Heli IQ - Intelligent Blinds System

General Terms and Conditions of
heli-iq.com

Initial Provisions
1. These General Terms and Conditions (hereinafter referred as the "Terms and Conditions") of L&G Electric, having its registered office at Jasmínová 808, 252 42 Jesenice, Company ID No: 04127056, registered in the Commercial Register maintained by the Municipal Court in Prague (hereinafter referred to as "L&G Electric") obtains, stores and further processes your personal data in connection with your customer or other relationship with L&G Electric, e-mail info@heli-iq.com, ("L&G Electric " / "Contractor" or "Company") regulated in accordance with the provisions of Section 1751 paragraph 1 of Act No. 89/2012 Coll., civil Code, as amended (the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a contract for work (the "Contract for Work") entered into between the Contractor and another natural or legal person (hereinafter the "Customer") using means of remote communication or at a place designated by the Contractor, as well as the mutual rights and obligations of the parties arising from a Contracts for Work for the supply of items for the execution of the work (blinds / electronics for blinds) signed between the Company and another natural or legal person. Work means the subject matter of the work as defined in the Contract for Work.
2. The unaddressed offer to conclude the Contract for Work is placed by the Contractor on a website with a non-binding enquiry form located at www.heli-iq.com/formular (hereinafter referred to as the "Website") via the Website interface.
3. Provisions deviating from the GTC may be agreed in the Contract for Work. Any deviating provisions in the Contract for Work shall prevail over the provisions of the GTC. The provisions of these Terms and Conditions are an integral part of the contract. The contract and Terms and Conditions are in Czech/English/French/German/Danish. We may unilaterally change or amend the Terms and Conditions, and in the event of disagreement, you have the right to reject the change and terminate the commitment for this reason. This provision does not affect the rights and obligations arising during the effective period of the previous version of the Terms and Conditions.
Signing the Contract for Work
1. Any presentation of the work items placed in the web interface of the shop is of an informative nature and does not constitute a binding offer pursuant to Section 1732 of the Civil Code, but only an invitation to submit a bid pursuant to Section 1733 of the Civil Code, therefore the Contractor is not obliged to conclude a contract for the work regarding these work items. The Section 1732(2) of the Civil Code shall not apply.
2. The web interface of the Website contains information about the work items, without the prices of the individual work items and the costs of installation and costs associated with the delivery of the work items to the Customer.
3. In the case of an enquiry made by the Contractor (?) via the Customer's (?) Website, the Customer fills in an enquiry form on the Website, in which he/she indicates his/her name, surname, email, place where the work is to be carried out, telephone number and what specific item he/she is interested in. In the "Report" section, the Customer may indicate the facts he/she considers important for the determination of the price offer. The Customer sends the request by clicking on the "SUBMIT" button. The information given in the request is considered correct by the Contractor. L&G Electric will confirm receipt of the request to the Customer by e-mail to the Customer's e-mail address provided in the request form. A specific quotation for the execution of the work will be made to the Customer only after receiving all necessary information from the Customer.
4. The Customer can also make an enquiry by telephone or e-mail to the contact details on the Contractor's Website. In the e-mail message or phone call, the Customer is obliged to state his/her name, surname, e-mail, place where the work is to be performed, telephone number and what specific thing he/she is interested in for the performance of the work. In the case of an enquiry made by e-mail, the Contractor will contact the Customer by e-mail to the e-mail address from which the enquiry was sent or to the telephone number provided in the enquiry. A specific quotation for the execution of the work will be made to the Customer only after receiving all necessary information from the Customer.
