General Terms and Conditions
- Business terms and conditions for purchase contracts concluded at a distance via the e-shop www.libielektro.cz (wording as of 01.11.2019)
- Business terms and conditions for purchase contracts (version as of 01.11.2019)
- Líbi Elektro s.r.o. with registered office at Na Folimance 2155/15, registered C 311854 held at the Municipal Court in Prague, ID: 08029784, Tax ID: CZ08029784
- Bank connection: 1756987022/5500, the account is maintained at Raiffeisen Bank, IBAN: CZ0555000000001756987022, BIC: RZBCCZPP
- Contact information:
delivery address: Korytná 1538 / 4, Prague 10, 100 00 Czech Republic
e-mail address: info@libielektro.cz
phone: +420 721094301
1. Terms and conditions and contractual parties
- 1.1 These terms and conditions regulate the rights and obligations between the seller and the buyer when purchasing via the seller's website: www.libielektro.cz, the provisions of articles 1, 6.2, 7, 9, 13 and 15 also apply to purchases made at the seller's premises.
- 1.2 The operator of the website and the seller is Líbi Elektro s.r.o. with registered office at Na Folimance 2155/15, registered C 311854 held at the Municipal Court in Prague, ID number: 08029784
- 1.3 These terms and conditions are valid and effective from 10.07.2020 and fully replace the previous terms and conditions.
- 1.4 The buyer can be either a consumer or an entrepreneur.
- a) In accordance with § 419 of the Civil Code, a consumer is any person who enters into a contract with Electro World s.r.o. or deals with it in any other way outside the scope of his business activity or outside the scope of the independent exercise of his profession.
- b) b) An entrepreneur according to § 420 of the Civil Code is a person who independently carries out a gainful activity on his own account and responsibility in a trade or similar manner with the intention of doing so consistently in order to achieve profit. For the purposes of consumer protection, any person who concludes contracts related to their own business, production or similar activity or in the independent performance of their profession, or a person who acts on behalf of or on behalf of an entrepreneur is considered an entrepreneur.
2. Procedure for concluding a purchase contract
- 2.1 The buyer selects the goods in the online catalog.
- 2.2 When placing an order, the buyer fills in the order form, where he indicates whether he is purchasing as a consumer (fills in name, surname, address, telephone and e-mail) or as an entrepreneur (fills in company name, address, ID number, VAT number). The buyer is obliged to enter all data correctly and truthfully. The data provided by the buyer are considered correct by the seller.
- 2.3 The buyer chooses the method of payment of the purchase price of the goods and the method of delivery of the goods.
- 2.4 Before the buyer bindingly confirms the order, he has the right to check and change all the data specified in the order in order to detect and correct errors that occurred during the order entry.
- 2.5 After sending the order, the buyer immediately receives a confirmation of order acceptance and, in the case of ordering delivery of the goods to the place of delivery and payment by cash on delivery or card, also information about the date of delivery of the goods.
- 2.6 The buyer can cancel the order no later than one day before the shipment of the goods from the warehouse, on the customer line 721094301
- 2.7 It is considered that a proposal to deliver goods at a specified price made in the course of business activity through advertising, in a catalog or by displaying goods is an offer subject to the exhaustion of stocks or loss of the entrepreneur's ability to perform (§ 1732, paragraph 2 of the Civil Code). This means that in the event that the stock of the goods offered by the seller is sold out, the sending of the order by the buyer will not lead to the conclusion of a contract with the seller, and the seller is not obliged to deliver the ordered goods to the buyer. The seller immediately informs the buyer about this situation and proposes an alternative solution.
- 2.8 The buyer's order is stored with the seller as a concluded purchase contract and is not accessible to other entities except the seller.
- 2.9 The contract is concluded in the Czech language.
- 2.10 Information on the individual technical steps leading to the conclusion of the contract is described in these terms and conditions and on the website www.libielektro.cz.
- 2.11 The seller rejects any additions or deviations specified in the acceptance of the offer, i.e. in particular any additions or deviations compared to the offer published by the seller in the online catalog listed in the order sent by the buyer.
3. Price
- 3.1 The current price of the goods always corresponds to the price listed in the online catalog on the seller's website www.libielektro.cz at the time of ordering the goods.
- 3.2 The prices listed in the online catalog include all taxes and fees and are final.
