GENERAL TERMS AND CONDITIONS OF STARDOM COMPANY S.R.O.

Stardom Company s.r.o., Company Reg. No.: 017 23 502, with its registered office at U Vrby 2673/20, 785 01 Šternberk, registered in the commercial register kept at the Regional Court in Ostrava, Section C, insert 74146 (hereinafter referred to as “STARDOM” or the “Contractor”) hereby issues, pursuant to Article 1751(1) of Act 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”) these general terms and conditions (hereinafter referred to as the “GTC”) governing the mutual rights and obligations of contracting parties arising in connection with or on the basis of a contract (hereinafter referred to as the “Contract”) by and between the Contractor and the Client (hereinafter also referred to as the “Contracting Parties”).

If a Contracting Party is a consumer, relations not regulated by the GTC shall be governed by the Civil Code and Act 634/1992 Coll., on consumer protection, as amended. If the contracting party is an entrepreneur or a public institution, relations not regulated by the GTC shall be governed by the Civil Code.
The provisions of the GTC are an integral part of the Contract concluded by and between the Contractor and the Client. In the event that the Contracting Parties agree to deviating provisions in the Contract, these deviating provisions take precedence over the provisions of the GTC.
The Contractor undertakes to familiarize the Customer with the GTC. By concluding a Contract with the Contractor, the Client confirms that it has familiarized itself with the wording of the GTC, accepts them in full and they become binding for them.
The Contractor is entitled to change or supplement the wording of the GTC. This provision does not in any way affect the rights and obligations that arose during the effective period of the previous version of the GTC.
The Contract means a work agreement. The subject of the Contract is thereby understood to mean the Contractor’s obligation to perform the work at its own expense and risk for the Client, and the Client shall undertake to take over the work and pay the price for it.
Any and all contractual fines, which are agreed upon herein, shall not apply if the Client is a consumer.

2. CONCLUSION OF A CONTRACT

The Contractor hereby declares that it is the operator of the website http://www.stageandtech.com (hereinafter referred to as the “Website”) on which it offers its products. The Contractor declares that all displayed products on the Website, including the aforementioned information, are exclusively informative and not automatically an offer by the Contractor to conclude a Contract with the Client. The Contracting Parties take into account that the provisions of Article 1732(2) of the Civil Code shall not apply here.
If the Client is not a consumer, then the Contract by and between the Contractor and the Client is concluded on the basis of written acceptance by the Contractor according to the Client’s written order.
A Contract by and between the Contractor and the Client shall also be concluded when a work agreement is concluded by and between the Client and the Contractor. A Contract by and between the Contractor and the Client shall further concluded if the Client accepts in writing the Contractor’s offer made in writing. In writing shall mean communication via e-mail, or another means of telecommunication enabling the expression of will to be expressed in written form.
The Contractor shall not be obliged to accept the Client’s work order. If the Client’s written work order is not accepted in writing by the Contractor within 14 days from the delivery of the work order, then the proposal to conclude the Contract shall expire. The same applies in the opposite case, when the Contractor’s written offer is not accepted in writing by the Client within 14 days from the delivery of the offer.
If the Contract is concluded by any of the procedures stated in Article 2.2. – 2.3. of the GTC, the work order cannot subsequently be cancelled by the Client, or confirmation of the Contractor’s offer by the Client, cannot be subsequently cancelled. The work order, or confirmation of the offer is withdrawable until the time of acceptance of the relevant task by the Contractor. This does not affect the possibility of later cancellation of the work order, or confirmation of the offer, if the Contracting Parties agree in writing.
If the Client is not a consumer, the Contracting Parties agree that in case of cancellation of the work order, the Client shall be obliged to pay the Contractor a processing fee of 15% of the total price of the work.
The Contractor shall have the right to ask the Client for additional confirmation of the work order in the event that doubts arise about the content of the Client’s work order, or a part(s) of the order need to be resolved (work specifications, etc.).
Furthermore, the Contractor shall have the right to refuse to accept the order, if the Client has not collected the goods duly prepared by the Contractor at least once in the past or has repeatedly returned the delivered goods without giving a reason.
In the event that a means for remote communication is used during the process of concluding the Contract, the Client shall pay all the costs associated with the use of the means of remote communication, and these costs shall not differ in any way from the basic rate.

