handle the Item. Unless the contracting parties have agreed otherwise, the Contractor is entitled to designate the transport route, the means of transport, and the transport company or the transport manager. Unless the contracting parties have agreed otherwise, the Item shall be delivered unpacked.
The Contractor shall hand over all documents and papers belonging to the Item to the Client together with the Item.
7.9 If the Item is delivered with assembly, delivery of the Item shall only occur at the time of completion of assembly. Unless otherwise stipulated in the Contract, the Client is obliged to prepare the site for the assembly of the Item specified in the Contract in accordance with the Contractor's instructions, including by carrying out the additional landscaping and surface modifications specified in the Contractor's notification of the need for such modifications, no later than on the date of commencement of the assembly of the Item agreed in the Contract.
7.10. If the Client fails to prepare the site for the installation of the Item or fails to make the necessary adjustments by the date of delivery thereof or fails to provide the equipment for the delivery thereof in time or the item cannot be delivered due to unavailability, the Supplier shall be entitled to:
(a) Terminate the Contract; or
(b) Not proceed with the work until they have received notice from the Client that the site is ready for the installation of the Item or that the finishes specified in the Contractor's notice have been completed. If the information given in the Client's notification proves to be false or partially false, the Client shall be liable for any damage caused to the Contractor thereby and shall be obliged to pay the Contractor all costs incurred in connection therewith. For as long as the Contractor is not allowed to continue with the work in accordance with this paragraph of the GTC, the Contractor shall not be in default in completing the work in accordance with the contract and these GTC.
7.11. If the Contractor withdraws from the Contract in accordance with Article VII(10)(a) of this GTC, the Client shall be obliged to pay the Contractor the price of the work performed to date. The right to compensation for damages incurred by the Contractor shall not be affected.
7.12. If the Contractor proceeds in accordance with Article VII(10)(b) of this GTC, the Client shall be obliged to compensate the Contractor for all costs and damages incurred in connection with the storage and storage of the work performed to date.
7.13. The Client is obliged to ensure that access roads are passable and that the installation site is accessible. The access and the assembly site must be accessible for vehicles weighing up to approx. 40 tonnes. The vehicle transporting the item requires access to the site with a sufficient width corresponding to the size of the item and space for handling the item approximately 10 m in front of the installation site.
7.14. If the Contractor fails to deliver the Item at the time and place agreed upon in the Contract, the Client shall be entitled to demand a contractual penalty of 0.03% (in words: three-hundredths of a per cent) of the total price of the work, including VAT, for each day of delay, up to a maximum of 3% (in words: three per cent) of the invoiced amount of the total price of the work, including VAT, or part thereof, for which the Contractor is in default.
7.15. The Contractor shall not be obliged to insure the item during transportation unless the Contract provides otherwise.
7.16. The Contractor shall notify the Client that the delivery of the Item and any installation may only be carried out if the outside ambient temperature does not fall below -4 degrees Celsius. The Contractor shall be entitled to fail to deliver, not to start or to interrupt the work in the event of adverse weather in the following alternatives: the temperature at 8 a.m. on the day of delivery drops below -4 degrees Celsius, or it snows or rains with wind, the wind is excessively strong making handling and assembly impossible.
8. Danger of damage
8.1 The liability for damage to the Item shall pass to the Client upon delivery of the Item to the place of delivery specified in the Contract. If the Contract does not contain an obligation of the Contractor to deliver the Item to a specific place, the risk of damage thereto shall pass to the Client as soon as the Item is handed over to the first carrier for transport.
8.2 By concluding the Contract, the Client acknowledges that if the shelter/pergola/conservatory is situated next to a house where there is a risk of a snow slide, the Contractor recommends placing snow slide barriers on the roof of the house for the safety of the Client and the safety of the shelter/pergola/winter garden structure. If a snow slide occurs and the shelter/roof/conservatory is damaged for a reason stated, it does not constitute a claim for a defect in the work attributable to the Contractor. By prior agreement of the contracting parties, the Contractor may make a chargeable trip to repair the damaged part of the Item. The Contractor recommends that the Client report the insurance claim to its insurance company.
9. Defects of the work, quality guarantee
9.1 Liability for defects, the quality guarantee and the rights and obligations arising therefrom shall be governed by the applicable legal regulations.
