GENERAL TERMS AND CONDITIONS
The Contractor under these GTC means the commercial company LUXURELAX s. r. o., with registered office at Karpatské námestie 7770/10A, 831 06 Bratislava – Rača, Company ID: 57 556 245 (hereinafter referred to as the “Contractor”).
I. GENERAL PROVISIONS
These General Terms and Conditions govern the mutual rights and obligations of the contracting parties, and thus apply to all contracts concluded between the Contractor and the Client. In the further text of these GTC, the Client means both a consumer and a business entity. The contracting parties acknowledge that the provisions of the GTC form an integral part of the contract and are in accordance with the relevant provisions of Act No. 40/1964 Coll. as amended (Civil Code) and Act No. 513/1991 Coll. as amended (Commercial Code). Amendments to these GTC are binding on both contracting parties only if the contracting parties have expressly agreed to them in writing in the contract. The binding content of the contractual relationship between the Client and the Contractor is formed by: (i) the Work Contract (WC) (based on a confirmed written order containing the essential elements of the contract and its confirmation, or a separate work contract), (ii) a measurement protocol for the contract products (hereinafter referred to as the “measurement protocol”), and (iii) these GTC. In the event of a conflict between the provisions of the WC, the measurement protocol, and these GTC, the provisions of the specific work contract shall take precedence, and where there is a conflict in the technical specification of the subject of the work, the provisions of the measurement protocol shall take precedence.
The concluded WC and/or measurement protocol may only be amended or supplemented by way of written amendments. The Contractor and the Client undertake to respond to a proposal for amendment/supplementation of the contract and/or measurement protocol within 15 days of its delivery to the other party. The amendment to the contract and/or measurement protocol takes effect on the day of signature by the last of the contracting parties. Legal relationships not regulated between the contracting parties under the WC or these GTC shall be governed by the relevant provisions of the Civil Code or the Commercial Code, depending on which legal regime governs the specific contractual relationship between the parties. At the moment of conclusion of the work contract between the Client and the Contractor, the Client expressly accepts all provisions of these GTC. In these GTC, the term “contract” further means the contract including the measurement protocol, unless the meaning of a provision specified below implies that it refers only to the contract or only to the measurement protocol.
II. SUBJECT MATTER OF THE CONTRACT
The subject matter of the contract is the Contractor’s obligation to deliver the contractually agreed performance to the Client at its own expense and at its own risk (work or goods), and the Client’s obligation to accept the agreed subject matter of the contract and pay the Contractor the agreed price.
“Work” under these GTC means, in particular, the manufacture of any construction elements, components, and other items, according to the specification of the subject of the work set out in the specific contract, as well as the delivery and installation of these items at the location specified by the Client in the contract under agreed conditions, unless the work contract provides otherwise. “Goods” means the delivery of performance in movable items without their installation (purchase contract).
III. ORDER
The order must be in written form; a telephone order must be confirmed in writing by the Contractor, otherwise it shall not be taken into account. The conclusion of a separate work contract between the Client and the Contractor shall also be considered confirmation of an oral order. The Client confirms that prior to submitting the order, they have familiarised themselves with these GTC, understood their content, and agree with them in full.
The order must contain: The name and surname/business name of the Client, the residence/registered office of the Client, precise specification of the work, the expected delivery date and place of performance, the name, surname, residence, and telephone contact of the statutory representative of the Client that is a legal entity, the name, surname, residence, and telephone contact of the person authorised to place the specific order on behalf of the Client.
The Client is entitled to cancel a validly concluded contract:
- within 10 working days from the date of its conclusion, by paying a withdrawal fee of 10% of the total price of the work, including VAT,
- from 10 to 30 working days from the date of its conclusion, by paying a withdrawal fee of 50% of the total price of the work, including VAT,
- after the expiry of 30 or more working days from the date of its conclusion, by paying a withdrawal fee of 100% of the total price of the work, including VAT.
In the above cases, the contract is cancelled on the day the withdrawal fee is paid to the Contractor. If the withdrawal fee is paid by bank transfer, the day of payment of the withdrawal fee is considered the day on which the relevant amount of the withdrawal fee is credited in full to the Contractor’s bank account.
An extension of the delivery period, provided the Contractor notified the Client in time, cannot be considered a withdrawal from the contract. In the event that the Client withdraws from the contract, Article III, paragraph 3, letters a), b) or c) of these GTC shall apply.