3. PRICE, METHOD OF PAYMENT

The Contract between the Contractor and the Client shall include the price for the agreed subject of the Contract. The price is agreed upon by and between the Contracting Parties when the Client accepts in writing the Contractor’s offer containing the price of the work, or the method of its determination.
All prices stated by the Contractor are fixed, final prices and do not include value added tax (hereinafter referred to as “VAT”)in the relevant legal amount. The contractor declares that it is a VAT payer. VAT will be added to the total price of the work in the relevant legal amount.
Unless otherwise stated in the specific Contract between the Contracting Parties, the price for the work is payable within the period specified in the invoice, which the Contractor issues and sends to the Client. The condition for issuing and sending the invoice is the handover of the work to the Client based on the handover protocol. This provision does not affect the right of the Contractor to be paid an advance payment by the Client.
The Contractor shall be entitled to ask the Client for an advance payment for the execution of the agreed work. In the event that the Contracting Parties agree to pay the price by means of an advance payment, then the Contractor shall issue an advance invoice, which it sends to the Client, who is obliged to pay it within the due date indicated on the invoice.
Unless otherwise specified in the specific Contract between the Contracting Parties, the Client may pay the agreed price by cashless transfer to the Contractor’s account No. 6183272339/0800 kept at Česká Spořitelna a.s., under the variable number corresponding to the invoice number.
In the case of payment of the agreed price, the amount shall be considered paid at the time the amount is credited to the Contractor’s account.

4. DELIVERY DATE, DELIVERY METHOD, ACCEPTANCE OF THE WORK

The specific Contract between the Contractor and the Client shall also include the date of completion of the work. A change in the specific Contract of the agreed date for the completion of the work must be agreed to in writing, in the form of an addendum to the work agreement.
If delivery and assembly of the work is agreed upon by and between the Contracting Parties, the Contractor undertakes to carry out the assembly in addition to the construction within the agreed term. The Client shall be obliged to ensure the place where the work is to be assembled or constructed so that the work can be assembled or constructed without obstruction. At the same time, the Client shall be obliged to notify the Contractor of any and all risks associated with the assembly and construction of the work at the given location. If there is no suitable place for assembly or construction of the work available, then the deadline for the construction of the work shall be extended by the number of days after which the work cannot be assembled (constructed).
Unless otherwise agreed upon by and between the Contracting Parties in a specific Contract, the costs of transport associated with the construction and assembly of the work shall be paid by the Client.
The Contractor shall ensure that any and all assembly and installation work will be performed in accordance with the general safety and quality requirements applicable to the given assembly (construction) site.
If the Client’s cooperation is necessary for the execution of the work, the Contractor shall determine a reasonable period for providing the cooperation. Unless the Contracting Parties agree otherwise, the period will not be longer than 30 days. The agreed delivery date of the work shall be extended by the time during which the Client cooperates with the Contractor. The deadline for the delivery of the work shall also be extended by the period during which the Contractor is unable to complete the work due to a force majeure. The deadline for the delivery of the work shall further be extended by the period when the Contractor is unable to complete the work for reasons on the part of the Client. The execution of the work shall also include its assembly.
The Contracting Parties agree that the work shall be handed over on the basis of a written handover protocol. The handover protocol shall contain, in particular, the identification of the Contracting Parties, the designation of the Contract, the specification of the work, a record of any defects or unfinished works, the deadline by which any defects will be removed, the date of handover, the signatures of the Contracting Parties, or persons authorized to perform the relevant action. Each of the Contracting Parties shall receive one copy of the handover protocol.
The Client shall be obliged to accept the work even if the work shows minor defects or unfinished works that do not prevent the use of the work according to its purpose. In the case mentioned in accordance with the previous sentence, the Contracting Parties shall undertake to agree in writing on the method and time to eliminate defects or incompleteness according to the previous sentence.
The Client shall be obliged to accept the goods within the agreed time. If the Client does not accept the goods on time, it is considered that the delivery of the goods took place at the time when the Contractor allowed the Client to handle the goods and the Customer violated the Contract by not accepting the goods within the agreed time. If the Client has not accepted the goods on time, it shall be in default and shall be obliged to reimburse the Contractor for the costs of storing the goods for the period of delay and the costs associated with the return transport to the Contractor. In the event of a delay in accepting the goods, the Client shall be obliged to pay the Contractor the sum of 500 CZK for each day of delay as a storage fee, but only if the Client is not a consumer. This shall not affect the Contractor’s possible claim to compensation for damage caused by the Client’s delay in accepting the goods.
If the Client does not accept the goods within 14 days from the date of delivery thereof, the Contractor shall be entitled to withdraw from the Contract. After the expiry of the period mentioned in the previous sentence, the Contractor shall be entitled to dispose of the goods at will. This shall not affect the Client’s obligation to pay the price of the goods, including the costs associated with storage, delay in accepting or disassembly, including the costs associated with the return transport of the work.