9.2 The Contractor shall be liable under the statutory liability for defects for defects in the work present at the time of handing it over to the Client.
9.3 Unless otherwise agreed, the warranty period shall be 2 years from the date when the Client accepts the work.
9.4 Immediately after being allowed to handle the work, the Client shall inspect the work thoroughly to determine whether it is free from defects or whether it has been delivered with all accessories and relevant documents. The Client shall immediately notify the Contractor in writing of any defects found within 24 hours of being allowed to handle the work.
9.5 The Contractor shall be liable under the quality guarantee for defects in the work that arise during the guarantee period. However, the Contractor shall not be liable under the Contractor's statutory liability for defects or under the Contractor's voluntary quality guarantee for defects that arise as a result of a breach of the Client's obligations, e. g., mechanical damage, faulty or negligent handling of the work, overloading, unsuitable operating environment, inadequate construction work on the part of the Client, unsuitable land for mounting and installation of the Item, failure to comply with the obligations under this GTC related to the use of the Item, defects that arise in the Item after the risk of damage thereto has passed as a result of transport, external interference and influences, interference by third parties, for which the Contractor is not liable.
9.6 The Client is obliged to notify the Contractor, or a person authorised by the Contractor, in writing immediately after discovering the defect, but no later than 48 hours after discovering the defect, exclusively by e-mail to the following address: firstname.lastname@example.org. In the written notification of the defects to the Contractor, the Client must specify the following: the number of the Contract in respect of which the service is claimed, a description of the defect (how it manifests itself), detailed photographic documentation, as well as the telephone contact and the responsible person who will communicate with the Contractor to remedy the defects.
9.7. The Client's rights arising from defects covered by the warranty shall be extinguished if:
- The Client fails to timely and adequately notify the defects in accordance with this GTC,
- The Customer has failed to discover them, although it could have discovered them with timely inspection and due diligence, by failing to inspect in accordance with these GTC or by failing to inspect with due diligence.
9.8 The Contractor is obliged to decide on the validity of the Client's claim within three (3) days of receipt of the notification of the defect in the work or if it is not possible to decide on the validity of the claim without inspection of the work, to notify the Client of the date of inspection within this period. The Client shall provide the Contractor with the necessary assistance to enable the inspection of the work to take place.
9.9 If the claim is justified, the Contractor shall simultaneously, within the time necessary for a decision on the validity of the claim pursuant to this GTC, determine the time limit and the method of remedying the defect within 30 days of the date of receipt of the Client's notification of the defect in the work.
9.10. In the case of other defects, the Contractor may remedy such defects either by repair, modification or replacement within a reasonable period of time corresponding to the work involved and the weather conditions underlying the technological and assembly processes. The Contractor is responsible for determining the method of remedying the defect if the Client is not a consumer. If the Client is not a consumer, the Client's claims for withdrawal from the Contract or a discount on the price of the work shall be excluded if it is within the technical possibilities of the Contractor to remedy the defects in the work. Irremediable defects, which do not restrict the use of the work but only reduce the value of the work, shall entitle the Client to a discount on the price of the work corresponding to the value of the actual reduction in the price of the work.
9.11. The Client is obliged to provide the Contractor or persons authorised by the Contractor with access to the work and to provide assistance to enable the Contractor to repair defects in the work.
9.12. The use of reinforced concrete for the construction of the work may result in cracks due to settlement, shrinkage, stress cracks, cracks due to temperature changes; however, such variations, changes and/or intolerances shall not be considered as defects in the work that materially affect the utility value and shall not entitle the Client to claim a discount on the price of the work. Claims for defects shall not arise if the work delivered under the Contract is suitable for the intended or usual purpose and has the characteristics appropriate for works of this type and which the Client can expect. Slight dimensional deviations are technically and production-related and are not classified as a defect in the work. Claims of any kind are therefore excluded on this ground.
10. Ownership reservation
10.1 Title to the Item shall pass to the Client on the date of full payment of the total price of the work, including VAT, as agreed in the Contract and on signing the handover protocol, whichever is later. To determine the fulfilment of the obligation to sign the protocol, the fiction according to Article 7.2, the last sentence of these GTC shall apply. The application of Section 2133 of the Civil Code is hereby excluded. The provisions of this Article shall apply to the regulation of certain rights and obligations between the Contractor and the Client if the Client uses the Item but has not yet acquired ownership rights thereto.
