General Terms and Conditions
1. Introductory Provisions
1.1 These General Terms and Conditions ("GTC") govern the rights and obligations between Diamond COOL s.r.o., Company ID: 17169089, located at Provazníkova 1242/25, Černá Pole, 613 00 Brno, registered in the Commercial Register maintained by the Regional Court in Brno, file no. C 128914 ("Contractor"), and its customers ("Client").
1.2 The GTC apply to the supply and installation of air conditioning systems, cooling equipment, heat pumps, and similar systems, as well as related design, service, and other services.
1.3 Provisions of an individual contract for work, price offer, or other written agreement between the Contractor and the Client take precedence over these GTC if they explicitly deviate from them.
2. Position of the Consumer and Entrepreneur
2.1 A consumer is understood to be a natural person who enters into a contract with the Contractor outside the scope of their business activity or independent performance of their profession according to the Civil Code.
2.2 An entrepreneur is understood to be a person who enters into a contract in connection with their business activity; the provisions of the GTC that are explicitly intended only for consumers do not apply to entrepreneurs.
3. Conclusion of the Contract
3.1 The contract for work is concluded by the Client confirming the Contractor's price offer (via email, signature, or other unambiguous acceptance) or by signing a separate contract for work.
3.2 The subject of the contract is primarily the supply and installation of equipment and systems specified in the price offer and any project documentation, including related services.
3.3 The Client is responsible for the accuracy and completeness of the information provided to the Contractor, particularly regarding the installation site, construction readiness, technical conditions, and necessary permits.
4. Price, price changes, and payment terms
4.1 The price of the work is specified in the price offer or in the contract for work; it is stated excluding VAT, which will be charged at the statutory rate.
4.2 The Contractor is entitled to request a reasonable advance payment for the price of the work, especially for atypical components and materials. Failure to pay the advance by the due date may lead to a suspension of work or withdrawal from the contract.
4.3 The final price of the work is invoiced after the delivery of the work or its partial part; the payment term for invoices is usually 15 days unless otherwise agreed.
4.4 In the event of an objective increase in input costs (e.g., demonstrable increase in the prices of materials or services from subcontractors), the Contractor is entitled to propose a reasonable increase in the price of the work, but not exceeding 10% of the originally agreed price. The Client will be informed in writing about the price increase; if they do not agree, they are entitled to terminate the contract within a reasonable period.
4.5 In the event of the Client's delay in payment, the Contractor is entitled to charge a contractual penalty of 0.1% of the overdue amount for each day of delay and simultaneously request statutory interest for late payment.
5. Additional work and reduced work
5.1 If unforeseen circumstances arise during the execution of the work (hidden defects, changes in technical conditions, unavailability of components, etc.), the Contractor is entitled to propose a change in the scope of work and price.
5.2 Additional work and their price will be communicated to the Client in advance; consent may also be given via email or other verifiable means.
5.3 Reduced work will be deducted from the price of the work according to the agreed unit prices or according to the current price list of the Contractor.
6. Terms, place of performance, and installation conditions
6.1 The start and completion dates of the work are specified in the price offer or in the contract; the Contractor is entitled to organize the work so that the project is completed within the agreed timeframe.
6.2 The Client is obliged to ensure construction readiness, access to the site of the work, necessary connections (especially electrical), and site facilities, unless the parties agree otherwise.
6.3 The minimum obligations of the Client include, in particular:
ensuring sufficient capacity of the electrical connection and protection,
ensuring an appropriate structural solution (load-bearing capacity, penetrations),
ensuring free access to the installation site including handling space,
ensuring all necessary approvals and permits (e.g., homeowners' association, landlord, building authority).
6.4 A handover protocol will be drawn up for the handover and acceptance of the work; the Client is obliged to accept the work if it has no obvious defects preventing normal use, or if it has only minor defects and unfinished work that do not prevent use.
7. Retention of title and risk of damage
7.1 Ownership of the work and delivered components passes to the Client only upon full payment of the total price of the work. Until then, the work and components remain the property of the Contractor.
7.2 The risk of damage to the work passes to the Client at the moment of acceptance of the work, partial parts of the work, or delivery of components to the place of performance.
8. Warranty, liability for defects, and service
8.1 The Contractor is responsible for ensuring that the work is free of defects at the time of handover and complies with the contract, technical standards, and legal regulations.
