1. Basic provisions and contracting parties

Online shop Thermo is a specialized online shop focusing on heating technology and is operated by Líbi Elektro s.r.o.

Líbi Termo is the trading name of the online shop. The seller, operator of the online shop, and contractual partner of the buyer is Líbi Elektro s.r.o.

Líbi Thermo – powered by Líbi Elektro

Libi Elektro s.r.o.
with headquarters in Na Folimance 2155/15, Vinohrady, 120 00 Prague 2
ID: 08029784
VAT identification number: CZ08029784
registered in the Commercial Register of the Prague City Court, file number C 311854

Contact address: Korytná 1538/4, 100 00 Prague 10
E-mail: [email protected]
Telephone: +420 721 094 301

hereinafter referred to as “Salesperson”.

The buyer can be a consumer or a businessperson.

consumer

A consumer is a natural person who, when concluding and fulfilling a purchase contract, is not acting within the scope of their commercial or independent professional activity.

businessman

A commercial buyer is a person who, when concluding a purchase agreement, acts within the scope of their commercial activity or their independent profession.

The provisions of these General Terms and Conditions, which expressly grant rights to consumers, do not apply to the business buyer.

Where the term “buyer” is used in these terms and conditions without further distinction, it refers to both a consumer and an entrepreneur, unless the nature of the respective provision clearly indicates otherwise.

2. Conclusion of a purchase agreement and order

Product presentation in the online shop Thermo The information provided is for informational purposes only and does not in itself constitute an unconditional obligation on the part of the seller to conclude a purchase agreement for the goods on display.

The buyer places an order via the order form of the online shop.

Before submitting the order, the buyer has the opportunity to check and edit the entered data, in particular the selected goods, their quantity, billing and delivery details, shipping method and payment method.

By submitting the order, the buyer confirms that he has familiarized himself with the information about the ordered goods, their price, the chosen shipping and payment method, and these terms and conditions.

Order as a proposal for the conclusion of a contract

The submitted order constitutes the buyer’s proposal to conclude a purchase agreement.

An automated message confirming that the order has been accepted through the online shop system. does not in itself constitute acceptance of an offer to conclude a purchase agreement.unless the content explicitly states otherwise.

The purchase agreement only comes into effect when the seller expressly accepts the order and informs the buyer of this, for example by means of an order confirmation or other clear confirmation of his acceptance.

The seller confirms receipt of the order to the consumer electronically and provides him with the legally required information and the terms and conditions in text form.

Check an order before accepting it

Before accepting the order, the seller is entitled to check its accuracy and the availability of the ordered goods and, if necessary, to contact the buyer to verify or clarify the information provided in the order.

This could be particularly important for the following:

• bulky or heavy goods,
• Foreign orders,
• Goods with multiple technical variants
• Products that require special installation conditions,
• Goods that are manufactured or modified to order,
• or orders where shipping, availability or technical implementation must be individually confirmed.

The seller’s verification of the order parameters does not release the buyer from responsibility for the accuracy of the data and variants selected in the order.

This is important for you, for example, if you have a stove. with/without inverterBy contacting the customer as a precaution, you are not transferring responsibility for making the right decision to them as their technical advisor.

Option to reject an order before concluding a contract.

The seller may not accept the order before the conclusion of the purchase agreement, especially if:

• The ordered goods are no longer available.
• The manufacturer or supplier has stopped production or deliveries.
• Delivery of the order under the stated conditions is not possible.
• There is an obvious technical or administrative error in the product information, price, or availability.
• It is not possible to provide the necessary means of transport to the selected location.
• or the buyer does not provide the data required for the proper processing of the order.

If the buyer has already paid the price or part thereof before acceptance of the order and the purchase agreement subsequently does not come into effect, the amount received will be refunded in the same way in which it was received, unless otherwise agreed.

Obviously incorrect price

The seller is not obliged to accept the order if the goods are unavailable due to… Obvious technical, systemic or administrative errors; a price was quoted which the buyer knew, or could reasonably have known under the circumstances, to be obviously incorrect..

This could, for example, involve a price that clearly does not correspond to the normal value of the product, such as due to a missing digit, an incorrect decimal point, or another obvious error.

As soon as the seller discovers such an error, he will inform the buyer and, if necessary, offer to conclude a contract at the correct price.

3. Goods, technical data and responsibility for the correct selection

Information about the goods listed in the online shop Thermo They are primarily based on manufacturer specifications, technical documentation, catalog data and other information available to the seller.

The seller takes reasonable precautions to ensure that the information about the goods offered is correct, up-to-date and understandable.

Before submitting the order, the buyer is obliged to pay particular attention to the following: specific product name, its variant and technical parameterswhich are essential for the intended purpose.

