Business conditions for purchase contracts concluded at a distance through the e - shop www.libielektro.cz (text as of 01.11.2019)
Business conditions for purchase contracts (wording as of 01.11.2019)
Líbi Elektro sro with its registered office at Na Folimance 2155/15, registered C 311854 kept at the Municipal Court in Prague IČO: 08029784, DIČ: CZ08029784
Bank connection: 1756987022/5500 account is kept at Raiffeisen Bank, IBAN: CZ0555000000001756987022, BIC: RZBCCZPP
delivery address: Korytná 1538/4, Praha 10, 100 00 Czech Republic
e-mail address: firstname.lastname@example.org
phone number: +420 721094301
1. Business conditions and contracting parties
- 1.1 These terms and conditions govern the rights and obligations between the seller and the buyer when purchasing through 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 sro with its registered office at Na Folimance 2155/15, registered C 311854, kept at the Municipal Court in Prague ID: 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, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with Electro World sro or otherwise deals with it.
- b) b) An entrepreneur according to § 420 of the Civil Code is a person who independently performs on his own account and responsibility a gainful activity in a trade license or similar manner with the intention to do so systematically for the purpose of making a profit. For the purposes of consumer protection, any person who concludes contracts related to his own business, production or similar activity or in the independent performance of his profession, or a person who acts in the name or on behalf of an entrepreneur, is also considered an entrepreneur.
2. Procedure for concluding a purchase contract
- 2.1 The buyer chooses the goods in the online catalog.
- 2.2 When ordering, the buyer fills in the order form, stating whether he is shopping as a consumer (fill in name, surname, address, telephone and e-mail) or as an entrepreneur (fill in company name, address, ID number, VAT number). The buyer is obliged to state 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 confirms the order in a binding manner, he has the right to check and change all the data specified in the order in order to identify and correct errors made when placing the order.
- 2.5 After sending the order, the buyer will immediately receive a confirmation of receipt of the order and in the case of ordering the delivery of goods to the place of delivery and payment by cash on delivery or card also information about the delivery date.
- 2.6 The buyer can cancel the order no later than one day before the dispatch 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 advertising, catalog or display of goods is an offer subject to depletion of stocks or loss of ability of the entrepreneur to perform (§ 1732 para. 2 of the Civil Code). This means that in the event that the stock of goods offered by the seller is sold out, sending the order by the buyer will not conclude a contract with the seller and the seller is not obliged to deliver the ordered goods to the buyer. The seller shall immediately inform the buyer of this situation and propose an alternative solution.
- 2.8 The buyer's order is stored as a concluded purchase contract with the seller and is not accessible to other entities except the seller.
- 2.9 The Contract is concluded in the Czech language.
- 2.10 Information on 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 amendments or deviations stated in the acceptance of the offer, ie in particular any additions or deviations from the offer published by the Seller in the online catalog specified in the order sent by the buyer.
- 3.1 The current price of the goods always corresponds to the price stated 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 price already includes a fee for the disposal of electrical waste. However, the stated prices do not include transport costs, possibly cash on 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 or cash on delivery 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) shall be borne by the buyer himself, and these shall not differ from the basic rate.
4. Method of payment
- 4.1 The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:
- a) payment in advance through the payment gateways of selected banks or by bank transfer or direct deposit with Reiffeisen Bank to the seller's bank account 1756987022 / 5500If the buyer chooses to pay in advance, he is obliged to pay the price of the goods to the seller's account no later than 24 hours after order confirmation;
- b) cash on delivery, where the price will have to be paid to the delivery person upon receipt of the goods;
- c) in case of personal collection of goods 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 variable payment symbol stated 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 Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
5. Delivery method
- 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 cash on delivery is chosen. However, if the seller does not have the goods physically in his warehouses (about which he will inform the buyer) and orders it from the supplier only on the basis of the buyer's order, he undertakes to deliver the goods to the buyer no later than 10 weeks after payment of the price specified 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 is unenforceable (usually circumstances of force majeure); in that case, the procedure set out in the following paragraph shall apply.
- 5.2 If the above delivery time is unattainable for technical reasons, the seller undertakes to immediately inform the buyer and if no agreement is reached between the seller and the buyer on delivery of goods within the replacement period, on providing other goods of the same quality and price, or 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 impossibility of delivery, in the same manner as used to pay the price of the goods to the buyer, unless the seller and buyer agree otherwise.
- 5.3 The seller undertakes to deliver the goods to the buyer to the address in the Czech Republic, which the buyer states 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 delivery of the goods.
- 5.5 In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the buyer is obliged to reimburse the seller the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
6. Personal collection
- 6.1 Personal collection at any of the seller's premises can be chosen by the buyer only in the case of physical availability of the ordered goods in the given establishment. In case of unavailability of 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 price paid (deposit) in full within 14 days of the withdrawal taking effect, to the buyer's account or address.
- 6.2 Goods from the store (when purchasing goods when purchasing through the seller's website: www.libielektro.cz with the choice of personal collection of goods or when purchasing goods in the seller's store) the seller will deliver at the request of the buyer to the place of delivery specified by the buyer at the buyer's expense.
7. Acceptance of goods by the buyer
Upon receipt of the goods, the buyer is obliged to check the integrity of the packaging or protective adhesive tape with the Libi Elektro logo. Any defects found will be recorded by the buyer in the carrier's consignment note, in case of doubts about the integrity of the goods, the buyer will not accept the shipment. By signing the consignment note, the buyer confirms that the consignment was delivered in order and subsequent claims for packaging damage will no longer be taken into account.
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.