IV. CONCLUSION OF THE WORK CONTRACT
The Contractor shall confirm the Client’s order or immediately submit a counter-proposal. Upon confirmation of the Client’s order by the Contractor, or at the moment when the contracting parties agree without reservation on the content of the contract and the measurement protocol, the contract shall be concluded. If a written contract in paper form is subsequently concluded between the contracting parties, the data contained in this paper contract shall be binding on the contracting parties in full, even if they differ from the data in the written acceptance of the Client’s offer issued by the Contractor. Any further or collateral arrangements or agreements to the contract must be made exclusively in writing, in the form of an amendment, and must be confirmed in writing by both contracting parties.
The Contractor, if necessary and with the prior consent of the Client, shall itself carry out the measurement of the work at the place of performance, about which it shall draw up a measurement protocol. The Client is obliged to provide the Contractor with all necessary cooperation for proper measurement and to provide it with all necessary information. The correctness and completeness of the data on the measurement protocol shall be confirmed by the Client’s signature. The measurement protocol forms an integral part of the contract. In the event of a discrepancy between the technical data stated in the contract and in the measurement protocol, the technical data stated in the measurement protocol shall take precedence.
Various materials, such as brochures, drawings, catalogues, images, design proposals, and other data relating to the goods, are for information purposes only, unless expressly declared binding by the Contractor. The execution of the subject of the work shall be carried out by the Contractor as stated in the Contractor’s offer or brochures. The Contractor reserves the right to make minor deviations from the samples stated in the brochure and the right to make changes in construction, provided these changes do not have a fundamentally significant impact on the functionality and appearance of the agreed work.
The Contractor retains, without reservation, ownership and copyright of catalogues and other documents related to the production and delivery of the work. The Client is not entitled to use, copy, reproduce, or otherwise make available to third parties any materials or documentation of the Contractor related to the subject of the work.
V. PRICE OF THE WORK
The price of the work is governed by the Contractor’s price list valid at the time of order confirmation by the Contractor. The prices stated in the offer are quoted according to the current CZK/EUR exchange rate. In the event of an increase in the CZK/EUR exchange rate difference between the payment of the deposit for the work by the Client and its delivery, the Contractor is entitled to increase the price of the work by the appropriate difference. This exchange rate difference is calculated as the difference between the exchange rate on the day of deposit payment and the exchange rate on the day of delivery of the work.
The Contractor is entitled to personally agree with a specific Client on pricing and payment conditions for a specific ordered work that differ from the GTC, the current price list, and other contracts.
Discounts and any other deductions from the total price of the work are possible exclusively upon mutual personal agreement of the contracting parties, unless the contract provides otherwise.
The destruction or damage of the work during the period when the risk of damage to the item has passed to the Client shall not affect the Client’s obligation to duly and timely pay the agreed price of the work.
By signing the work contract, the Client expressly declares that they have sufficient financial resources to pay the full price of the work. In the event that this declaration by the Client proves to be false at any time during the execution of the work, the Contractor is entitled to refrain from commencing, to interrupt, or to fail to complete the agreed work, and the Client is simultaneously obliged, within 10 calendar days of a written request by the Contractor, to provide the Contractor with adequate security for the Contractor’s claim (e.g. a guarantor’s declaration, promissory note, establishment of a lien on the Client’s property, security transfer of ownership of the Client’s items, assignment of the Client’s receivables, etc.).
VI. PAYMENT CONDITIONS
The Client is obliged to duly and timely pay the total price of the work, under the conditions set out in the following provisions of this Article of the GTC and/or the contract.
The Contractor shall issue an invoice for the price of the work. The price of the work not exceeding the amount of EUR 5,000 including VAT may be paid by the Client in cash to the Contractor’s cash desk against the issuance of a proper receipt, otherwise only by bank transfer to the Contractor’s bank account stated in the invoice, within the due date stated in the invoice, but at least within 5 days of the issuance of the invoice.
The day on which the amount owed is credited to the Contractor’s account, or payment made in cash to the Contractor, shall be considered the day of fulfilment of the monetary obligation.
In the event of late payment of an accounting document (invoice), the Client undertakes to pay the Contractor a contractual penalty of 0.05% of the invoiced amount for each commenced day of delay. The Contractor’s right to compensation for damages is not affected by this.
The Client is not entitled to unilaterally reduce the price of the work, make its payment conditional, or unilaterally set off the price of the work. Unilateral set-off by the Client is only possible on the basis of a final court decision confirming the legitimacy of the Client’s claims against the Contractor.