10.2 If the Client pays the total price of the work, including VAT, and/or the unpaid part thereof to the Contractor after acceptance, the Contractor shall remain the owner of the Item until the total price of the work, including VAT, has been paid in full to the Contractor (retention of title). The risk of damage to the work shall pass in accordance with Article VIII of these GTC. The Client is, in this case, only the holder of the Item.
10.3 Until the Client becomes the Item's owner, they are obliged to maintain the Item at their own expense in proper and serviceable condition. Should any damage or defect occur to the Item, the Client is obliged to notify the Contractor without delay. If the damage is not the responsibility of the Contractor, the Client is obliged to arrange for the repair of the item at his own expense. The Client shall not be entitled to change the technical characteristics and design of the Item without the prior written consent of the Contractor. Changes and modifications to the Item may only be made by the Contractor at the Client's expense. Until it becomes the owner of the Item, the Client may not give it to a third party for use, sell or lease it, pledge it, use it to secure its obligations, or dispose of it in any other way.
10.4 If the Client, despite this prohibition, allows a third party to dispose of the Item or transfers it to a third party. It is not possible to revoke this right of the third party, the Client shall be obliged to transfer to the Contractor the payments paid to the Contractor on account of the legal relationship between the Client and the third party and the rights or claims which have accrued to the extent of the total price of the work, including VAT, which has not yet been paid. The Client is obliged to reimburse the Contractor for all costs associated with the exercise and enforcement of ownership and related rights or claims relating to the Item.
10.5. The Client shall immediately notify the Contractor of any damage to the delivered Item, specifying any execution proceedings in which the executor includes the item and/or parts thereof subject to retention of title in the inventory of movable property or based on which the Client's creditor will be satisfied by the sale of the movable Item or the sale of the immovable item - the part subject to retention of title, and deliver to the Contractor copies of the execution orders or other documents drawn up and delivered to the Client during the execution proceedings.
10.6 Should the Item be wholly destroyed or stolen, the Contractor is entitled to set off against the insurance claim an amount corresponding to all their present and future claims under the Contract that have not yet been settled. If any, the balance of the insurance claim shall be paid by the Contractor to the Client. The Client shall notify the Contractor of the permanent or temporary location of the Item and/or part thereof and shall inform the Contractor without delay of any changes to such location, and shall allow the Contractor access to the Item and/or part thereof at any time without notifying the Contractor of its intention to inspect the Item and/or part thereof.
10.7 Should the Client fail to pay the Contractor the total price of the work, including VAT, and/or the part thereof not yet paid by the Client, even after the Contractor's written demand for payment of the total price of the work, including VAT, and/or the part thereof not yet paid by the Client, the Contractor is entitled to take back possession of the Item and/or the part thereof, even without the Client's cooperation and/or without prior notification to the Client of this fact. For this purpose, the Client authorises the Contractor to enter the Client's land on which the Item and/or part thereof is located to take back the Item and/or part thereof into the Contractor's possession.
11. Use of the Item
11.1 The Client is obliged to use the Item in accordance with its intended use and in accordance with the relevant binding regulations and instructions of the Contractor and/or third parties designated by the Contractor. The Client is obliged to ensure regular maintenance of the Item at their own expense. The Client is not entitled to make technical or design changes to the item during the warranty period without the Contractor's prior written consent. Based on written consent, changes and interventions may only be carried out by the Contractor at the Client's expense.
11.2 If the Client fails to comply with the obligations set out in this article of the GTC for the duration of the warranty, the rights arising from the warranty shall cease at the time of the breach.
11.3 By concluding the Contract, the Client acknowledges and agrees that some parts of the work's subject matter (Item) may contain the advertising marking (logo) of the Contractor and/or the manufacturer. The Client acknowledges and agrees that they shall not be entitled to any monetary and/or non-monetary compensation from the Contractor and/or the manufacturer in connection with the Supplier's and/or the manufacturer's published marking (logo) on the work (Item), in particular in connection with such published advertising of the Contractor's and/or the manufacturer's trade name. By concluding the Contract, the Client waives any such claims and declares that it will not claim them from the Contractor and/or the manufacturer at any time in the future.