5. The price of the work includes the price of the individual items for the performance of the work, the costs of assembly, the costs associated with the delivery of the items for the performance of the work to the Customer, all including value added tax at the statutory rate and related fees (hereinafter referred to as the "Price of the Work").
6. The Contract for Work is entered into by the signing of a written draft contract for work by the parties or by the Contractor's delivery to the Customer of an unconditionally approved confirmed order from the Customer with the advance payment of up to 70% of the total Price of the Work, the payment of which is confirmed by the Contractor to the Customer by issuing a cash receipt in the case of cash payment; in the case of payment by means of a payment terminal, payment of the advance shall be deemed to be payment of the amount shown on the advance invoice issued by the Contractor. The binding amount of the advance payment for the total Price of the Work is determined by the Company.
7. The Contractor undertakes to deliver to the Customer the work specified in the contract. The work may also be specified by reference to L&G Electric's quotation or by reference to L&G Electric's unconditionally agreed and confirmed Customer’s order. Any changes to the work or its implementation after the signing of the Contract for Work will be agreed in an addendum to the Contract for Work or by an amendment to the order accepted by both parties. The Customer undertakes to accept the work and to pay L&G Electric the agreed price for the work.
8. The Customer agrees to the use of remote communication means in the conclusion of the Contract for Work. Costs incurred by the Customer when using remote means of communication in connection with the conclusion of the Contract for Work (costs of internet connection, costs of telephone calls) shall be the responsibility of the Customer.
9. L&G Electric shall be bound by its quotation for a period of 14 days from the date on which the quotation was sent to the Customer, unless otherwise expressly stated in the quotation. The Parties agree that a response with an amendment or deviation that does not materially change the terms of the offer is not an acceptance of the offer within the meaning of Section 1740(3) of the Civil Code. The Contractor's offer to conclude a Contract for Work is always revocable and may be withdrawn if the withdrawal reaches the Customer before the Contractor receives the acceptance of the offer.
Withdrawal from the Contract for Work and Termination of the Contract for Work by Agreement
1. The Customer acknowledges that, pursuant to Section 1837(d) of the Civil Code, it cannot withdraw from the Contract for Work, as the goods are manufactured according to the Customer's requirements or adapted to the Customer's personal needs.
2. The Contract for Work may be terminated by written agreement between L&G Electric and the Customer until the work (part of the work) specified in the Contract for Work is commissioned by its manufacturer for production on the production line. L&G Electric shall inform the Customer in writing at the Customer's request whether the contract can be terminated in this way. In the event of an agreement on termination of the Contract for Work, the Contractor is obliged to return to the Customer on the date of termination of the Contract for Work all monetary benefits received from the Customer after the signing of the Contract for Work, reduced by the amount of CZK 2,500, which represents a lump-sum compensation of the Contractor's costs related to the administrative activities spent by the Contractor on processing the Customer's order under the Contract for Work until its termination. The requirement of a written form of negotiation under this paragraph is also met by negotiation via simple emails (without a so-called guaranteed electronic signature).
Price of the work
1. The Price of the Work is determined by the Contractor's quotation sent to the Customer in writing by e-mail or communicated by telephone. The Price of the Work is valid at the time of sending (communication) of the quotation. In the event that the VAT changes before the signing of the Contract for Work, the Customer is obliged to pay the outstanding amount of the Price of the Work, or the Contractor shall immediately contact the Customer with a request to inform the Customer where the overpayment of the price for the work can be paid.
2. No discounts on the Price of the Work provided by the Contractor to the Customer may be combined.
3. The price of the work is payable as follows:
4. the Customer pays an advance payment of up to 70% of the price of the work when the window dimensions are measured, and namely in cash / via an advance invoice or via a payment terminal
  