If, during delivery or installation of the work, additional work is needed that was not foreseeable at the time of conclusion of the contract, or that arose due to fault on the part of the Client (in particular due to inaccurate or incomplete construction preparation of the work), the Client undertakes to pay the price of the work according to the actual costs incurred by the Contractor.
In the event that the Contractor and the Client agreed on payment of the price of the work in instalments, then in the event of the Client’s delay with payment of even one instalment by more than 14 days after the due date, the Client’s obligation becomes immediately due. The Contractor is obliged to inform the Client of the payment of the debt by a written request for payment of the remaining debt specifying a payment deadline.
Online payments are processed for us by the Comgate payment gateway. The service provider, Comgate a.s., is a licensed Payment Institution operating under the supervision of the Czech National Bank. Payments processed through the payment gateway are fully secured and all information is encrypted. Further information and contacts at www.comgate.cz.
Contact details for Comgate, a.s., including telephone number and email address for potential complaints or payment enquiries:
Comgate, a.s.
Gočárova třída 1754/48b, Hradec Králové
Email: podpora@comgate.cz
Tel: +420 228 224 267
VII. PLACE AND TIME OF EXECUTION, DELIVERY CONDITIONS, CONSTRUCTION READINESS
Unless otherwise agreed between the Contractor and the Client, the Contractor shall carry out the work/perform the installation and/or assembly of the ordered subject of the work or part thereof (hereinafter collectively referred to as the “item”) under the conditions set out in this Article of the GTC, unless the contract provides otherwise. The contracting parties may also agree only on the manufacture of the item by the Contractor and its subsequent delivery to the Client, or only on handing it over for transport without any further obligations of the Contractor.
The Contractor shall deliver the item at the place and time (deadline) specified in the contract. A handover protocol, signed by both contracting parties, shall be drawn up upon delivery of the item. In the event of defects in the item, the Client shall state in the handover protocol the defects which, in their opinion, the item has at the time of handover. In the event that the Contractor is obliged under the contract to arrange for dispatch of the item, no protocol shall be drawn up. The protocol must contain at least the following details: identification data of the contracting parties, name and surname of the accepting person, place of delivery of the item, and date of acceptance of the item. In the event that the Client or their authorised representative is not present at the place of delivery at the time of delivery, the Contractor shall call upon the Client within a period determined by the Contractor, which shall not be less than 5 calendar days, to accept the item again. In the event that the Client or their authorised representative fails to appear at the substitute delivery date or refuses to sign the handover protocol, it shall be deemed that the item was handed over to the Client on the day of the designated substitute deadline, without defects or unfinished work. The Contractor shall record this fact in the handover protocol.
The contracting parties may, even after conclusion of the contract, agree on a change of place and/or time of delivery of the item. In the event that it is not possible to deliver the item to the agreed destination and/or at the agreed time due to reasons on the part of the Client, the Contractor shall be entitled to reimbursement of costs incurred. In the event that, due to reasons on the part of the Client, it is not possible to deliver the item on the date agreed in the contract, or the Client requests a different delivery date from that in the contract, the Contractor shall be entitled to charge for the costs associated with storing the item, in a lump sum of EUR 10 (ten euros) including VAT for each commenced day of such storage. The total storage amount shall be paid by the Client to the Contractor on the day of delivery of the item, unless otherwise agreed between the contracting parties. By concluding the contract, the Client acknowledges that in the event of failure to meet the originally agreed delivery date under the contract, the Contractor is entitled to offer the next possible delivery date even several days or weeks after the Client’s proposal, but no later than 4 weeks from the original delivery date or from the substitute date proposed by the Client, taking into account the Contractor’s capacity in relation to meeting other contractual deadlines. In such a case, however, the Client has the right to request that the item be stored until the time of installation at the Client’s risk, at a location designated by them (i.e. without the obligation to pay storage costs to the Contractor).
The agreed deadline for the manufacture and delivery of the item begins to run from the day of payment of the deposit for the manufacture of the work by the Client, and measurement of the work for the purposes of the measurement protocol, whichever of these events occurs later. If the delivery time is determined by a period, the Contractor is entitled to deliver the item during the entire period. The delivery time must not exceed 12 months from the signing of the order.
