General Terms and Conditions

English translation of the original Czech version: „Všeobecné obchodní podmínky“

1. Basic Definitions and Legislative Abbreviations

• The company RECUAIR, s.r.o., with its registered office at Trojanova 117, 278 01 Kralupy nad Vltavou, Company ID (IČ): 06400213, File No. C 281520, registered with the Municipal Court in Prague, is hereinafter referred to as the “Supplier”.

• A subject (natural or legal person) using the Supplier’s services is hereinafter referred to as the “Customer”.

• A Customer who is a natural person and who enters into a contractual relationship with the Supplier outside the scope of their business activity or outside the independent exercise of their profession is hereinafter referred to as the “Consumer”.

• A Customer who independently carries out, at their own account and responsibility, a gainful activity in a trade or similar manner, with the intention of doing so on a continuing basis in order to make a profit from that activity, and who enters into a contractual relationship with the Supplier, is hereinafter referred to as the “Entrepreneur”.

• An order by which the Customer orders goods or services from the Supplier is hereinafter referred to as the “Order”.

• These general terms and conditions are hereinafter referred to as the “GTC”.

• The electronic presentation of services and goods located at www.recuair.cz is hereinafter referred to as the “Website”.

2. GTC

• These GTC govern the rights and obligations between the Supplier and the Customer arising in connection with the supply of products and the provision of services by the Supplier, and form part of the contract concluded.

• The Customer agrees to these GTC when creating an Order, in the version valid at the time the Order is created. Provisions contained in the Order that differ from the provisions of the GTC take precedence over the GTC.

• By agreeing to these GTC, the Customer confirms that, before concluding the contract, they familiarised themselves with their content, including the information for Consumers, the complaints procedure, and the personal data protection conditions.

• Rights and obligations between the Supplier and the Customer not governed by these GTC or by written agreements are governed by the laws of the Czech Republic.

3. Order

• Goods and services from the Supplier’s offer published on the Website may be ordered through an Order.

• The Website is available at all times, except for necessary technical outages.

• The Order is created by the Customer in writing or through electronic communication. Before sending the Order, the Customer may amend the requested performance, method of delivery, and method of payment.

• The Supplier is not liable for any data-transmission errors occurring while the Order is being created.

• The person creating the Order must enter only truthful information about themselves and about the Customer who is to enter into the contractual relationship with the Supplier. By sending the Order, that person confirms that they are authorised to place the Order on behalf of the Customer named in it. The person creating the Order is liable for the accuracy of the information provided and for any damage caused by providing false information.

• If the Customer states their Company ID (IČ) in the Order, they acknowledge that, for the purposes of the contractual relationship with the Supplier, they are treated as an Entrepreneur, and that the statutory and contractual provisions protecting Consumers do not apply to them.

• For goods and services marked as a “pre-order”, only a preliminary, indicative price is stated, which may differ from the final price. Once the Supplier has secured the goods, the Customer will be informed of the final price by e-mail, at the address stated in the Order. If the Customer has already paid the preliminary price and the final price is lower, the overpayment will be refunded within 10 business days of the date the final price is determined. The Supplier reserves the right to cancel a pre-order if circumstances change to such an extent that the order can no longer be fulfilled.

• Together with the ordered goods or service, the Supplier may provide additional goods or a service marked as a “gift”. If the Customer is not interested in the gift, they must notify the Supplier of this without undue delay, and the Supplier will deliver the order without it. If the Customer accepts the gift, they must return it in the event of withdrawal from the contract — this does not apply to consumable goods.

• As part of the Order, the Customer selects the method of transport and installation from the options offered, each stating the price of transport and installation. This price is added to the price of the ordered goods or services. The Supplier may provide a contribution towards transport costs.

• Delivery dates stated on the Website are indicative and may differ from the actual delivery date. The Supplier reserves the right to change the date, which does not, however, affect the Consumer’s right to withdraw from the contract. The Supplier is not liable for delays by the carrier in delivering the ordered goods.

4. Conclusion of the Contract

• The contract is concluded when the Supplier confirms the Order by sending an e-mail message to the address provided by the Customer in the Order. For orders of services, and for Orders placed by Entrepreneurs who are VAT payers, payment of the price is also a condition for concluding the contract.