5. TRANSFER OF OWNERSHIP, TRANSFER OF RISK OF DAMAGE TO THE WORK

The Contractor shall be the owner of the work until full payment of the price by the Client. During this period, the Client shall not be entitled to transfer the work to a third party, leave it for use by another person, or encumber the work in any other way. The risk of damage to the work passes to the Client at the moment of handing over the work based on the handover protocol.

6. WITHDRAWAL FROM THE CONTRACT

The Contractor and the Client shall be entitled to withdraw from the Contract in the cases specified in the specific Contract, in these GTC, or in cases where it is expressly permitted by law.
The Contractor shall be entitled to withdraw from the Contract:
1. If the Client does not pay the price of the work within 14 (fourteen) days from the due date stated on the invoice, this also applies in the case of an advance invoice,
2. If the Client does not accept the work within 14 (fourteen) days from the date of handing over the work,
3. If insolvency proceedings, execution proceedings or proceedings relating to tax arrears are being conducted or initiated with the Client,
4. If the Client intentionally provides false information when negotiating the Contract,
5. If the Client does not cooperate with the Contractor in the construction (assembly) of the work,
6. If the Client does not allow the Contractor to construct or assemble the work due to failure to ensure the readiness of the place where the work is to be constructed (assembled), even within the additional period provided by the Contractor, which shall not be shorter than 7 working days and not longer than 15 working days, unless otherwise agreed by and between the Contracting Parties in a specific Contract,
7. If the work or part(s) thereof is performed by a subcontractor, if the latter is unable to perform the work due to the occurrence of force majeure, or as a result of irremediable technical problems that are not the fault of the Contractor or the subcontractor.
The Client is not entitled to withdraw from the Contract without giving a reason. The Client is entitled to withdraw from the Contract:
1. If the Contractor does not complete the work within the agreed deadline, even within the additional specified period, which the Client is obliged to grant in order to fulfill the conditions for withdrawing from the Contract. The length of the period is governed by the provision,
2. If this is stipulated by law in the sense of the Civil Code.
Withdrawal from the Contract shall be valid if it is made in writing. Withdrawal from the Contract must be delivered to the other Contracting Party.
If a Contracting Party withdraws from the Contract, the obligation between the Contracting Parties shall cease from the beginning, and therefore the Client shall have the right to be reimbursed the price of the work as a whole and the Contractor shall have the right to receive back the performance provided. The deadlines for return or payment shall be arranged according to the agreement of the Contracting Parties. If the Contracting Parties do not agree, within 14 days.
If the Client is a consumer, it shall have the right to withdraw from the Contract within 14 days from the date of conclusion of the Contract in the event of conclusion of the Contract via a means of distance communication. If the Client, who is a consumer, withdraws from the contract, the Contractor shall return to it, without undue delay (no later than 14 days from the withdrawal from the contract), all funds, including delivery costs (except for cases where the Client has the right to free delivery in certain situations), which it received based on the Contract, in the same way. The Contractor shall return the received funds to the Client in another way only if the Client has agreed to it and if it does not incur additional costs.