Selection of a specific product variant

If the product is offered in several variants, versions or configurations, the buyer is responsible for the correctness of the variant selected when ordering, provided that the information provided by the seller corresponds to the actual characteristics of the product.

This applies in particular to the election:

• Version with or without hot water exchanger
• Product performance
• Dimensions
• Diameter and location of the smoke vent,
• Connection method
• Fuel type,
• Color or material design,
• Orientation, page layout, or other design variations,
• Accessories and additional equipment,
• or other parameters specified for a particular product.

The fact that the buyer, after receiving the goods, finds that he would have needed a different design, a different performance, different dimensions or a different technical variant does not constitute a defect of the product, provided that the delivered goods correspond to the ordered variant and the data specified in the offer.

Please check suitability before ordering.

If the buyer has any doubts about the suitability of a particular product, we recommend checking the technical parameters before submitting the order.

For products intended for installation, the buyer is obliged to consider the conditions at the installation site before ordering, in particular the dimensional possibilities, the parameters of the exhaust path, the required power, the combustion air supply, the type of connection and other technical conditions that may affect the suitability of the product.

The seller is not responsible for the buyer’s incorrect product selection based on faulty, incomplete, or inaccurate information provided by the buyer to the seller.

Technical advice

The information and recommendations provided by the seller based on the data supplied by the buyer are based on the information available to the seller at that time.

If the suitability of the product depends on a professional assessment of the specific design, the exhaust path, the heating system, the building’s performance requirements, or other technical conditions, Normal business communication does not replace professional planning, calculation, review or evaluation by a person with the appropriate professional qualifications..

The seller is only responsible for the suitability of the product for the buyer’s specific purpose if the buyer has communicated this specific purpose to the seller before the conclusion of the contract and the seller has confirmed the suitability of the product for this purpose. expressly agreed.

Dimensions, technical specifications and tolerances

The technical specifications and dimensions of the products are given according to the manufacturer’s information or the technical documentation.

If the manufacturer specifies manufacturing or measurement tolerances, the actual values of the product are determined taking these tolerances into account.

Minor deviations that are due to manufacturing tolerances, the material used or the production technology and that do not affect the safety, functionality or agreed properties of the product, are not a deficiency in themselves..

Changes to the technical design by the manufacturer

Manufacturers may make technical, structural, material or optical changes to products during production, or alter some of their parameters, markings, components or accessories, even without notifying the seller beforehand.

The seller continuously updates the information provided in the online shop based on the documents provided by the manufacturer.

If, before accepting the order, the seller discovers that the manufacturer has changed a significant parameter of the ordered product compared to the data specified in the offer, he is entitled to inform the buyer of this change and to ask for confirmation as to whether he is still interested in the modified version.

The seller is not obliged to supply a product with a parameter or in a version that the manufacturer no longer produces or supplies, unless the purchase contract has not yet been concluded.

If the purchase agreement has already been concluded, a significant change to the agreed parameters cannot be replaced by a different version without the buyer’s consent if the delivered goods then do not correspond to the agreed description or the agreed characteristics.

Depending on the type of product, the following changes may be considered significant:

• Dimensions
• Perfomance,
• Diameter or location of the smoke vent,
• Connection method
• Structural design,
• the presence or absence of a hot water heat exchanger,
• or other modifications that affect the installation, compatibility, or intended use of the product.

Photos and visual presentation of the products

The photos, visualizations and other visual materials listed in the online shop are for illustrative purposes only and primarily represent the product visually.

The following factors are particularly crucial for determining the specific order version: Product name, production or product code, variant chosen by the buyer, technical parameters and written scope of delivery.

The photos may show the product in a different environment, with accessories, fittings, flue pipe, base, cladding or other elements. may not be included in the scope of deliveryUnless explicitly stated otherwise in a specific offer.

For products that are manufactured in several variations, photos of identical or similar versions can be used for a joint presentation. The buyer is therefore obliged to base his selection primarily on the name and parameters of the ordered variant and not just on the photo.

The color reproduction of the product in the photo or on the screen may vary depending on lighting, shooting method, display device settings, production batch or properties of the material used.

With natural and handmade materials, especially stone, ceramics, tiles, wood or similar surfaces, differences in pattern, structure, color tone or small details of individual pieces are common.

Such natural variations do not constitute a defect, provided that the product corresponds to the ordered type, variant, declared properties and the nature of the material used.

If it is explicitly stated for a particular product that the photo shows the exact version ordered, this specific designation will be used before the general information about the illustrative nature of the photos.

Price of goods and payment terms

Prices of the goods listed in the online shop Thermo The prices quoted are final prices including applicable taxes, unless expressly stated otherwise for a specific offer.

Depending on the chosen shipping method, shipping, packaging or other delivery-related costs may be added to the price of the goods; the buyer will be informed of the amount of these costs before the order is sent.