• Under the concluded contract, the Supplier undertakes to hand over the ordered goods to the Customer, to enable the Customer to acquire title to those goods, and to ensure the possibility of using the ordered service. The Customer undertakes to pay the Supplier the price of the ordered goods and services.

• A concluded contract may be amended only by agreement of the parties, excluding oral agreement, and otherwise only in cases stipulated by the laws of the Czech Republic and by these GTC.

• Title to the ordered goods passes to the Customer only upon receipt of the goods.

• Purchasing goods or services does not confer on the Customer any right to use the Supplier’s registered trademarks, trade names, or company logos, unless otherwise agreed in a specific case by separate agreement.

• The Supplier’s products and services, including their technical characteristics and parameters, are described in the product descriptions in catalogues, brochures, user manuals, quick guides, and other documentation supplied by the Supplier together with the goods and services. All technical data on products that are not expressly specified and stated as binding within an Order are non-binding on the Customer, and the Supplier reserves the right to change them. Purchasing goods or services does not transfer to the Customer any copyright or other intellectual property rights related to the goods and services supplied. Supporting materials may be copied or otherwise distributed or provided to other persons only with the Supplier’s written consent.

5. Delivery of Ordered Goods and Services

• The Supplier fulfils its obligation to hand over an item to the Customer by enabling the Customer to deal with the item at the place of performance and by notifying the Customer of this in good time.

• Where goods are delivered through a third party (carrier), the goods are deemed delivered:

  • to an Entrepreneur, upon handover of the goods for carriage to the first carrier and by enabling the Entrepreneur to exercise rights under the contract of carriage against the carrier;

  • to a Consumer, at the moment the carrier hands over the goods to them.

• Unless the contract provides otherwise, the Supplier will pack the goods in a manner necessary to preserve and protect them, and will prepare the goods for transport in the same way.

• Goods with a value exceeding CZK 20,000 will be handed over by the Supplier for transport to the Customer only after the purchase price has been paid in full.

• The Customer undertakes to take delivery of the goods on the agreed date at the address stated in the Order.

• Upon taking delivery of the goods, the risk of damage to or destruction of the goods passes to the Customer.

• Upon taking delivery of the goods, the Customer must check the physical integrity and completeness of the shipment.

• The Customer must refuse to accept a damaged shipment from the carrier and must draw up a written record with the carrier describing the damage. The Customer must inform the Supplier of this without undue delay.

• After taking delivery of the goods, the Customer must inspect them without undue delay and inform the Supplier of any defects found within 5 days of the date the goods were delivered. Notification of defects must be made by the Customer in writing (by e-mail) and must include a description of the defects and how they manifest.

• If the Supplier is unable to deliver the ordered goods or service, it will notify the Customer of this fact, and the contract terminates due to impossibility of performance. The Supplier has the right to cancel the Order and withdraw from the contract, or part of it, in the following cases:

  • the ordered goods are no longer manufactured;

  • the price charged by the goods subcontractor has changed in a way the Supplier could not have foreseen at the time the Order was placed;

  • the price of the goods stated on the Website contained a clerical error;

  • delivery of the service within the deadline stated in the Order is not possible due to capacity constraints.

6. Warranty, Complaints, and Rights Arising from Defective Performance

• The Supplier must deliver the ordered goods and service to the Customer free of defects.

• An item is defective if it does not have the agreed properties. Delivery of an item other than the one ordered, or defects in the documents necessary for using the item, are also considered a defect.

• The Customer’s right arising from defective performance is established by a defect the item had at the time the risk of damage passed to the Customer, even if it becomes apparent within 6 months of the date of delivery, or, for goods delivered to a Consumer, within 24 months of the date of delivery.

• A defect in an item of which the Customer was aware at the time the Order was sent does not establish the Customer’s right arising from defective performance.

• The following do not constitute defective performance by the Supplier — an error or defect in the goods that arose:

  • from damage occurring after the risk of damage passed to the Customer;

  • from operating the product under unsuitable conditions;

  • from improper installation;

  • from use contrary to the manufacturer’s recommendations.

• Warranty and service conditions are set out in the warranty certificates of the relevant products. The Supplier will provide these warranty certificates and service conditions to the Customer no later than together with the relevant product.

