Complaints Procedure

• Líbi Elektro s.r.o. with registered office at Na Folimance 2155/15, Vinohrady, 120 00 Prague 2 File number:
• C 311854 held at the Municipal Court in Prague ID: 08029784, Tax ID: CZ08029784 (hereinafter referred to as Líbi Elektro)
• Contact information:
  delivery address: Korytná 1538 / 4, Prague 10, 100 00 Czech Republic
  e-mail address: info@libielektro.cz
  phone: +420 721094301
• Article 1 – Introduction
• The relations between the customer and the seller when exercising rights from liability for defects are governed by applicable legal regulations (in particular Act No. 89/2012 Coll., the Civil Code as amended and Act No. 634/1992 Coll. on Consumer Protection as amended) and this complaint procedure. Customer means a consumer within the meaning of § 2 paragraph 1 letter a) of Act No. 634/1992 Coll. on consumer protection.

Article 2 – The right to claim

• Rights from liability for defects (complaints) can be exercised in any Líbi Elektro store.
• The customer is obliged to provide proof that the goods were purchased in a store of Líbi Elektro or in the online store of Líbi Elektro. The original proof of purchase of the goods or a duly completed warranty card is optimal.
• When making a complaint, the customer receives a complaint protocol, which serves as a document for the settlement of the complaint. The customer is obliged to provide complete and correct data when drawing up the complaint protocol, and confirms their completeness and correctness by signing the complaint protocol.

• Complaints are not justified in cases where a defect or damage has occurred:

• a) demonstrably incorrect use of the product (e.g. use contrary to the instructions for use or contrary to the instructions given on the product packaging or in the warranty card, use contrary to the generally known rules of use of the product in question, operation with incorrect supply voltage, connection to unauthorized current sources) or by other improper actions of the user,
• b) demonstrably unauthorized interventions in the device, natural disaster, mechanical damage to the product or if the seals were damaged or removed if the product is equipped with seals,
• c) if the presented warranty card bears obvious signs of data changes or if the product has a different serial number from the one stated in the warranty card.
• d) In the event that the product must be installed (electrical devices that cannot be plugged into the mains, all gas devices) and the buyer does not have a valid certificate of installation by an authorized expert
• e) for products that are intended for heating and heating with solid fuels - in the absence of a valid inspection report issued by a chimney sweep and heating engineer. The supplier is also not responsible for damage to the heating system due to incorrect installation or incorrectly selected type of equipment or inappropriate way of use. The warranty does not apply to consumable parts of these products (glass, fireclay, verticulit and other original linings, seals, handle handles)
• f) products that are put into operation must always be installed by a certified expert. The certification of this expert must be for the brand of the purchased product, unless otherwise specified at the time of sale.
• g) in the event that there is an obligation to regularly revise this product or parts to which the product is connected and this has not been done.
• in the case when an electrical appliance is connected to an electrical network or a device that exhibits overvoltage or undervoltage. It is connected to unsuitable extension cords. It is connected to an electrical network with adequate protection for the given appliance

Article 3 – Liability of the seller

• When selling goods, Líbi Elektro is responsible for ensuring that the goods have the specified quality, quantity, measure and weight.
• The goods must be free of defects and must comply with technical standards.
• The seller points out that the depicted photos of the products are illustrative, he reserves the right to change the product, but not its functionality and basic functional properties

Article 4 – Liability for defects and warranty period

• The seller answers to the customer that the item has no defects upon receipt.
• If a defect becomes apparent within 6 months of the item being taken over by the customer, it is assumed that it was already defective at the time of taking over, unless proven otherwise.
• The buyer is entitled to the rights from defects listed in Article 6 of this complaint procedure. The buyer can demand the delivery of a new item without defects, only if this is not unreasonable due to the nature of the defect. If the defect concerns only a part of the item, the buyer can only request the replacement of the part. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without unnecessary delay, the buyer has the right to have the defect removed free of charge (see §2169 of Act No. 89/2012 Coll., Civil Code).