Shipping costs are not included in the price of the goods unless a specific offer explicitly states that shipping is included in the price or free of charge.

The total price of the order will be displayed or communicated to the buyer before the conclusion of the purchase agreement.

Payment methods

The buyer can pay the price of the order using any of the payment methods available in the online shop for the respective order.

The available payment methods may vary depending on the order value, type, dimensions and weight of the goods, shipping method, country of delivery or other circumstances of the respective order.

The seller is not obliged to offer all payment methods for every order.

Payment upon delivery

Cash on delivery is only possible for orders where the online shop or the seller allows it.

For orders with a merchandise value exceeding 100 000 CZK including VAT, payment upon delivery is not possible. Such an order must be paid in advance, or in another manner individually agreed upon with the seller.

The seller may also demand prepayment for orders of lower value if this is justified in particular by the type, size or weight of the goods, transport on pallets or individually organized, a special order with the manufacturer or supplier or other circumstances of the respective order.

If the buyer has refused to accept a cash-on-delivery shipment in the past without a valid reason, the seller can require this for their next order. prepayment.

International orders

Orders with a delivery address outside the Czech Republic must be paid in advance.

The seller is only entitled to begin shipping a foreign order once the entire required amount has been credited to their account or the successful payment via the chosen payment system has been confirmed.

If, due to the dimensions, weight, type of shipment, or specific delivery location, an individual review of the price for international transport is required, the amount will be communicated to the buyer before the seller accepts the order.

Payment via bank transfer

When paying by bank transfer, the buyer is obliged to pay the total amount according to the payment details provided by the seller.

The time of payment is the time at which the corresponding amount is credited to the seller’s account, not the time at which the buyer issues the payment order.

The buyer is obliged to provide correct payment and identification details, in particular the variable symbol or other information requested by the seller.

If a payment cannot be matched to an order due to incorrect or incomplete information, processing may be delayed.

Unpaid order

In the case of payment by prepayment, the seller is not obliged to ship the goods, order them from the manufacturer or supplier, or begin any individual modifications or production before the required amount has been credited, unless the parties expressly agree otherwise.

If the buyer does not pay the price within the period set by the seller or within the period communicated by the seller, the seller may demand payment from the buyer or refuse the order if the purchase contract has not yet been concluded.

An order with prepayment does not automatically mean that the seller has to reserve the goods indefinitely without payment.

Payment by card or via a payment portal

When paying via a payment portal or other payment service provider, the buyer is also subject to the terms and conditions of the respective provider.

The seller is not liable for technical malfunctions, payment refusals or other problems caused by the buyer’s bank or payment service provider, unless the seller has caused them.

The payment is considered complete once the seller receives confirmation of successful execution or the corresponding amount is credited to their account.

Advances and special orders

For goods that are manufactured, ordered or modified according to the buyer’s specifications, for non-standard technical variants, for goods that are individually ordered from the manufacturer or supplier, or for orders of higher value, the seller may demand Payment of a deposit or the entire purchase price in advance.

The amount of the deposit, its due date and the conditions of its settlement will be communicated to the buyer before payment.

Obvious pricing error

If the price of the goods is clearly incorrect due to a technical, system-related, administrative or other obvious error, the provisions of these General Terms and Conditions governing the conclusion of the purchase contract, as well as the clearly incorrect price, shall apply.

Proof of payment and tax document

The seller shall issue a document to the buyer to the extent required by law.

The buyer can be sent a tax or sales receipt. in electronic form to the email address specified in the order..

5. Delivery terms, transport and goods receipt

The goods will be delivered to the buyer in the manner agreed upon in the order and confirmed by the seller, and at the agreed location.

The available shipping methods, their scope and price may vary depending on the type, dimensions and weight of the goods, delivery location, delivery country and other circumstances of the respective order.

The buyer is obliged to specify this when placing the order. Complete and accurate data is required for delivery.in particular the full delivery address, name or designation of the recipient, working telephone number and e-mail address.

Delivery date

If a specific delivery date or delivery period is expressly agreed upon between the seller and the buyer, this agreement applies.

Unless a specific delivery date has been expressly agreed, the goods will be delivered to the consumer without delay, taking into account their availability, their nature and the chosen mode of transport, at the latest by the legally prescribed delivery date.

Data such as “in stock”, “at the supplier”, “usually ready for dispatch”, “estimated delivery time” or similar information is based on data available to the seller at the time of publication.

Unless a fixed delivery date is expressly confirmed, the delivery date is an estimated date which may be affected in particular by the availability of the manufacturer or supplier, transport or other circumstances over which the seller has no direct control.

Should the seller determine that the originally expected delivery date cannot be met, he will inform the buyer immediately.

Oversized, heavy, and palletized shipments

Stoves, ranges, fireplace inserts and other heavy or bulky items can be transported as palletized, oversized or otherwise specially handled shipments.