In the event that the Contractor is unable to deliver the item within the contractually stipulated deadline due to force majeure, the delivery time shall be appropriately extended by the duration of the force majeure reasons. Force majeure means circumstances that are unforeseeable, or foreseeable but uncontrollable, which affect the manufacture or delivery of the item, including in particular natural disasters and catastrophes, strikes, pandemic and other measures by public authorities (production shutdowns, quarantine, shifted sub-deliveries, etc.) and others. Where possible, the Contractor is obliged to notify the Client of these circumstances and, if applicable, the earliest possible delivery date. If, as a result of force majeure, performance by the Contractor becomes impossible, its obligation to carry out the work shall cease. In the event that the Contractor’s performance becomes feasible due to force majeure only at increased economic costs, the Client may withdraw from the contract, but is obliged to reimburse the Contractor for all costs incurred by the Contractor up to that point in connection with commencing execution of the work under the contract.
If the Contractor is obliged to deliver and install the item using a special transport vehicle, the delivery includes unloading the item onto a pre-prepared location, which the Client is obliged to secure. If unloading/installation of the item is not part of the delivery, the Contractor shall ensure transport to the place of destination according to the contract. The Client is obliged to secure the necessary equipment for unloading the item at the specified delivery time. The necessary equipment means sufficiently powerful and appropriate equipment (construction crane) for unloading the ordered item to the place of destination. In this case, the Contractor shall not be liable for unloading the item. The Client is obliged to ensure the necessary equipment at the unloading site within the time previously notified to the Contractor, with a maximum tolerance of 60 minutes from the time set by the Contractor. The required time for unloading the cargo is set by the freight forwarder at a maximum of 120 minutes from the time and date set by the Contractor. If this time is exceeded, the Contractor or freight forwarder may charge EUR 200 (two hundred euros) including VAT for each commenced hour.
If, under the contract, the Contractor is not obliged to carry out assembly of the work and the Client, in breach of obligations stipulated by the contract or these GTC, fails to accept the work, even after a written notice from the Contractor, the Contractor is entitled to withdraw from the contract. This does not affect the Contractor’s right to compensation for damages. In the event that the Client does not accept the work even after a written notice from the Contractor to accept the item, the Contractor shall be entitled to charge for the costs associated with storing the item from the day of the designated substitute delivery deadline until the time of substitute delivery or termination of the contract, in a lump sum of EUR 10 (ten euros) including VAT for each commenced day of such storage. The item shall be considered delivered at the moment it is transported to the designated place of delivery.
If the contracting parties have agreed in the contract that the Contractor is to dispatch the item, the item shall be delivered at the moment of handover to the first carrier for transport, and the Contractor is obliged to transfer to the Client the rights arising from the transport contract, unless the Client has them directly under the transport contract. However, in relation to a consumer, the arrangements under the preceding sentence shall apply only if the carrier was designated by the Client without being proposed by the Contractor. The Contractor is obliged to deliver to the Client without delay all documents necessary for handling the item. Unless otherwise agreed by the contracting parties, the Contractor is entitled to determine the transport route, means of transport, as well as the transport company or transport manager. Unless otherwise agreed by the contracting parties, the item shall be delivered unpackaged. The Contractor shall hand over to the Client, together with the item, all documents and papers belonging to the item.
If the item is delivered with installation, delivery of the item shall only occur upon completion of the installation. Unless otherwise stipulated in the contract, the Client is obliged to prepare the installation site of the item specified in the contract, in accordance with the Contractor’s instructions, including by carrying out additional land and surface modifications specified in the Contractor’s notification of the need to carry out such modifications, at the latest by the day of commencement of installation of the item agreed in the contract.
If the Client fails to prepare the installation site or carry out the necessary modifications by the delivery date, or fails to secure equipment for delivery of the item in time, or if it is not possible to deliver the item due to inaccessibility, the supplier is entitled to suspend performance of the work until it receives notification from the Client that the installation site of the item is ready for installation, or that the surface modifications specified in the Contractor’s notification are completed. If the information stated 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 undertakes to pay the Contractor all costs incurred in connection therewith. During the period for which the Contractor is not permitted to continue the execution of the work under this paragraph of the GTC, the Contractor shall not be in delay with completion of the work under the contract and these GTC.
The Client is obliged to ensure that access roads are passable and that the installation site is accessible. The access road and the installation/assembly site must be accessible for vehicles weighing up to approximately 40 tonnes. The vehicle transporting the item requires access to the site at a sufficient width corresponding to the size of the item, as well as space for manoeuvring with the item of approximately 10 m in front of the installation site.