• The seller does not answer:
• a) for an item sold at a lower price due to a defect for which a lower price was agreed,
• b) for the wear and tear of the thing caused by its usual use,
• c) in the case of a used item for a defect corresponding to the degree of use or wear and tear the item had when the customer took it over.
• d) for defect or wear of the product due to unprofessional use, or use for other purposes than the product is intended for, insufficient or incorrect maintenance

• A defect caused by unprofessional assembly or other unprofessional commissioning of the item is considered a defect if this assembly or commissioning was agreed in the purchase contract and carried out by the seller or another person under the seller's responsibility, carried out by the customer and the defect arose on the basis of incorrect instructions given in the instructions for assembly or putting the thing into operation.
• The specific product for complaints are LCD monitors and televisions, which must meet certain provisions according to the ISO 13406-2 standard. Thus, only such an LCD monitor or TV set, on which a defect of three or more color pixels (point on the screen) or six or more non-functioning sub-pixels has manifested itself, can be recognized as a defective product and subsequently complained about.
• The warranty period is two years except for products intended for commercial use. The warranty for these is 1 year
• In the case of the purchase of already used goods, the period for exercising rights from defective performance is one year.
• The warranty period begins when the customer receives the item. If the purchased item is to be put into operation by an entrepreneur other than the seller, the warranty period will start to run only from the day the item is put into operation, if the customer has ordered the putting into operation no later than three weeks after taking over the item and has properly and timely provided the necessary cooperation to perform the service. The start of the warranty period is thus postponed only if all the above conditions are met. If any of them is not met, the warranty period begins to run from the day of receipt of the item.
• The time from the exercise of the right from liability for defects until the time when the customer was obliged to take over the item after the repair is completed is not included in the warranty period (see §1922 of Act No. 89/2012 Coll., Civil Code).
• The seller is obliged to give the customer a confirmation of when he exercised the right, as well as of the execution of the repair and its duration.

• By violating the protective seal, information sticker or serial number, the buyer risks rejection of the claim, unless the damage occurs during normal use. Seals and serial numbers are an integral part of the goods and do not in any way limit the customer's right to use and handle the goods to the full extent of what the goods are intended for.

•  
• In addition, the warranty does not cover damage caused (in the event that such activity is not a normal activity and is not prohibited in the attached instructions for use):
• mechanical damage to the goods,
• by electrical overvoltage (visible burnt components or printed circuit boards) with the exception of normal deviations,
• using the goods in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical effects of the environment, which is directly determined by the seller or manufacturer,
• by unprofessional installation, handling, service, or neglecting the care of the goods,
• damage to the product or its part by a computer virus, etc.,
• if the defect manifests itself only with software for which the customer is unable to prove a legal method of acquisition, or with the use of unauthorized software and consumables,
• damage caused by excessive loading or use contrary to the conditions specified in the documentation or general principles,
• performing an unqualified intervention or changing parameters,
• goods that have been modified by the customer (painting, bending, etc.), if a defect has arisen as a result of this modification,
• in the event of an erroneous BIOS, firmware upgrade,
• damage by natural elements or force majeure,
• using incorrect or defective software,
• by the use of incorrect or non-original consumables, nor for possible damages arising as a result, if such use is not usual and has not been excluded in the attached instructions for use.
• These restrictions do not apply if the properties of the goods, which are in conflict with the above conditions, have been expressly agreed upon by the buyer and Líbi Elektr, exchanged or declared by the seller, or can be expected due to the advertising carried out or the usual way of using the goods.
•  
• If the goods are software, the warranty applies exclusively to the physical legibility of the media (the media must not be scratched, etc.). At the moment of removing the protective means (foil, seal, opening the envelope, etc.), the buyer becomes an authorized user of the software product and accepts the license agreement of the software manufacturer, in the case of digital content, this is already the download itself. This does not apply to a breach of the purchase contract
•  
• Compatibility
• Líbi Elektro does not guarantee the full compatibility of the sold components with other parts not approved by Líbi Elektro employees, manufacturers or suppliers, or with software applications whose functionality was not explicitly requested by the buyer in the written order, unless such compatibility is usual for similar goods and if Líbi Elektro has not for the goods, it is explicitly stated that the goods are compatible only with the specified list or are not compatible only with the specified list.
• Compatibility also applies to software and its individual versions. Furthermore, if the compatibility of certain software versions has been declared, the same does not automatically apply to their subsequent and likewise to previous versions of these software.
•  