8.2 The contractor provides a quality guarantee for the work performed for a period of 24 months from the handover of the work, unless otherwise agreed in the contract. For individual devices, the client may claim a longer warranty directly from the manufacturer if the manufacturer provides it.
8.3 The provision of the warranty may be conditional on the performance of regular maintenance at intervals set by the contractor or the manufacturer. Failure to perform the prescribed maintenance may result in the limitation or expiration of the contractual warranty.
8.4 The client is obliged to report defects without undue delay after their discovery; the defects must be described, and an inspection of the work must be allowed. The consumer exercises rights from defective performance within statutory deadlines.
8.5 The warranty and liability for defects do not apply, in particular, to defects caused by:
using the work contrary to the instructions of the manufacturer or contractor,
failure to perform the prescribed maintenance,
unprofessional interventions and modifications,
normal wear and tear, clogging, and contamination.
9. Consumer's right of withdrawal (online and off-premises)
9.1 If the contract is concluded with a consumer at a distance (e.g., via the internet, email) or outside the usual business premises of the contractor, the consumer has the right to withdraw from the contract without giving a reason within 14 days from the date of conclusion of the contract.
9.2 The consumer acknowledges that if they explicitly request the commencement of work or the provision of services before the withdrawal period expires, they may be charged a proportional part of the price for the performance already provided in the event of withdrawal.
9.3 The right of withdrawal does not apply, in particular, to the supply of goods customized according to the consumer's wishes or for their person (e.g., atypical components), and to services that have been fully provided with their prior explicit consent.
9.4 The consumer may withdraw by sending a written notice to the registered office address or to the Contractor's email; the Contractor will provide the consumer with a sample withdrawal form.
10. GDPR, personal data, and cookies
10.1 The Contractor processes the personal data of Clients in accordance with the EU General Data Protection Regulation (GDPR) and relevant Czech legal regulations.
10.2 The purpose of processing is primarily the conclusion and fulfillment of the contract, accounting, protection of the Contractor's rights, and direct marketing to a reasonable extent.
10.3 Detailed information about the scope, purposes, retention periods, rights of data subjects, and the use of cookies is provided in separate Privacy Policy and Cookie Policy published on the Contractor's website.
11. Subcontractors
11.1 The Contractor is entitled to assign the execution of the work or its part to a subcontractor.
11.2 The Contractor's liability to the Client is not affected; the Contractor is responsible for the work of subcontractors as for its own.
12. Limitation of liability and insurance
12.1 The Contractor is not liable for damages caused by faulty or non-compliant installations that were not part of the work (e.g., electrical installations, construction structures), nor for damages arising from the Client's failure to meet construction readiness obligations.
12.2 Towards entrepreneurs, the Contractor's liability for damages is limited, unless otherwise provided by law, to a maximum of the price of the work according to the relevant contract; compensation for lost profits and indirect damages is excluded, except for damages caused intentionally or through gross negligence.
13. Photographic documentation and references
13.1 The Client agrees that the Contractor may take photographic documentation of the installed equipment after the completion of the work and use it as an anonymized reference in marketing materials and on the website.
13.2 If the Client does not wish to use the photographic documentation, they are obliged to inform the Contractor of this fact in writing before the work begins.
14. Dispute Resolution, ADR and ODR
14.1 All contractual relationships are governed by the law of the Czech Republic.
14.2 The consumer is entitled to file a complaint with the Contractor using the contact details provided in these General Terms and Conditions.
14.3 In the event that the dispute cannot be resolved directly, the consumer has the right to an out-of-court resolution of the dispute through the Czech Trade Inspection.www.coi.cz).
14.4 The consumer also has the option to use the European Commission's online dispute resolution platform available at: https://ec.europa.eu/consumers/odr.
15. Contact Information
Registered office address: Provazníkova 1242/25, Černá Pole, 613 00 Brno
E-mail: [email protected]
Phone: +420 777 782 758 (call charges according to the caller's tariff)
16. Language and Final Provisions
16.1 These General Terms and Conditions are prepared in Czech and English. In case of discrepancies, the Czech version is decisive.
16.2 If any provision of the General Terms and Conditions is found to be invalid or ineffective, it shall not affect the validity of the other provisions; the invalid provision will be replaced by a provision that is as close as possible in meaning to the original purpose.
16.3 The Contractor is entitled to unilaterally change the General Terms and Conditions; the version of the General Terms and Conditions effective on the date of the contract conclusion is decisive. The current wording of the General Terms and Conditions is published on the Contractor's website.