- The fee for the disposal of electronic waste is already included in the price. However, the stated prices do not include the costs of transport, or late delivery, which differ depending on the method of transport and payment chosen by the buyer and which the buyer will be obliged to pay to the seller together with the purchase price of the goods.
- 3.3 The costs of transport, if applicable, are listed below in these general terms and conditions and the seller's website. Information on transport costs applies only to the delivery of goods within the territory of the Czech Republic.
- 3.4 The costs of means of distance communication when concluding the purchase contract (costs of Internet connection or costs of telephone calls) are paid by the buyer himself, and these do not differ from the basic rate.
4. Method of payment
- 4.1 The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
- a) by payment in advance via the payment gateways of selected banks or by bank transfer or direct deposit at Reiffeisen Bank to the seller's bank account 1756987022/5500 If the buyer chooses payment in advance, he is obliged to pay the price of the goods to the seller's account no later than 24 hours after confirming the order;
- b) cash on delivery, when the price will have to be paid to the delivery person when taking over the goods;
- c) when picking up the goods in person at the seller's premises in cash or by card at the seller's premises.
- 4.2 In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol indicated in the order confirmation. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
- 4.3 According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.
5. Method of delivery
- 5.1 The seller undertakes to deliver the ordered goods to the buyer no later than 10 working days from the payment of the price of the goods by the buyer or from the acceptance of the order by the seller, if payment by cash on delivery is chosen. However, if the seller does not have the goods physically in his warehouse (which he will inform the buyer about) and orders them from the supplier only based on the buyer's order, he undertakes to deliver the goods to the buyer no later than 10 weeks after payment of the price stated in the order. The buyer acknowledges that there may be circumstances beyond the seller's control and for which delivery of the ordered goods to the buyer cannot be fulfilled (usually force majeure); in such a case, the procedure according to the following paragraph shall be used.
- 5.2 If the above-mentioned delivery time cannot be met for technical reasons, the seller undertakes to inform the buyer immediately and if the seller and buyer do not agree on the delivery of the goods within a replacement period, on the provision of other goods of the same quality and price, or on other replacement performance , the seller undertakes to return the price paid for the goods or the deposit to the buyer no later than 14 days from the notification of the failure to meet the delivery time, in the same way as was used when paying the price of the goods to the buyer, unless the seller and the buyer agree otherwise.
- 5.3 The seller undertakes to deliver the goods to the buyer at the address in the Czech Republic, which the buyer indicates in the order as the place of delivery, and the buyer is obliged to take over the goods upon delivery.
- 5.4 Delivery to the place of delivery includes delivery of the goods to the first lockable door without removing the goods using standard tools, or before the first obstacle in this way (impassable road, inaccessible entrance door,
- 5.5 If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to compensate the seller for the costs associated with repeated delivery of the goods, or costs associated with a different delivery method Including costs associated with an incorrectly filled-in delivery address.
6. Personal collection
- 6.1 The buyer can only choose personal collection at one of the seller's establishments if the ordered goods are physically available at that establishment. In case of unavailability of the goods, an alternative procedure will be agreed with the buyer; if the buyer does not agree with the proposal of this procedure and the contracting parties do not agree otherwise, the buyer has the right to withdraw from the purchase contract; in such a case, the seller will return the paid price (advance payment) in full within 14 days from the effective date of withdrawal, to the buyer's account or address.
- 6.2 The goods from the store (when purchasing goods when purchasing via the seller's website: www.libielektro.cz with the selection of personal collection of goods or when purchasing goods in the seller's store) will be delivered by the seller at the buyer's request to the delivery location specified by the buyer at the buyer's expense.
- 6.3 Goods ordered for personal collection will be reserved for a period of 2 days from the submission of information to the customer about the readiness of the goods for personal collection.
7. Acceptance of goods by the buyer
- When taking over the goods, the buyer is obliged to check the intactness of the packaging, or the protective adhesive tape with the Libi Elektro logo. The buyer will write down any detected defects in the carrier's delivery note, in case of doubts about the integrity of the goods, the buyer will not accept the shipment. By signing the delivery note, the buyer confirms that the shipment was delivered in good order and that later complaints of packaging damage will no longer be taken into account.