• Liability for defects in consumer goods does not apply to:

  • a defect for which the goods were sold at a reduced price, where this was stated in the offer;

  • wear and tear caused by normal use of the item;

  • a defect corresponding to the degree of use or wear of an item that was offered as used and already had this defect at the time the Customer received it;

  • destruction of the item caused by unsuitable use;

  • where this follows from the nature of the item.

• For consumer goods for which the manufacturer states a use-by date, the quality warranty period is shortened to the period stated on the product.

• The Customer shall submit a complaint:

  • through the complaints form available on the Website;

  • by e-mail to the contact address info@recuair.com, sent from the e-mail address stated in the Order;

  • by registered letter to the Supplier’s delivery address;

  • by data message to the Supplier’s data box.

• The validity of a complaint is conditional on sufficient identification of:

  • the Customer;

  • the goods complained of, including the serial number;

  • the Order under which the goods were delivered;

  • a description of the defect and how it manifests.

• An Entrepreneur is not entitled to complain about a defect in the gift described in clause 4.8 of the GTC.

• The Supplier has the right to reject a complaint where the goods complained of, or their components, are soiled or fail to meet the basic requirements for a hygienically safe handover of the goods for the complaints procedure. In the case of a complaint regarding a device with a fuel tank, the tank must be empty when the goods are received for the complaint.

• The Supplier must settle a submitted complaint within 30 days of its receipt. The Supplier will issue the Customer with written confirmation of the date and method of settling the complaint, including confirmation of any repair carried out and the duration of the complaint, or the reasons for rejecting it.

• The Customer must collect the item subject to the complaint without undue delay, no later than 30 days from the date they were informed of its settlement. This period cannot, however, expire earlier than 60 days from the date the complaint was submitted.

• The Customer has the right to reimbursement of reasonably incurred costs associated with a justified complaint. These costs are understood as the minimum necessary, in particular postage for sending the goods complained of. Costs that need not be reimbursed include, for example, travel by car to submit the complaint, express shipping, and similar expenses. Reimbursement must be requested without undue delay, no later than 1 month after the end of the period for exercising rights arising from defective performance.

• Where a complaint is justifiably rejected, the Customer must reimburse the Supplier for the costs associated with handling the complaint.

7. Information for Consumers

• The goods and services offered by the Supplier are intended primarily for Entrepreneurs in the field of installing and operating ventilation systems. The Supplier does not recommend their use by persons who lack the appropriate professional competence or who have not completed professional training in installing and managing such systems. The Supplier is not liable for damage arising from improper use or installation of the purchased goods.

• The Supplier does not charge the Customer any fees for distance communication, except for contractual transport and communication costs related to a breach of the Customer’s obligations or unjustified claims.

• Prices of goods and services on the Website are stated both including and excluding VAT, with the corresponding label, and include all statutory charges except the recycling contribution, which is charged separately. The transport price is not included in the price of the goods and is determined according to the Customer’s selection within the Order.

• The Supplier may grant registered Customers a discount on the standard price.

• The Consumer has the right to withdraw from the contractual relationship established by the Order within 14 days of its conclusion. Depending on the nature of the Order, this period begins to run:

  • for a one-off delivery of goods, on the day the Consumer takes delivery of the goods;

  • for delivery of several types of goods or parts of goods, on the day the Consumer takes delivery of the last delivery;

  • for regular, repeated deliveries of goods, on the day the Consumer takes delivery of the first delivery.

• The Consumer has the right to complain about a defect in the goods that becomes apparent within 24 months of delivery to the Consumer. The Consumer may complain about defects in gifts within no more than 14 days of the date of delivery.

• The Consumer has the right to lodge a complaint with the Supplier through the contact e-mail address or the contact form on the Website.

• The Consumer has the right to refer a complaint to a supervisory or state-oversight authority, such as the Czech Trade Inspection Authority, or to resolve the dispute online through the ODR platform.

8. Withdrawal by the Customer

• The Customer has the right to withdraw from the contractual relationship established by the Order within 24 hours of its creation, without giving a reason.

• The conditions for withdrawal by the Consumer are set out in Section 7 of the GTC.