In the event that the Contractor fails to deliver the item at the time and place agreed in the contract, even after a changed substitute deadline, the Client is entitled to demand a contractual penalty of 0.03% (zero point zero three percent) of the total price of the work, including VAT, for each day of delay, up to a maximum of 3% (three percent) of the invoiced total price of the work, including VAT or its part, with which the Contractor is in delay.
The Contractor is not obliged to insure the item during transport, unless the contract provides otherwise.
The Contractor draws the Client’s attention to the fact that delivery of the item, as well as any installation, may only be carried out if the outside ambient temperature does not fall below -4 degrees Celsius. The Contractor is entitled to not deliver, not commence, or to interrupt work in the interest of quality execution of the work in the event of adverse weather conditions, specifically in the following situations: temperature at 8:00 AM on the day of delivery below -4 degrees Celsius, snowfall or rainstorms with wind, excessively strong wind preventing manoeuvring and assembly.
VIII. RISK OF DAMAGE TO THE ITEM
The risk of damage to the item passes to the Client at the moment of delivery of the item to the place of delivery under the contract. In the event that the contract does not contain an obligation for the Contractor to deliver the item to a specific location, the risk of damage to the item passes to the Client at the moment of handover of the item to the first carrier for transport.
By concluding the contract, the Client acknowledges that if a shelter/pergola/winter garden is located near a house where there is a risk of snow sliding off, the Contractor recommends, for the safety of the Client and the structural integrity of the shelter/pergola/winter garden, placing snow guards on the roof of the house. If snow slides and thereby causes damage to the shelter/pergola/winter garden for this reason, this shall not constitute a warranty claim attributable to the Contractor. After prior agreement between the contracting parties, a service call for repair of the damaged part of the item may be arranged by the Contractor, which shall be charged. The Contractor recommends that the Client report the insured event to their insurer.
IX. DEFECTS OF THE WORK AND QUALITY GUARANTEE
Liability for defects, quality guarantee, and the rights and obligations arising therefrom are governed by applicable legal regulations.
The Contractor, within the scope of statutory liability for defects, is liable for defects that the work had at the moment of handover of the work to the Client.
Unless otherwise agreed, the warranty period is 2 years from the date of acceptance of the work by the Client.
The Client is obliged, immediately after they have the opportunity to handle the work, to thoroughly inspect the work and ascertain whether it has any defects, or whether it has been delivered with all accessories and relevant documents. All identified defects must be reported by the Client to the Contractor in writing without delay, at the latest within 24 hours from the moment when they were given the opportunity to handle the work.
The Contractor, within the provided quality guarantee, is liable for defects in the work that arise during the warranty period. However, within the Contractor’s statutory liability for defects, nor within the quality guarantee voluntarily provided by the Contractor, shall the Contractor be liable for defects that arose as a result of the Client’s breach of obligations, e.g. mechanical damage to the work, improper or negligent handling of the work, overloading of the work, unsuitable operating environment, insufficient construction work on the part of the Client, unsuitable land for installation and assembly of the item, failure to fulfil obligations under these GTC related to the use of the item, defects that arose on the item after the transfer of the risk of damage to the item as a result of transport, external interventions and influences, interventions of third parties for which the Contractor is not responsible.
The Client is obliged to report any requirement for warranty or post-warranty service to the Contractor in writing without delay after identifying them, and at the latest within 48 hours of their identification, exclusively by email to the Contractor’s email address info@luxurelax.sk. The Client is obliged to include the following data in the written notification of identified defects: contract number, description of the defects and how they manifest, telephone contact for the person who will communicate with the Contractor for the purpose of remedying the defects. Detailed photographic documentation of the defects must be attached to the notification of identified defects.
The Client shall lose their rights arising from defects covered by the warranty if the Client did not report them duly and in time in accordance with these GTC, which the Client did not identify, even though they could have identified them during a timely inspection with sufficient care, because they did not carry out the inspection in accordance with these GTC, or did not carry it out with due care.
The Contractor is obliged, within 30 days of receipt of the notification of identified defects in the work, to decide on the legitimacy of the Client’s claim, or, if it is not possible to decide on the legitimacy of the claim without inspecting the work, to notify the Client within this period of the date of inspection of the work. The Client shall provide the Contractor with the necessary cooperation so that the inspection of the work can be carried out.
If the claim is legitimate, the Contractor shall, within the time required to decide on the legitimacy of the claim under these GTC, simultaneously determine the deadline and method for rectifying the defect, at the latest within 60 days of receipt of the Client’s notification of identified defects in the work.