11.4 By entering into the Contract, the Client acknowledges and agrees that the Contractor may take photographs and/or audio-visual recordings of the subject matter of the work (the Item) and its immediate surroundings for the Contractor's internal purposes relating to the performance of the Contract, as well as to promote the Contractor's products and its business to the public. The Contractor shall be entitled to publish the photograph and/or audio-visual recording taken on its website, Facebook, Instagram and any other social networks manages by them and/or where they showcase their products and their company. The Contractor shall also be entitled to use the photograph and/or audio-visual recording in an ensemble work for the same purposes. The taking and publication of the photographs and/or audio-visual recording by the Contractor shall not give rise to any claims on the Client's part, in particular for monetary and/or any non-monetary consideration. The Client is entitled to withdraw the consent referred to in this paragraph at any time by written notice sent to the Contractor's e-mail address specified in these GTC. The Client acknowledges that the withdrawal of consent shall only have future effects and shall not affect works already published.
12. Liability for damages
12.1 The contracting parties shall be liable for damages caused by the breach of their obligations.
12.2 Subject to the exceptions arising from the provisions of Section 2898 of the Civil Code, the Contractor shall only be obliged to compensate the Client for damage to property (damage) to the extent of actual damage that exceeds the amount corresponding to the liability insurance claim paid to the Client and/or a third party in connection with the insured event. If the Contractor does not have such an insurance policy, they are only obliged to compensate for the damage to the extent of the cost of repairing the damaged item or restoring the damaged item to its original condition.
12.3 To the maximum extent permitted by the applicable law, damages shall not be compensated for which exceed the damages which the obligated party could have foreseen at the time of the formation of the contractual relationship as a possible consequence of the breach of its obligation or which could have been foreseen given the facts which the obligated party could or should have known with ordinary care at that time.
13. Termination of the work Contract
13.1 The Contract shall terminate on the date when all rights, obligations and claims of the contracting parties arising therefrom have been settled.
13.2 The Contract may otherwise be terminated by agreement of the contracting parties or by withdrawal from the Contract in the cases specified in the Civil Code, the Contract and in the cases specified in these GTC.
13.3 The Contractor is entitled to withdraw from the Contract, in particular in the following cases:
- When the Client is in default in payment of the price for the work and/or part thereof for more than 15 days,
- After the Contract has been concluded with the Client, demonstrable facts have arisen on the Client's side, which gives rise to justified doubts as to the possibility of timely and complete fulfilment of all obligations and commitments on the part of the Client, especially in relation to the payment of the price of the work, and the Client has not provided the Contractor with a sufficient guarantee even after the Contractor's request,
- When the place of delivery is unavailable to the technician, it is not possible to deliver the Item to its destination, and the Client has not, despite the Contractor's request, arranged for the item to be delivered in another way,
- When the Client fails to ensure the readiness of the building or the technique for the assembly of the item in time,
- The Client enters into insolvency proceedings, or the Client enters into liquidation.
13.4 Any withdrawal from the Contract shall be in writing. The Client's withdrawal from the Contract shall not terminate the rights and obligations that have arisen as a result of the breach thereof, in particular the right to compensation for damages, contractual fines and other penalties. Should the Client withdraw from the Contract, they are obliged to transport the Item to the Contractor at their own expense if the Item has not been placed at the place of delivery or if the installation thereof has not been carried out. If the Contractor fails to do so, the Contractor is entitled to remove the item at the Client's expense, including by entering the land owned by the Client and removing it himself, which the Client authorises him to do by signing the Contract. The Client is obliged to hand over the Item to the Contractor in its original condition, taking normal wear and tear into account. If the Client breaches this obligation, the Contractor shall be entitled to restore the item to its original condition at the Client's expense.