• Withdrawal is not possible for the following types of goods and services:

  • the provision of services that the Supplier has already provided with the Customer’s prior express consent before the expiry of the withdrawal period;

  • goods or services whose price depends on fluctuations in the financial market beyond the Supplier’s control, and which may occur during the withdrawal period;

  • goods that have been customised according to the Customer’s wishes or for their person;

  • perishable goods, and goods that have been damaged after delivery, except for defects in goods that are subject to a complaint;

  • goods that have been damaged or excessively worn after the risk of damage passed to the Customer;

  • specific consumable goods (e.g. filters, technical components, etc.), if they have been damaged, used, or their original packaging has been broken;

  • special custom-made services, for which the Supplier may, at the Customer’s request, agree to accept withdrawal from the Order, provided that the Customer pays the Supplier a cancellation fee corresponding to the costs incurred or the value of the service.

• The Customer may withdraw from the contractual relationship in the following ways:

  • through the form available on the Website;

  • by e-mail to the Supplier’s contact e-mail address, sent from the e-mail address stated in the Order;

  • by registered letter to the Supplier’s delivery address;

  • by data message to the Supplier’s data box.

• The validity of the withdrawal is conditional on sufficient identification of:

  • the Customer;

  • the goods being returned;

  • the Order under which the goods were delivered;

  • the bank account details to which the price of the goods should be refunded — for a Consumer, refund by postal order is also possible;

  • the reason for withdrawal, unless it is a case of withdrawal to which the Customer is entitled without stating a reason.

• Costs associated with withdrawal from the contractual relationship, including the costs of returning the goods to the Supplier, are borne by the Customer, unless expressly stated otherwise.

9. Delivery of Goods to the Supplier upon Complaint and Withdrawal

• The Customer must deliver the goods to the Supplier within 14 days of the date the complaint about the defect is made, or of withdrawal from the contract.

• Returns are possible only to the Supplier’s delivery address.

• The goods must be returned complete, i.e. including all supplied accessories, with complete documentation, undamaged, clean, if possible including the original packaging, and in the condition and value in which the Customer received them. Together with the goods, the Customer must provide the Supplier with the reason for the return, i.e. the written complaint or withdrawal from the contract, or the output of the relevant form.

• Where the goods are returned via a carrier, the Customer must pack the goods properly and ensure they are protected against damage during transport.

10. Refund of the Price

• If the Customer withdraws from the contract or part of it, the Supplier must refund the price of the goods within 14 days of the date the Customer duly returns the goods to the Supplier.

• The Supplier may unilaterally set off compensation for the reduction in value of the goods, depending on the nature of the Customer:

  • for Consumers, only for a reduction in value resulting from handling the goods in a manner inconsistent with their normal nature, properties, ordinary care, or the manufacturer’s recommendations;

  • for Entrepreneurs, for the overall reduction in the value of the goods compared with their value at the time of delivery, and reimbursement of the costs of returning the goods to sale.

• The Supplier will refund the price to the Customer’s account stated in the written withdrawal from the contract. For a Consumer, refund by postal order is also possible.

• With the Customer’s consent, the price may instead be refunded as a voucher for the purchase of goods or services from the Supplier.

11. Supplier’s Contact Details

• Contact details for communication with the Supplier:

  • Telephone: _________

  • E-mail: ________

  • Delivery address: Recuair s.r.o., Trojanova 117, 278 01 Kralupy nad Vltavou

  • Data box: _________

• Customers are required to use e-mail as their primary means of communication with the Supplier. An e-mail message sent from the address stated in the Order, or the address stated upon registration, is considered sufficient identification of the Customer.

12. Personal Data Protection

• The Supplier must store and process all personal data provided to it by the Customer exclusively in accordance with applicable legislation.

• The Customer has the right to access and correct their personal data.

• Personal data protection is governed by the personal data protection conditions published on the Supplier’s Website.

• The Supplier is not entitled to disclose Customers’ personal data to third parties, except for the transfer of data necessary for the delivery of shipments.

13. Dispute Resolution

• The Customer and the Supplier undertake to resolve their disputes primarily amicably and by mutual agreement.

• The courts of the Czech Republic have jurisdiction over disputes between the Supplier and the Customer.

• Consumers are entitled to resolve disputes through the Czech Trade Inspection Authority (ČOI) or the ODR platform, as stated in clause 7.8 of the GTC.

14. Final Provisions

• These General Terms and Conditions are valid from 13 June 2025 and replace all previous versions.

• These GTC have been prepared in several languages. In the event of a discrepancy between language versions, the Czech version shall prevail.

• These GTC are available at the Supplier’s registered office and on the Website.