In the case of missing documents or accessories, the Contractor is obliged to deliver them to the Client without delay at the place of delivery under the contract. In the case of other defects, the Contractor may remedy these defects by repair, adjustment, or replacement within a reasonable period corresponding to the work performed and the weather conditions affecting the technological and assembly processes, with the determination of the method of defect rectification being at the Contractor’s discretion if the Client is not a consumer.
If the Client is not a consumer, the Client’s rights to withdraw from the contract or to apply a price reduction shall be excluded if it is within the Contractor’s technical capacity to remedy the deficiencies of the work. Irreparable defects that do not restrict the use of the work but only reduce its value entitle the Client to apply a price reduction corresponding to the actual reduction in the value of the work.
The Client is obliged, when handling a claim, to provide the Contractor or persons authorised by it with access to the work and to provide the necessary cooperation so that the Contractor can repair/remedy the defects in the work.
The use of reinforced concrete in the manufacture of the work may lead to the formation of settlement cracks, shrinkage cracks, stress cracks, and cracks caused by temperature changes; these deviations, changes, or tolerances are not considered defects of the work that have a significant impact on its utility value and do not entitle the Client to apply a claim for a price reduction. Claims arising from defects do not arise if the work delivered under the contract is suitable for the intended or usual purpose and exhibits properties appropriate for works of this type and which the Client can expect. Minor dimensional deviations are technically conditioned by production and are not classified as a defect of the work. Therefore, all claims of any kind for this reason are excluded.
X. RETENTION OF TITLE
Ownership of the item passes to the Client on the day of full payment of the total price of the work, including VAT, as agreed in the contract, and also upon signing of the handover protocol, whichever event occurs later. The provisions of this Article relate to the regulation of certain rights and obligations between the Contractor and the Client in the event that the Client is using the item but has not yet acquired ownership thereof.
In the event that the Client pays the total price of the work, including VAT and/or its unpaid portion to the Contractor only after accepting it, the Contractor remains the owner of the item until full payment of the total price of the work, including VAT (retention of title). The risk of damage to the work passes in accordance with Article VIII of these GTC. The Client is, in this case, only a holder of the item.
Until the Client becomes the owner of the item, they are obliged to maintain the item at their own expense in proper and operational condition. In the event of any damage to the item or the occurrence of a defect in the item, the Client is obliged to notify the Contractor of this fact without delay. As regards damage for which the Contractor is not responsible, the Client is obliged to arrange repair of the item at their own expense. The Client is not entitled to change the technical properties and construction of the item without the prior written consent of the Contractor. Changes and modifications to the item may only be carried out by the Contractor at the Client’s expense. The Client must not, until they become the owner of the item, allow the item to be used by a third party, sell or rent it, pledge it, use it to secure their obligations, or otherwise deal with it.
In the event that the Client, despite this prohibition, allows a third party to deal with the item, or transfers the item to a third party and it is not possible to revoke this right of the third party, the Client is obliged to transfer to the Contractor the payments that were paid to them by reason of the legal relationship between them and the third party, and the rights or claims that arose from it, up to the amount of the total price of the work, including VAT, not yet paid. At the same time, the Client is obliged to reimburse the Contractor for all costs associated with enforcing and claiming ownership rights and related rights or claims attached to the item.
The Client is obliged to notify the Contractor without delay of all damage to the delivered item, to specify all enforcement proceedings in which an enforcement officer includes the item and/or part thereof in the list of movable items subject to retention of title, or on the basis of which the Client’s creditor will be satisfied by the sale of a movable item, or by the sale of an immovable item – a work subject to retention of title, and to deliver to the Contractor copies of enforcement orders or other documents drawn up in the course of enforcement proceedings and delivered to the Client.
In the event of total destruction or theft of the item, the Contractor has the right to offset against the insurance benefit an amount corresponding to all current and future outstanding claims under the contract. Any remaining insurance benefit shall be paid by the Contractor to the Client.
The Client is obliged to notify the Contractor of the place of permanent or temporary placement of the item and/or its part, and to immediately inform the Contractor of all changes in this placement, and to allow the Contractor access to the item and/or its part at any time, without the Contractor notifying the Client of its intention to inspect the item and/or its part.