14. Processing of personal data
14.1 The Contractor, as the controller, shall process personal data, i. e., all information about an identified or identifiable natural person provided by the Client as a data subject or obtained by the Contractor on the basis of the performance of the Contract (hereinafter referred to as "Personal Data"), under the terms of the relevant legal regulations, i. e., in particular, Regulation No. 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 (hereinafter referred to as "GDPR") and Act No. 101/2000 Coll, on the protection of personal data and on the amendment of certain acts, as amended. The categories of Personal Data processed are identification and contact data, and the lawful reason for processing Personal Data is the performance of the contract between the Client and the Contractor pursuant to Article 6(1)(b) GDPR. The processing of Personal Data shall be carried out to exercise the rights and obligations arising from the contractual relationship between the Client and the Contractor, whereby the Personal Data shall be retained by the Contractor for the period necessary for the exercise of the rights and obligations arising from the contractual relationship between the Client and the Contractor and the exercise of claims arising from such contractual relationship. The Contractor shall not disclose the Personal Data provided to any third parties, except to persons involved in the performance of the Contract and in cases where the Contractor is obliged to provide or disclose them based on legal regulations or final and enforceable court or other similar decisions. The Contractor does not intend to transfer Personal Data to a third country or an international organisation. Personal Data shall be processed in electronic form by automated means or in paper form by non-automated means. The Client confirms that the data provided is accurate and undertakes to provide his personal data correctly and truthfully and inform the Contractor without undue delay of any change in their Personal Data. In relation to Personal Data, the Client has the right to:
1. Access their Personal Data, i. e., the right to obtain confirmation from the controller (the Contractor) as to whether or not the Personal Data concerning them are being processed and, where applicable, the right to access their Personal Data pursuant to Article 15 of the GDPR,
2. Rectification, i. e., the right to have inaccurate Personal Data concerning the Client corrected by the controller (Contractor) without undue delay, as well as the right to have incomplete Personal Data completed pursuant to Article 16 GDPR,
3. Erasure, i. e., the right for the controller (Contractor) to erase the Personal Data without undue delay if one of the grounds listed in Article 17(1) GDPR applies,
4. Restrict processing in the cases referred to in Article 18 GDPR,
5. Portability of Personal Data under the conditions set out in Article 20 of the GDPR,
6. Object to the Processing of Personal Data under the conditions set out in Article 21 of the GDPR,
7. Lodge a complaint with a supervisory authority if they believe that the processing of Personal Data has violated the law. The supervisory authority in the Czech Republic is the Office for Personal Data Protection, located at Pplk. Sochora 27, 170 00 Prague 7. The Contractor may be contacted in writing at the address of the controller's registered office listed above, in writing via email at email@example.com or by telephone at 840 810 810.
15. Final provisions
15.1 These GTC are binding as of 1 March 2021.
15.2 The Client is obliged to notify the Contractor without delay of the fact that they have commenced insolvency proceedings against their person as debtor, that enforcement proceedings have been commenced against their person as obligor, or that the Client has taken a decision to dissolve with liquidation.
15.3 The rights and obligations of the contracting parties, which are not expressly regulated by the Contract, the Measurement Protocol and/or this GTC, shall be governed by the provisions of the Civil Code and other generally binding regulations within the scope of their competence.
15.4 The contracting parties undertake to resolve any disputes arising from the Contract by mutual negotiation in the first instance. If one of the contracting parties notifies the other party that they consider an attempt to reach an agreement to be impossible or refuses to communicate with the other party, the dispute shall be resolved by the court of competent jurisdiction at the Contractor's registered office in accordance with the laws of the Czech Republic.
15.5 By signing the Contract, the Client declares that they are solvent, not bankrupt or threatened with bankruptcy, and that no insolvency proceedings have been initiated against them.
15.6 By signing the contract, the Client confirms that they have thoroughly familiarised themselves with these GTC and accept the conditions set out therein.
15.7 The contracting parties declare that the GTC form an integral part of the Contract as its Annex.
15.8 The Client agrees to use the Contract information for marketing purposes of the Contractor's presentation.
15.9 The application of the last sentence of Section 1764 as well as the application of Sections 1765 and 1766 of the Civil Code shall be excluded.
15.10. The Client declares that the subject of performance shall be delivered to a construction used for housing or social housing that meets the conditions of Section 48 of Act No. 235/2004 Coll., on Value Added Tax, as amended, and, thus, meets the conditions for the application of a reduced tax rate. If the Client's declaration proves to be incorrect and the Contractor suffers any financial loss. As a result, the Client is obliged to compensate the Contractor in full based on the Contractor's invoice with a due date of seven (7) days from the date of its issue.
15.11. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company Identification Number: 000 20 869, Internet address: www.coi.cz, is the competent authority for the out-of-court settlement of consumer disputes arising from the contract.