Terms of Service
1. Red Peak Audio: est. in Prague, Jiří Štofčík IČO 87774330.
2. Customer: the person with whom Red Peak Audio has entered into an agreement.
Parties: Red Peak Audio and customer together.
3. Consumer: a customer who is an individual acting for private purposes.
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Red Peak Audio.
2. Parties may only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
1. All prices used by Red Peak Audio including both audio services and eshop are in euros, are exclusive of VAT, and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. Red Peak Audio is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
3. The price with regard to services is determined by Red Peak Audio on the basis of the actual working hours.
4. The price is calculated according to the usual hourly rates of Red Peak Audio, valid for the period in which we carry out the work, unless a different hourly rate has been agreed upon.
5. If the parties have agreed on a total amount for a service provided by Red Peak Audio, this is always a target price, unless the parties have explicitly agreed in writing upon a fixed price, which cannot be deviated from.
6. Red Peak Audio is entitled to deviate from the target price by up to 10% .
7. If the target price should exceed the original price by more than 10%, Red Peak Audio will let the customer know in due time why a higher price is justified.
8. The customer retains the right to refuse the extra work that would inflate the the target price by more than 10%.
9. Red Peak Audio will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
10. The consumer has the right to terminate the contract with Red Peak Audio if he does not agree with the price increase.
Payments and payment term
1. At the conclusion of the agreement, Red Peak Audio may require a down payment of up to 100% of the agreed amount.
2. The customer will pay the full amount within 7 days after delivery of the product.
3. Payment terms are considered as fatal payment terms. If the customer has not paid the agreed amount until the day after the last day of the payment term, he is legally in default, without Red Peak Audio having to send the customer a reminder or to put him in default.
4. Red Peak Audio reserves the right to require immediate payment or adequate security prior to delivery of products and services.
Consequences of late payment
1. If the customer does not pay within the agreed term, Red Peak Audio is entitled to charge an interest of 0,1% per day from the day the customer is in default, whereby a part of a day is counted as a whole day.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Red Peak Audio.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, Red Peak Audio may suspend its obligations until the customer has met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Red Peak Audio on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by Red Peak Audio, he is still obliged to pay the agreed price to Red Peak Audio.
Suspension of obligations by the customer
1. The customer waives the right to suspend the fulfilment of any obligation arising from this agreement.
1. The customer waives his right to settle any debt to Red Peak Audio with any claim on Red Peak Audio.
1. If the agreed price is not paid on time, Red Peak Audio has the right to suspend its obligations until the agreed price is fully paid.
2. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Red Peak Audio.
1. Any delivery period specified by Red Peak Audio is anticipatory and does not give the customer the right to dissolution or compensation if this period is not met, unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the electronic ordering process and received an electronic confirmation of his order from Red Peak Audio.
1. The customer must ensure that the actual delivery of the products ordered by him can take place in time.
1. When parties have entered into an agreement with services included, these services only contain best-effort obligations for Red Peak Audio, not obligations of results.
Performance of the agreement
1. Red Peak Audio executes the agreement to the best of our knowledge and ability and in accordance with the requirements of good workmanship.
2. Red Peak Audio has the right to have the agreed services partially performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the agreed advance by the customer.
4. It is the responsibility of the customer to provide Red Peak Audio with all things necessary for the implementation of the agreement to start on time.
5. If the customer has not ensured that Red Peak Audio can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.
Duty to inform by the customer
1. The customer shall provide Red Peak Audio with all information, data and documents relevant to the correct execution of the agreement in time and in the desired format and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
3. If the customer requests this, Red Peak Audio will return any provided documents.
4. If the customer does not timely and properly provide the information, data or documents required by Red Peak Audio and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.
1. The customer indemnifies Red Peak Audio against all third-party claims that are related to the products and/or services supplied by Red Peak Audio.
1. The customer must examine the product or service provided by Red Peak Audio as soon as possible for any shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Red Peak Audio as soon as possible, but no later than 1 month after the discovery of the shortcomings.
3. Consumers must inform Red Peak Audio within two months after detection of the shortcomings.
4. The customer gives as detailed description of the shortcomings as possible, so that Red Peak Audio is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can not lead to Red Peak Audio being forced to perform any work beyond the scope of the original agreement.
1. The customer must provide any notice of default to Red Peak Audio in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Red Peak Audio in time.
Joint and several Client liabilities
1. If Red Peak Audio enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Red Peak Audio under that agreement.
Liability of Red Peak Audio
1. Red Peak Audio is only liable for any damage the customer suffers if this damage is caused by intent or gross negligence.
2. If Red Peak Audio is liable for any damage, it is only liable for direct damage that results from or is related to the execution of an agreement.
3. Red Peak Audio is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If Red Peak Audio is liable, its liability is limited to the amount paid by a closed professional liability insurance and in the absence of full payment by an insurance company of the damages the amount of the liability is limited to the part of the invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and approximate and cannot lead to any compensation and/or dissolution of the agreement and/or suspension of any obligation.
1. The customer has the right to dissolve the agreement if Red Peak Audio imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by Red Peak Audio is not deemed impossible, dissolution can only take place after Red Peak Audio is in default.
3. Red Peak Audio has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Red Peak Audio good grounds to fear that the customer will not be able to fulfill his obligations properly.
1. In addition, a shortcoming of Red Peak Audio in the fulfillment of any obligation to the customer cannot be attributed to Red Peak Audio in any situation independent of the will of Red Peak Audio, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations from Red Peak Audio cannot reasonably be required.
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which Red Peak Audio cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Red Peak Audio can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Red Peak Audio does not owe any damage compensation in a situation of force majeure, even if we obtain any advantages as a result of the force majeure situation.
Modification of the agreement
1. If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
1. Red Peak Audio is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by Red Peak Audio with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
1. The customer cannot transfer its rights deferring from an agreement with Red Peak Audio to third parties without the prior written consent of Red Peak Audio .
Consequences of nullity or annullability
1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall be replaced by a provision that comes closest to what Red Peak Audio had in mind when drafting the conditions on that issue.
Applicable law and competent court
1. Czech Republic law is exclusively applicable to all agreements between the parties.
2. The Czech court in the district where Red Peak Audio is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Drawn up on 12th of January 2022 .