In the event that, even after a written demand by the Contractor to pay the total price of the work, including VAT and/or its portion not yet paid by the Client, the Client fails to pay the total price of the work, including VAT and/or its outstanding portion to the Contractor, the Contractor is entitled to take back possession of the item and/or its part, even without the cooperation of the Client and/or prior notification of the Client. To this end, the Client authorises the Contractor to enter the Client’s land on which the item and/or its part is located, for the purpose of taking back possession of the item and/or its part by the Contractor.
XI. USE OF THE ITEM
The Client is obliged to use the item in accordance with its intended purpose and in accordance with relevant binding regulations and instructions of the Contractor and/or third parties designated by it. The Client is obliged to ensure, at their own expense, regular maintenance of the item. During the warranty period, the Client is not entitled, without the prior written consent of the Contractor, to carry out technical or structural changes to the item. On the basis of written consent, changes and interventions may only be made by the Contractor at the Client’s expense.
In the event that the Client fails to fulfil the obligations set out in this Article of the GTC during the warranty period, their rights arising from the warranty shall cease at the moment of breach of their obligation.
By concluding the contract, the Client acknowledges and agrees that some parts of the subject of the work (item) may bear advertising markings (logo) of the Contractor and/or manufacturer. The Client acknowledges and agrees that in connection with the publicly displayed marking (logo) of the Contractor and/or manufacturer on the subject of the work (item), the Client shall have no claims for compensation of monetary and/or non-monetary benefits from the Contractor and/or manufacturer, in particular in connection with such publicly displayed advertising of the Contractor’s and/or manufacturer’s company. By concluding the contract, the Client waives any such potential claims and declares that they will not demand them from the Contractor and/or manufacturer at any time in the future.
By concluding the contract, the Client acknowledges and agrees that the Contractor may obtain photographs and/or audiovisual recordings of the completed subject of the work (item) and its immediate surroundings, for the Contractor’s internal purposes related to fulfilment of the order, as well as for the purposes of promoting the Contractor’s products and its company to the public. The Contractor is entitled to publish the obtained photographs and/or audiovisual recordings on its websites, Facebook, Instagram, and any other social networks that it itself manages and/or uses to present its products and company. The Contractor is also entitled to use the photographs and/or audiovisual recordings as part of a collective work for the same purposes. The creation and publication of photographs and/or audiovisual recordings by the Contractor shall not give rise to any claims by the Client, in particular for monetary and/or any non-monetary performance. The Client is entitled to revoke the consent set out in this paragraph at any time, by written notification sent to the Contractor’s email address stated in these GTC. The Client acknowledges that the revocation of consent has effect only for the future and does not affect works already published.
XII. LIABILITY FOR DAMAGES
The contracting parties are liable for damage caused by breach of their obligations.
If liability arises on the part of the Contractor for damage caused to the Client by the Contractor’s activities (including persons entrusted by the Contractor with the fulfilment of the delivery), or as a result of defective performance, the Contractor is obliged to compensate the Client for the damage incurred only to the extent of the actual damage exceeding the amount corresponding to the insurance benefit from liability for damage that was paid to the Client and/or a third party in connection with the insured event. If the Contractor does not have such an insurance contract, it is obliged to compensate for damage only up to the amount of the costs of repairing the damaged item or restoring the damaged item to its original condition.
To the maximum extent permitted by applicable law, compensation shall not be provided for loss that exceeds the loss that the obligated party could have foreseen at the time of creation of the obligation as a possible consequence of a breach of their obligation, or which could have been foreseen with regard to facts that the obligated party knew or should have known at the time of creation of the obligation, with ordinary care.
XIII. TERMINATION OF THE WORK CONTRACT
The contract ends on the day all rights, obligations, and claims of the contracting parties arising from it are settled.
Otherwise, the contract may be terminated by agreement of the contracting parties or by withdrawal from the contract in cases set out in the Civil Code, the contract, and in cases set out in these GTC.
The Contractor is entitled to withdraw from the contract, in particular in the following cases: 1/ the Client is in delay with payment of the price for the work and/or part thereof for more than 15 days; 2/ after conclusion of the contract with the Client, proven circumstances have arisen on the part of the Client that give rise to justified doubts about the possibility of timely and full fulfilment of all duties and obligations on the part of the Client, particularly in relation to payment of the price of the work, and the Client has not provided the Contractor with sufficient security even after the Contractor’s request; 3/ it is not possible to deliver the item to the designated place due to inaccessibility of the delivery site for vehicles, and the Client has not arranged an alternative means of delivery even after a written request from the Contractor; 4/ the Client did not arrange construction readiness or equipment for unloading the item in time; 5/ insolvency proceedings are commenced against the Client or the Client enters into liquidation.
