General Terms and Conditions

1. Introductory Provisions

1.1. These general terms and conditions (the “GTC”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Czech Civil Code, the mutual rights and obligations arising in connection with or under a contract (a contract of sale or a contract for work) concluded between:

and another natural or legal person (the “Customer”).

1.2. For the purposes of these GTC, a consumer means a natural person who, when concluding the contract, does not act in the course of a business activity or independent profession.

1.3. These GTC form an integral part of the contract concluded between the Contractor and the Customer.

2. Conclusion of Contract and Subject of Work

2.1. The subject of performance is in particular the supply, installation, mounting, commissioning and, where applicable, servicing of air conditioning units, heat pumps, photovoltaic systems or other technologies (the “Work”).

2.2. The contractual relationship between the Contractor and the Customer is established upon the Customer’s confirmation of the Contractor’s individual price quotation (e.g. by email, signature of the quotation or any other demonstrable means) or upon signing a separate contract for work.

2.3. Any change in the scope of the Work (additional works or changes to the technical solution) must be agreed by both parties. Such changes may affect the price and completion date of the Work.

2.4. Should unforeseeable technical circumstances unknown at the time of preparing the quotation arise during execution of the Work, the Contractor is entitled to propose a technical solution and an adjustment of the price.

3. Price and Payment Terms

3.1. The price for the Work is set out in the Contractor’s individual price quotation.

3.2. The Contractor is a registered VAT payer.

3.3. The Contractor is entitled to require an advance payment of up to 100% of the cost of materials or other costs required to perform the Work.

3.4. The balance of the price is payable on the basis of an invoice issued after completion and handover of the Work or part thereof, unless agreed otherwise.

3.5. Invoices issued by the Contractor are due within 14 days of issuance, unless stated otherwise.

3.6. In the event of late payment, the Customer is obliged to pay the Contractor statutory default interest in accordance with applicable law.

3.7. Where the Work is carried out using subsidy programmes, the obligation to pay the full price of the Work remains with the Customer. Granting of the subsidy is a separate legal relationship between the Customer and the subsidy provider.

4. Performance of the Work and Site Readiness

4.1. The Customer is obliged to ensure, at their own expense, the site readiness required for the Work, in particular:

• access to electrical power
• access to the installation site
• structural readiness of the area
• clearance of the area for installation

4.2. If the Work cannot be carried out within the agreed term due to insufficient readiness on the Customer’s side, the Contractor is entitled to charge the costs of a wasted technicians’ call-out according to the current price list.

4.3. Upon completion of the Work, a handover protocol shall be drawn up between the parties.

4.4. Minor defects and outstanding items that do not prevent safe use of the Work are not grounds for refusing acceptance.

4.5. The risk of damage to the Work passes to the Customer upon acceptance of the Work.

5. Withdrawal from the Contract

5.1. If the Customer is a consumer and the contract was concluded by means of distance communication (e.g. via the internet or by telephone), they have the right to withdraw from the contract without giving any reason within 14 days of conclusion of the contract.

5.2. If the consumer requests that performance of the Work begins before the withdrawal period expires, they are obliged to pay a proportionate part of the price corresponding to the performance already provided.

5.3. The right to withdraw from the contract ceases where the Work has been fully completed with the consumer’s consent.

5.4. Withdrawal is not possible for equipment that has been modified to the Customer’s specification or is permanently installed in the property.

6. Rights from Defective Performance (Complaints)

6.1. The Contractor provides a warranty on installation work for 24 months, unless stated otherwise.

6.2. The warranty on supplied equipment is governed by the warranty conditions of the individual manufacturers.

6.3. A condition for maintaining the warranty on certain equipment may be the performance of regular service inspections by an authorised service provider in accordance with the manufacturer’s requirements.

6.4. Complaints may be submitted in writing to the email: info@smartair.cz.

6.5. The Contractor will decide on the complaint without undue delay, no later than within 30 days of its submission, unless the parties agree otherwise.

6.6. The Contractor is not liable for defects caused by:

• improper use of the equipment
• intervention by third parties
• failure to follow the manufacturer’s instructions
• unsuitable structural conditions

7. Personal Data Protection

7.1. The Contractor processes the Customer’s personal data in accordance with applicable data protection legislation.

7.2. Detailed information on the processing of personal data is set out in the Privacy Policy published on the Contractor’s website.

8. Out-of-Court Dispute Resolution

8.1. In the event of a dispute between the Contractor and a consumer, the consumer has the right to out-of-court resolution of the consumer dispute.

8.2. The body for out-of-court resolution of consumer disputes is:

Czech Trade Inspection Authority – www.coi.cz

9. Final Provisions

9.1. Legal relations arising under these GTC are governed by the laws of the Czech Republic.

9.2. If any provision of these GTC is found to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.

9.3. The Contractor reserves the right to unilaterally amend or supplement these GTC. The new wording will be published on the Contractor’s website.

9.4. These GTC take effect on 1 January 2024.