  and
5. the remaining part of the Price of the Work (after deduction of the advance payment paid in the amount according to point a. above of this paragraph) immediately after completion of the work and issuance of the tax document - the final invoice with immediate payment, in cash or via a payment terminal.
6. The Customer assumes the risk of a change of circumstances in accordance with the provisions of Section 1765 (2) of the Civil Code.
7. If during the execution of the work, through no fault of the Contractor, it becomes necessary to carry out the work differently, to carry out additional work, or to supply additional items intended for the execution of the work, not specified in the quotation or in the contract for the work, the Contractor shall notify the Customer in a demonstrable manner of this fact, together with an indication of the impact of such a change in the work on the time of execution of the work and the Price of the Work. L&G Electric shall only be obliged to make such a change to the work if the Customer gives its written consent to such change to the work, the time of performance of the work and the Price of the Work. The only exceptions are the works immediately necessary to prevent damage to the work being carried out. L&G Electric shall be entitled to a price for such work or items so delivered to be agreed between L&G Electric and the Customer.
8. The Customer's bank charges associated with payments to L&G Electric shall be the responsibility of the Customer. The Parties expressly agree that the Customer shall not be entitled to any advantage in the event that the Customer pays the Price of the Work or part thereof before it is due.
9. The Parties expressly agree that the Customer shall not be entitled to withhold any payment of any part of the Price of the Work on account of defects in the work or any other asserted claims of the Customer against L&G Electric.
10. L&G Electric shall be entitled to withdraw from the Contract for Work if the Customer, despite written demand for payment by L&G Electric within an additional period of 10 days, is in default in the payment of any of its obligations.
11. L&G Electric shall be entitled to suspend the performance of all its contractual obligations towards the Customer until all its outstanding claims against the Customer have been paid in full. In such a case, the Customer shall be obliged to compensate the Contractor for all damages, costs and expenses incurred by the latter.
Execution of the Work, Delivery and Acceptance of the Work, Acquisition of Ownership
1. The Customer undertakes to provide L&G Electric with the necessary cooperation for the compliance by L&G Electric of the obligations under the Contract for Work and these GTC.
2. L&G Electric undertakes to carry out the work within 10 calendar weeks from the date of measuring the dimensions of the windows at the place where the work is to be carried out; the provisions of Article 5 (3) of the GTC are not affected.
3. The date of completion of the work is dependent on the delivery dates of the items to be delivered to the Contractor's supplier. Delivery dates may vary for individual items to complete the work, depending on the complexity of production and the manufacturer's delivery date. The Contractor shall not be in default in the performance of the work if he proves that the delay in the performance or completion of the work is due to the conduct of the manufacturers and suppliers of the items to be performed. Compliance with the deadline for delivering the work depends on the cooperation of the Customer, in particular on the proper delivery of all documents, information and things necessary for the execution of the work within the time limit set in the Contract for Work, allowing access to the premises where the work is to be carried out and payment of the agreed advance payments.
4. L&G Electric shall not be in default in the performance of the work during the period of the Customer's delay in providing assistance for the performance of the work.
5. The Contractor shall not be liable for defects in the work or for the impossibility of its completion caused by inappropriate Customer’s instructions, inappropriate documentation or inappropriate items supplied by the Customer if the latter insisted on their use during the execution of the work despite L&G Electric's warning.
6. The Customer undertakes to provide the Contractor with such conditions that the Contractor can carry out the work. In particular, the Customer is obliged to provide the Contractor and the Contractor’s workers with access and entry to the place where the work is to be carried out, to ensure access to the supply of electricity and other utilities, if they are needed for the installation, all this during the entire period of the work. In the event of failure to meet these obligations on the part of the Customer, the deadline for completion of the work shall be extended accordingly.
7. L&G Electric shall proceed with the scheduling of the work so that it can perform the work without interruption at one time. L&G Electric shall provide the Customer with an estimate of the time for the performance of the work prior to commencement of the work. In the event that L&G Electric is unable to perform the work at one time for the most part and/or for reasons on the Customer's side after the specific time for performance of the work has been communicated, the Customer agrees to pay L&G Electric a lump sum of CZK 2,500.00 for each such individual breach. This amount includes, in particular, the costs of wasted transport and the wasted activities of a specific (co-) worker of the Customer. The Customer is obliged to pay the Price for the Work increased by these costs in due time together with the additional payment of the Price of the Work according to the Contract for Work and these GTC. L&G Electric shall not be in default in the performance of the work while the work is in progress after it has been interrupted for reasons attributable to the Customer.
8. If the Contractor is required to intervene in another manufacturer's equipment during the execution of the work at the Customer's site, the Customer is responsible for obtaining the consent or instructions of the other manufacturer, which shall be a condition for compliance with any warranties issued by the Contractor.
9. The Contractor guarantees and is responsible for the possibility of installing the work on the Customer's premises only for the use within the scope of the data and technical parameters specified in the Contractor's offer. The same applies to other uses of the work or its compatibility with other Customer’s equipment, unless the Contractor has expressly assured the Customer that this is possible.
10. The method of delivery and acceptance of the work, the time and place of delivery and acceptance of the work is agreed in the Contract for Work. The Contractor is obliged to deliver the work to the Customer. The Customer is obliged to accept the work and pay the agreed price for the work.