Any withdrawal from the contract shall be made in written form. Withdrawal from the contract by the Client shall not extinguish rights and obligations arising from a breach of contract, in particular the right to compensation for loss, the right to payment of contractual penalties and other sanctions. In the event of withdrawal from the contract, the Client is obliged at their own expense to transport the item to the Contractor, provided the item has not been placed at the delivery site or the installation has not been carried out. In the event of failure to fulfil this obligation, the Contractor is entitled, at the Client’s expense, to remove the item itself, including by entering the land owned by the Client, and to transport it, for which purpose the Client grants the Contractor authorisation by signing the contract. The Client is obliged to hand over the item to the Contractor in its original condition, taking into account normal wear and tear. If the Client breaches this obligation, the Contractor is entitled to restore the item to its original condition at the Client’s expense.
XIV. PERSONAL DATA AND THEIR PROTECTION
The Contractor is the controller in relation to information systems within which it processes personal data about its customers. The Contractor shall process personal data, i.e. all information about an identified or identifiable natural person that the Client, as a data subject, has provided to it, or which the supplier obtained on the basis of performance of the contract (hereinafter also referred to as “personal data”), under the conditions of applicable legal regulations, in particular 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 (hereinafter referred to as “GDPR”), and Act No. 18/2018 Coll., on the protection of personal data and on amendment and supplementation of certain acts, as amended. Processing of personal data shall be carried out for the purposes of exercising rights and fulfilling obligations arising from the contractual relationship between the Client and the Contractor. The Contractor does not provide the personal data provided to any third parties, except persons participating in the performance of the contract, and cases where the Contractor will be obliged to hand over or make available such data pursuant to legal regulations or final and enforceable court or other similar decisions. Personal data shall be processed in electronic form by automated means, or in printed form by non-automated means. The Client undertakes to provide correct, complete, and truthful personal data, and to also inform the Contractor without undue delay of any changes in their personal data. In relation to personal data, the Client has the right: 1/ to access personal data, i.e. the right to obtain from the controller confirmation as to whether or not personal data concerning them are being processed, and if applicable, the right of access to personal data pursuant to Article 15 of the GDPR; 2/ to rectification, i.e. the right to have the controller correct, without undue delay, inaccurate personal data concerning the Client, as well as the right to have incomplete personal data completed, pursuant to Article 16 of the GDPR; 3/ to erasure, i.e. the right to have the controller erase personal data without undue delay, if one of the grounds listed in Article 17(1) of the GDPR applies; 4/ to restriction of processing in cases specified in Article 18 of the GDPR; 5/ to data portability under the conditions set out in Article 20 of the GDPR; 6/ to object to the processing of personal data under the conditions set out in Article 21 of the GDPR; 7/ to lodge a complaint with a supervisory authority if they believe that processing of personal data has violated legal regulations. The supervisory authority in the Slovak Republic is the Office for Personal Data Protection, with its registered office in Bratislava, Hraničná 12, 820 07. The Contractor may be contacted as follows: by email at info@luxurelax.sk, or by post at Karpatské námestie 7770/10A, 831 06 Bratislava – Rača.
XV. LIABILITY FOR DAMAGES
These GTC take effect against the Client upon conclusion of the work contract.
The Client is obliged to notify the Contractor without delay of the fact that enforcement proceedings or insolvency proceedings have been commenced against them, or that the Client has decided on their dissolution with liquidation.
The rights and obligations of the contracting parties not regulated by the contract, the measurement protocol, and/or these GTC are governed by the provisions of the Civil Code and other generally binding legal regulations.
The contracting parties undertake to resolve all disputes arising from the contract first by mutual negotiation. If one of the contracting parties notifies the other that it considers an attempt at agreement impossible, or refuses to communicate with the other party, the dispute shall be resolved before the competent court according to the registered office of the Contractor.
By signing the contract, the Client declares that they are solvent, not at risk of insolvency, not insolvent, and that no insolvency proceedings have been commenced against them.
By accepting these General Terms and Conditions, the Client consents to the processing of personal data pursuant to Article XIV.
The contracting parties declare that these GTC, to which the contract refers, form an integral part thereof.
XVI. CHOICE OF LAW
All legal relationships that arose between the Contractor and the Client on the basis of the concluded work contract, as well as legal relationships related to this contract, are governed by Slovak law.