- The customer is obliged to unpack and check the goods within 48 hours of receipt. Later complaints regarding damage to goods during transport will not be taken into account.
- In case of damage to the packaging during the delivery of the goods, the customer is obliged to write this fact in the delivery note when taking over the goods, or refuse to take over the goods stating the reason for the damaged packaging.
8. Documents
- The invoice (tax document) will be sent by the seller to the buyer electronically by email after receiving the goods. It also serves as a delivery note, proof of payment for the goods and replaces the warranty card. If the email with the tax document is not delivered within the second working day after receiving the goods, please contact our customer center.
- The seller is not responsible for non-delivery of the tax document in the event of a wrongly filled e-mail address by the buyer in his order or incorrectly set by the customer's system.
9. Defect rights and warranty conditions
- The buyer's rights arising from defective performance and warranty conditions are governed by applicable legislation (in particular § 2165 et seq. of Act No. 89/2012 Coll. – Civil Code with amendments) and the applicable Complaints Procedure of Líbi Elektro, the text of which is available, among others, at www .libielektro.cz.
- The warranty period for new and unused goods that are not intended for professional use is 24 months
- The warranty period for goods showing cosmetic defects that do not affect the function, for goods unpacked, without original packaging, for demonstration purposes is 12 months.
- Professional equipment (intended for operation in establishments or for the performance of business or trade activities) unless otherwise stated, has a warranty set for 12 months
- The seller is obliged to indicate for each individual product what type of product it is in terms of the length of the warranty period. 6 months for used goods. Or depending on the type of product for its lifespan.
10. Withdrawal from the contract by the consumer
- 10.1 In accordance with § 1829 paragraph 1 of Act No. 89/2012 Coll., Civil Code, the buyer - consumer (but not the buyer - entrepreneur) has the right to withdraw from the contract within 14 days. Withdrawal from the contract must be sent to the seller within the specified period. The period according to the first sentence runs from the day of acceptance of the goods, while if it is a contract whose subject is several types of goods or delivery of several parts, this period runs from the day of acceptance of the last delivery of goods, or if it is a contract whose subject is regular repeated delivery of goods, from the date of acceptance of the first delivery of goods.
- 10.2 The consumer can deliver the notice of withdrawal by e-mail to info@libielektro.cz, preferably by phone to the customer line number 721094301 or to any Líbi Elektro store
- 10.3 If the consumer withdraws from the contract, he shall send or hand over to the seller without undue delay, no later than 14 days from the delivery of the withdrawal from the contract to the seller, the goods he received from the seller at his own expense, even if the goods cannot be returned due to its nature by the usual postal route.
- 10.4 The consumer can send or hand over the purchased goods either to any Líbi Elektro location or to the address provided by the seller after receiving the cancellation notice. Goods sent to the seller on cash on delivery will not be accepted by the seller. Returned goods must be in the condition in which they were received by the consumer, including all documentation (warranty certificate, instructions) and accessories, and secured for transport in such a way as to prevent damage.
- 10.6 If the consumer withdraws from the contract, the seller will return to him without undue delay, no later than fourteen days from the withdrawal from the contract, all funds received from him on the basis of the contract, including the costs of delivering the goods (except for additional costs incurred as a result, that the consumer has chosen a delivery method that is different from the cheapest standard delivery method offered by the seller), in the same way that the seller received them from the buyer, unless they agree otherwise.
- In the case of returning goods within 14 days of receipt for which shipping was free, shipping costs will be deducted from the returned amount, namely:
shipment from 0 to 3 kg – CZK 200 no
shipment from 3 to 30 kg – CZK 400 Item no
shipment from 30 kg and above – CZK 1,500 - 10.7 If the consumer withdraws from the contract, the seller is not obliged to return the received funds to the consumer before the consumer hands over the goods to him or proves that he has sent the goods to the seller.
- 10.8 The consumer is liable to the seller for the reduction in the value of the goods as a result of handling these goods in a way other than what is necessary to handle them with regard to their nature and characteristics. Which means getting to know the nature of the goods in the same way as in a regular brick-and-mortar store.
- - for example, not to use, modify or otherwise degrade the goods after the notification of withdrawal from the purchase contract.
- 10.9 In the event that the value of the goods will be reduced to a greater extent than stated in the previous sentence, the seller is entitled to offset his right to compensation for the reduction in the value of the returned goods against the returned purchase price; (pollution, damage, interference with the structure, etc.), however, he is obliged to prove the amount of this compensation.