7. LIABILITY FOR DEFECTS, COMPLAINTS

The Contractor shall be responsible to the Client for defects in the work pursuant to Article 2615 of the Civil Code. If the Client is a natural person who is a consumer within the meaning of Article 419 of the Civil Code, the relevant provisions of the Civil Code applicable to consumers shall also apply to the work agreement and the relationship between the Client and the Contractor. The Contractor shall inform the Client that the work has no defects upon handover, i.e., that it was performed and handed over to the Client in accordance with the Contract. If the work has a defect upon handover, this establishes the Contractor’s obligations from defective performance.
The Client shall be obliged to inform of the defect without undue delay after discovering it during a timely inspection and taking sufficient care.
The Client shall not have rights from defective performance if the defect was caused by an external event, the Client itself or a third party other than the Contractor.
The Client shall not be entitled to demand the execution of a replacement work, if the work cannot be returned or handed over to the Contractor due to its nature.
The Client shall claim a defect with the Contractor. In the case of justified claims of defects, the Client has the right to compensation for the costs incurred. The Client must exercise this right within 1 month after the expiry of the period in which the defect must be declared.
In the event that a defect in the work is claimed by the Client, the Contractor shall undertake to settle the claim as soon as possible, but no later than 30 days from the date of the claim, with the exception of defects whose nature and extent require a longer period for the procurement of material.
The Client shall be obliged to make a claim for the detected defects only in writing with a description of the defects sent via postal services to the Contractor’s headquarters or by e-mail to the address This email address is being protected from spambots. You need JavaScript enabled to view it.. Defects shall be solved first by repairing the work, and if it is not possible to perform the repair, the Contractor shall determine another way of settling the claim. After performing the repair, the Client shall be obliged to confirm acceptance of the repaired work. Upon acceptance, the Client’s rights from liability for defects in the work shall be considered satisfied.
The Client shall be obliged to allow the Contractor access to the premises in which the defective work is located, if this is necessary for the proper removal of the defect(s).

8. PROTECTION OF PERSONAL DATA

The protection of personal data is subject to the Regulation of the European Parliament and the Council No. 2016/679 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 the “Regulation”). During the performance of the Contract, the Contractor may come into contact with personal data within the meaning of the Regulation and, in the performance of its obligations thereunder, it is in the position of the controller of personal data vis-à-vis the Client.
By concluding the Contract, the Client grants the Contractor consent to the processing of personal data, which the Contractor processes on the basis of qualified consent for the purpose of completing work orders.
The Clinet’s personal data shall means in particular:
1. In the case that the Client is a consumer, first and last name, date of birth, residential address, e-mail address, telephone number,
2. in the case that the CLIENT IS NOT A consumer, then name, Company Reg. No., registered office address, e-mail address, if it contains a name, telephone number.
Under the conditions set out in the Regulation, the Client has the right to request access to personal data from the Contractor, the right to correct or delete the personal data, or to restrict their processing, the right to object to the processing of personal data by the Contractor, and the right to portability of the Client’s personal data.
The Client shall not be obliged to provide personal data. The provision of personal data is a necessary requirement for the conclusion and performance of the Contract. Without the provision of personal data, it is not possible to conclude a Contract or fulfill it on the part of the Contractor.
The Client shall have the right to delete personal data. The Client shall notify this fact by e-mail to the Contractor’s e-mail.

9. DISPUTE RESOLUTION METHOD, CHOICE OF LAW

Relations between the Contractor and the Client according to a specific Contract, or according to the GTC, shall be governed by Czech law.
The Contracting Parties acknowledge that any and all disputes by and between the Contractor and the Client arising from a specific Contract, or from the GTC, shall be settled with finality at the Arbitration Court of the Economic Chamber of the Czech Republic and the Agrarian Chamber of the Czech Republic according to its rules by one arbitrator appointed by the Chairperson of the Arbitration Court.

10. PENALTIES

If the Client shall be in arrears with the payment of the price for the work agreed according to the specific Contract, or according to the GTC, it shall be obliged to pay the Contractor a contractual penalty in the amount of 0.05% of the agreed price for each day of delay in payment. This shall not affect the Contractor’s right to compensation for damage caused by breach of the Client’s obligation to pay the agreed price. The previous sentence shall not apply if the Client is a consumer.

11. FINAL PROVISIONS

If any provision of the GTC is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose intent is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
The GTC shall be valid and effective as of 1 January 2023. The GTC shall cancel the previous general terms and conditions. The Contractor declares and the Client agrees that the GTC apply as stated on the Contractor’s Website on the day the Client sends a work order to the Contractor.
Any and all changes to the GTC require a written form. The binding nature of changes to the GTC for the Client who has already concluded a specific Contract with the Contractor is subject to the written consent of the Client to the change in the GTC.

Done in Brno on 1 January 2023 Stardom Company s.r.o. Contractor

Martin Libenský, Executive