Article 5 – Deadline for filing a complaint

• Rights from liability for defects of the item for which the warranty period applies shall expire if they have not been exercised within the warranty period.
• The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time required for a professional assessment of the defect (see § 19 of the Act on Consumer Protection). The complaint, including the removal of the defect, must be handled without undue delay, but no later than 30 days from the date of the claim, unless the seller and the customer agree on a longer period. After this period, the customer has the same rights as if it were a defect that cannot be removed (Article 6). The deadline for settling the claim begins the day after the claim is made (according to § 605 of Act No. 89/2012 Coll.).
• The customer can inquire about the result of the complaint himself at the address of the establishment where he filed the complaint.
• When taking over the item for the complaint procedure, the seller is not responsible for the buyer's data and information stored on HD, memories, or other information carriers that are part of the item taken over for complaint, or their possible loss.

Article 6 – Rights from defects

• If the defect is rectifiable, it is always considered an insignificant breach of contract. In such a case, the customer always has the exclusive right to eliminate the defect by repairing the item.
• In the event that the defect cannot be removed by repairing the item, the customer has the right to receive a new item without a defect, but if the defect concerns only a part of the item, the buyer has the right to demand only the replacement of the part at that moment. If the defect cannot be removed either by repairing the item or by delivering a new item without a defect, the customer has the right to a reasonable discount on the price or the right to withdraw from the contract.
• If the seller does not remove the defects within a reasonable period of time, or if he informs the buyer that he will not remove the defects, or if he refuses to remove the defect, the buyer may demand a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract. The choice made cannot be changed by the buyer without the consent of the seller.
• The buyer cannot withdraw from the contract or demand the delivery of a new item if he cannot return the item in the condition in which he received it.
• The right of defective performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer himself caused the defect.
• If the item has a defect for which the seller is liable, and if it is an item sold at a lower price or a used item, the buyer has the right to a reasonable discount instead of the right to exchange the item.

Article 7 – Reoccurrence of defects

• The customer has the right to the delivery of a new item, the replacement of a part, a reasonable discount on the price of the item, or withdrawal from the contract, even if he cannot properly use the item due to the reappearance of a defect after repair or due to a larger number of defects.
• Reoccurrence of a defect after repair only occurs if the same defect, which has already been removed at least twice during the warranty period, occurs again.
• This is not the case if, after the previous repair, the item shows a defect other than the one complained of so far. The item suffers from a greater number of defects if it has at least three removable defects at the time of the claim.

Article 8 - Cooperation of the customer

• The customer is obliged to provide the seller, or the authorized service, immediately all cooperation to verify the existence of the claimed defect and to eliminate it (including the corresponding necessary testing or dismantling of the product). In particular, the customer is obliged to hand over the product clean in accordance with hygiene regulations or general hygiene principles, including all its components and accessories, enabling such verification and removal of the defect.
• The customer is obliged to hand over the product to the seller, or authorized service, complete. In the event that the product is not delivered complete and if the completeness of the product is necessary to establish the existence of the claimed defect and/or to eliminate it, the period for processing the claim begins only with the delivery of the missing components.

Article 9 – Collection of goods from warranty repair

• The customer is obliged to pick up the goods from the warranty repair no later than 1 month from the expiry of the period when the warranty repair was to be carried out and, if it was carried out later, within 1 month from the notification of its execution. If he does not do so, he is obliged to pay the seller a storage fee of CZK 50 for each day of delay in picking up the repaired goods.
• If the buyer does not pick up the goods from the settled claim within 6 months from the day he was informed about the settlement, Líbi Elektro reserves the right to sell the goods and use the proceeds to pay the storage fee.

Article 10 – Out-of-court settlement of consumer disputes

• The 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.