- 10.10 If gifts are provided to the seller with the purchased goods, a gift contract is concluded between the seller and the buyer with the condition that if the consumer's right to withdraw from the purchase contract is used, the gift contract becomes ineffective and the consumer is obliged to return the returned goods together with related the gifts given, including everything with which he was enriched. In the event that these are not returned, these values will be understood as unjust enrichment of the consumer. If the release of the subject of unjustified enrichment is not possible, the seller has the right to monetary compensation in the amount of the usual price.
- 10.11 The consumer cannot withdraw from the contract (according to the provisions of § 1837 of the Civil Code):
- a) on the provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract and the seller informed the consumer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
- b) on the delivery of goods or services, the price of which depends on fluctuations in the financial market, independent of the will of the seller, and which may occur during the period for withdrawing from the contract,
- c) for the delivery of alcoholic beverages, which can only be delivered after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the seller,
- d) on the delivery of goods that have been modified according to the wishes of the consumer or for his person,
- e) on the delivery of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery,
- f) on repair or maintenance carried out at the place designated by the consumer at his request; however, this does not apply in the case of subsequent repairs other than requested or delivery of spare parts other than requested,
- g) on the delivery of goods in closed packaging that the consumer has removed from the packaging and cannot be returned for hygienic reasons (e.g. razors, epilators and other products intended for personal hygiene and beautification, etc.),
- h) about the delivery of an audio or video recording or a computer program, if it has violated their original packaging,
- i) on the delivery of newspapers, periodicals or magazines,
- j) on accommodation, transport, catering or use of free time, if the seller provides these services within the specified period,
- k) o concluded on the basis of a public auction according to the law governing public auctions, or
- l) about the delivery of digital content, if it was not delivered on a physical medium and was delivered with the prior express consent of the consumer before the expiration of the withdrawal period and the seller informed the consumer before concluding the contract that in such case he does not have the right to withdraw from the contract. The seller hereby informs the buyer that in the case of a contract for the supply of digital content, if it is not supplied on a physical medium, the consumer does not have the right to withdraw from such a contract.
- m) goods for animals, however used for hygienic reasons
11. Withdrawal from the contract by the seller
- 11.1 The seller is entitled to withdraw from the contract in particular due to the currently occurring unavailability of the ordered goods or non-payment of the price of the goods by the buyer. The seller is obliged to immediately inform the buyer about the withdrawal and try to agree on a possible solution with him. The seller reserves the right to limit the number of pieces of the same product sold to one person.
- 11.2 The seller is entitled to withdraw from the contract concluded with the buyer also in the event of an obvious error in the price of the goods (which means in particular the situation when the price of the ordered goods is lower by more than 20 % than is usual for this type and type of goods) and other obvious typos. In the event that this situation occurs, the seller will immediately contact the buyer in order to agree on the next course of action. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address in the shortest possible time.
12. Personal data
- 12.1 Information regarding the protection of personal data in connection with the new legislation in the field of personal data protection - Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/ 46/EC (general regulation on the protection of personal data) (hereinafter referred to as "GDPR") - and by introducing measures to ensure compliance of the seller's procedures with the GDPR and with related legal regulations governing the protection of personal data (e.g. Act No. 101/2000 Coll., on the protection of personal data), the buyer can find it at www.libielektro.cz
13. Return collection of electronic waste
- 13.1 The seller collects electronic waste from its customers in all establishments.
- 13.2 Take-backs are limited in quantity and in a "piece by piece" manner. For example, when buying a refrigerator, you can return the refrigerator, etc.
14. Confirmation of agreement with the General Terms and Conditions and the Complaints Procedure
- When confirming each order for goods from the online store, the buyer confirms that he has familiarized himself with and agrees with these general terms and conditions and the complaint procedure of the company |Líbi Elektro s.r.o.
15. Further Information
- 15.1 Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: http://www.coi.cz.
- 15.2 The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
- 15.3 The European Consumer Center Czech Republic, with registered office Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is a contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of on 21 May 2013 on the resolution of consumer disputes online and on the amendment of Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on the resolution of online consumer disputes).
- 15.4 The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
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- General Terms and Conditions.pdf