11. The Customer is obliged to accept the work and confirm the acceptance in the delivery report. This obligation applies even if the work has defects and imperfections which do not, in themselves or in combination with others, prevent the use of the work or significantly impede the use of the work. The Customer is obliged to state any reservations in the delivery report.
12. The Contractor shall not be in delay with its obligation to deliver the work on time if the delay is caused by facts that occurred independently of the Contractor's will (force majeure) or if they occurred for reasons on the Customer's side.
13. The deadline for delivering the work shall be automatically extended in the event of the Customer's delay in complying with any of his/her obligations arising from the Contract for Work or these GTC.
14. The work shall be deemed to have been completed upon acceptance by the Customer at the place of delivery and confirmation of the delivery report or at the time when the Customer refuses to accept the work or fails to accept the work at the place of delivery or at the time when the Customer refuses to confirm the delivery report. The Customer is bound by the confirmation in the delivery report by a person at the place of delivery of the work, unless the Customer has expressly designated a person authorised to do so in the Contract for Work.
15. The risk of damage to the work shall pass to the Customer at the moment of acceptance of the work from the Contractor or at the moment deemed to be acceptance of the work by the Customer pursuant to the preceding paragraph of these GTC.
16. The Customer acquires the ownership right to the subject of the work, in particular to the items intended for the execution of the work supplied by the Contractor, at the moment of payment of the full price of the work, including the price of the items supplied by the Contractor.
17. Until the acquisition of the ownership right according to these GTC, the Customer is obliged to respect and protect the Contractor's ownership right and not to interfere with this ownership right. The Customer is entitled to dispose of and deal with the work in a manner affecting its value only after the acquisition of the ownership right, unless otherwise expressly agreed in the Contract for Work.
Rights of Defective Performance and Claims and Warranty for Quality
1. Unless otherwise expressly stated by the seller, the rights of defective performance, claims and warranty are regulated in the Complaints Procedure.
2. The Complaints Procedure is an integral part of the Contract for Work.
Other Rights and Obligations of the Parties
1. L&G Electric and the Customer undertake to keep confidential all information obtained in connection with the Contract for Work, even after the termination of the Contract for Work.
2. The Contractor is not obliged to pay for indirect and consequential damages resulting from a breach of obligations in connection with the Contract for Work. Indirect and consequential damages include, in particular, lost profits, energy losses, costs associated with the inability to use the work, costs of providing replacement supplies, capital costs, damages resulting from late delivery of the work, etc. The Contractor is not obliged to pay for damage caused to the Customer by defects in the work delivered by the Contractor. None of these limitations on damages apply to damage caused by intent or gross negligence.
3. Consumer complaints are handled by the Contractor via the electronic address info@heli-iq.com The Contractor sends information on the handling of the Customer's complaint to the Customer's electronic address.
4. The Czech Trade Inspection Authority (Česká obchodní inspekce), having its registered office at Štěpánská 796/44, 110 00 Prague 1, ID No.: 000 20 869, Internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Contractor and the Customer under the Contract for Work.
5. The European Consumer Centre Czech Republic, having its registered office at Štěpánská 567/15, 120 00 Prague 2, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on Online Dispute Resolution for Consumer Disputes).
6. The Contractor is authorised to carry out the work on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade licensing authority. Supervision over personal data protection is carried out by the Office for Personal Data Protection (Úřad pro ochranu osobních údajů). The Czech Trade Inspection Authority (Česká obchodní inspekce) supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
Personal Data Protection
1. The Contractor complies with its information obligation towards the Customer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council 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 (General Data Protection Regulation) (hereinafter referred to as the "GDPR") relating to the processing of the Customer's personal data for the purposes of the performance of the contract for work, for the purposes of the negotiations on the contract for work and for the purposes of the performance of the Contractor's public law obligations by means of a separate document.
Delivery of Notices
1. The Parties accept delivery of all documents by electronic mail without a guaranteed or recognised electronic signature.
Final Provisions
1. The Parties to the contract for work agree that all disputes arising between them from and in connection with such contract, of which these GTC are a part, or with its conclusion, shall be exclusively adjudicated in the courts of the Czech Republic, the local jurisdiction of which shall be exclusively determined according to the Contractor's registered office on the date of filing the action. The choice of jurisdiction under the preceding sentence does not deprive the Customer, who is a consumer, of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply under Regulation (EC) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (Brussels I bis Regulation) in the absence of a choice of jurisdiction.
2. If the relationship established under the signed contract for work contains an international (foreign) element, the Parties agree that the relationship is governed by Czech law. The choice of law pursuant to the preceding sentence does not deprive the Customer, who is a consumer, of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.

Annex No 1: Withdrawal Form

Withdrawal from the Service Agreement within 14 days

Customer:

Name:

Address

Phone

E-mail

Requested method of refund:

Bank account number/bank code to which I wish to refund the purchase price:

Invoice number:

Purchase order number:

Returned services.

Reason for withdrawal: (for our convenience, you may provide a reason for withdrawal, but you are not obliged to do so)

Date and signature of the Customer

L&G Electric, having its registered office at Jasmínová 808, 252 42 Jesenice, Company ID No.: 04127056, heli-iq.com