According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
9. Defective rights and warranty conditions
The rights arising to the buyer from defective performance and warranty conditions are governed by applicable law (especially § 2165 et seq. Of Act No. 89/2012 Coll. - Civil Code) and the applicable Complaints Procedure of Líbi Elektro, the text of which is available, inter alia, at www. libielektro.cz.
The warranty period for new and unused goods is 24 months. The warranty period for goods showing cosmetic defects that do not affect the function, for goods unpacked, without the original packaging, demonstration is a warranty period of 12 months. The seller is obliged to state for each individual product what type of goods it is in terms of the length of the warranty period. For used goods then 6 months. Or depending on the type of product for its life.
10. Withdrawal from the contract by the consumer
- 10.1 In accordance with § 1829 paragraph 1 of Act No. 89/2012 Coll., The 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 referred to in the first sentence shall run from the date of acceptance of the goods, in the case of a contract having as its object several types of goods or delivery of several parts, this period shall run from the date of taking over the last delivery of goods or delivery of goods, from the date of receipt of the first delivery of goods.
- 10.2 The consumer may deliver the notice of withdrawal by e-mail to email@example.com, preferably by telephone to the telephone number of the customer line 721094301 or at 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 within 14 days from the delivery of the withdrawal from the contract to the seller, the goods received from the seller, at his own expense, even if the goods cannot be returned for their nature by ordinary mail.
- 10.4 The consumer may send or hand over the purchased goods either to any Líbi Elektro establishment or to an address provided by the seller upon receipt of the notice of withdrawal. Goods sent to the seller cash on delivery will not be accepted by the seller. The returned goods must be in the condition in which they were when taken over by the consumer, including all documentation (warranty card, 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 shall return to him without undue delay, no later than fourteen days after withdrawal from the contract, all funds received from him under the contract, including the cost of delivery of goods (except for additional costs incurred as a result). that the consumer has chosen a method of delivery other than the cheapest standard delivery offered by the seller), in the same way as the seller has received from the buyer, unless they agree otherwise.
- 10.7 If the consumer withdraws from the contract, the seller is not obliged to return the money received to the consumer before the consumer hands over the goods or proves that he 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 the goods in a different way than is necessary with regard to their nature and properties. Which means getting acquainted with the nature of the goods in the same way as in a regular stone shop.
- for example, after the notice of withdrawal from the contract of purchase does not use, modify or otherwise degrade the goods.
- 10.9 In the event that the value of the goods is reduced to a greater extent than stated in the previous sentence, the seller is entitled to set off his right to compensation for the reduction in the value of the returned goods against the returned purchase price; (pollution, damage, intervention in the construction and others), however, he is obliged to prove the amount of this compensation.
- 10.10 If gifts are provided by the seller with the purchased goods, the gift contract between the seller and the buyer is concluded on condition that if the consumer's right to withdraw from the purchase contract is exercised, the gift contract expires and the consumer is obliged to return together with the returned goods and related provided gifts including everything he enriched. If these are not returned, these values will be understood as unjust enrichment of the consumer. If the issue of the object of unjust enrichment is not well possible, the seller is entitled 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 have been fulfilled with his prior express consent before the expiry of the withdrawal period and the seller has informed the consumer before concluding the contract that in such a case he has no right to withdraw from the contract,
- b) the supply of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the seller and which may occur during the period for withdrawal from the contract,
- c) the supply of alcoholic beverages, which may be delivered only 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 which have been adjusted according to the wishes of the consumer or for his person,
- e) the delivery of perishable goods, as well as goods which have been irretrievably mixed with other goods after delivery,
- (f) repair or maintenance carried out at a place designated by the consumer at his request; however, this does not apply in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested,
- g) on the delivery of goods in a closed package, which the consumer has removed from the package and for hygienic reasons it is not possible to return (eg razors, epilators and other items intended for personal hygiene and beautification, etc.),
- h) on the delivery of an audio or video recording or a computer program, if he has broken their original packaging,
- i) the supply of newspapers, periodicals or magazines,
- j) on accommodation, transport, meals or the use of free time, if the seller provides these services within the specified period,
- (k) o concluded on the basis of a public auction in accordance with the law governing public auctions, or
- l) on the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the consumer before the expiry of the withdrawal period and the seller informed the consumer before concluding the contract that in such a case he has no right of withdrawal. 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 tangible medium, the consumer has no 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 mainly due to the currently 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 with him on a possible solution. 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 case of obvious error in the price of goods (which means in particular the situation where the price of the ordered goods is lower by more than 30 % than usual for this type of goods) and other obvious typographical errors. In the event that this situation occurs, the seller will immediately contact the buyer to agree on further 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 as soon as possible.
12. Personal data
- 12.1 Information concerning the protection of personal data in the context of new legislation on the protection of personal data - Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95 / 46 / EC (General Regulation on Personal Data Protection) (hereinafter referred to as “GDPR”) - and by introducing measures to ensure compliance of the Seller's procedures with GDPR and related legal regulations governing personal data protection (eg Act No. 101/2000 Coll., on the protection of personal data), the buyer can find at www.libielektro.cz
13. Take-back of electrical waste
- 13.1 The Seller takes back electrical waste from its customers in all establishments.
- 13.2 Take-back is in limited quantities in a "piece by piece" manner. For example, when buying a refrigerator, you can return the refrigerator, etc.
14. Confirmation of consent with the GTC and the Complaints Procedure
When confirming each order of goods from the online store, the buyer confirms that he has read and that he agrees with these general terms and conditions and the complaint procedure of the company | Líbi Elektro
15. Additional information
- 15.1 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: http://www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract.
- 15.2 The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.
- 15.3 The European Consumer Center of the Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of on 21 May 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
- 15.4 The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.