Unless expressly stated otherwise for a particular means of transport, standard transport includes the following: Transport and unloading of the shipment only within the scope of the agreed transport service.

Standard transport itself does not include, in particular:

• to bring or transport the product into a house, apartment or business premises,
• Climb stairs
• Transport of the product to the future installation site,
• Manipulation through narrow doors, corridors or other obstacles in the building,
• Dismantling of doors or other parts of the building,
• Product assembly,
• Connection to exhaust system, heating system, electricity, gas or other medium
• professional installation or connection
• Product commissioning
• Operator training,
• Cleaning the installation site
• including the removal of the packaging material,

if one or more of these services were not included in a particular order expressly agreed.

The actual scope of transport always depends on the service agreed for a specific order and not on the buyer’s assumption of what additional work might be associated with the delivery of the product.

unloading location and delivery security

Delivery of heavy or palletized shipments is only possible at a location suitable for the type of vehicle used, the dimensions and weight of the shipment. safe and technically accessible.

The driver or freight forwarder is entitled to assess, taking into account the actual conditions on site, whether it is possible to drive safely to the desired destination, to stop, to maneuver the vehicle and to unload the cargo.

If the carrier considers the desired arrival, maneuvering or unloading location to be dangerous or technically unsuitable, in particular due to the condition of the road, insufficient width or height, steep gradient, insufficient loading capacity, unpaved surface, snow, ice, lack of maneuvering space, traffic restrictions or other objective obstacles, The driver is not obliged to perform any maneuver or unloading in a manner he considers dangerous..

Provided the nature of the shipment and the transport conditions allow, the shipment can be unloaded at the location agreed with the buyer. the nearest safe and reasonably accessible place.

If safe delivery or unloading is not possible at all, further measures will be agreed upon with the buyer.

The buyer’s obligation to provide information about the conditions at the delivery location.

The buyer is obliged to inform the seller before placing the order of any circumstances that could have a significant impact on the possibility of delivering a large or pallet shipment.

This mainly includes a prohibition or restriction on the entry of trucks, narrow or unpaved roads, steep slopes, limited load-bearing capacity of the road or bridge, low or narrow passages, pedestrian zones, restricted areas, construction sites, complicated access routes or lack of space to stop and unload safely.

Ordering transport alone does not guarantee that the vehicle can reach the front door, garage, business premises or any other location requested by the buyer if local conditions do not permit this for safety or technical reasons.

If the buyer fails to inform the seller in advance of such a circumstance and additional transport costs are incurred as a result, these costs can be claimed by the buyer to the extent that they were actually incurred, reasonable and legally enforceable.

Transport is not installation

If the installation or other additional services were not provided expressly ordered and confirmedThe subject of the ordered transport is exclusively the delivery of goods within the framework of the selected mode of transport.

The buyer cannot therefore derive any claim from the order of transport itself for free delivery, conversion, on-site handling, assembly, cabling, connection to the exhaust pipe or heating system, professional installation, commissioning of the product, training or other work that goes beyond the scope of the agreed transport service.

Buyer’s cooperation during delivery

The buyer is obliged to provide the seller and the freight forwarder with the necessary reasonable assistance for the proper delivery of the shipment.

The buyer is particularly obliged to ensure that the data provided for delivery is correct and usable, and that he is reasonably reachable at the specified contact details at the time of delivery by the carrier.

The buyer is also obliged to respond to calls regarding the provision of the address, the arrangement of a delivery date or other information necessary for the delivery of the shipment.

If the buyer fails to provide the necessary cooperation, The seller shall not bear the loss of time caused by the buyer’s lack of cooperation insofar as the seller would not be able to properly fulfill his contractual obligations without the buyer’s cooperation..

Incomplete or incorrect delivery information

If the shipment cannot be sent or delivered due to an incomplete, incorrect or unusable address, a non-functioning telephone contact or other incorrect or missing data provided by the buyer, the seller may request the buyer to supplement or correct this information.

Shipping may be delayed until the necessary information is available.

The seller is not obliged to repeatedly organize transport at their own expense if the transport failed due to incorrect or incomplete information provided by the buyer.

Failed delivery and additional costs

If the shipment cannot be delivered for reasons attributable to the buyer, such as unavailability, failure to answer calls from the carrier or seller, incomplete or incorrect address, absence at the agreed time or lack of cooperation, additional shipping costs may be incurred.

These additional costs may include, in particular, the following:

• repeated delivery attempt
• second or subsequent delivery
• Shipment storage,
• Change of delivery date or location,
• the carrier’s futile journey
• return the shipment to the seller,
• The program will be rebroadcast.
• or other actual costs directly related to the failed delivery.

If these costs arise due to circumstances attributable to the buyer, the seller may demand reimbursement to the extent that they were actually incurred, reasonable, and legally enforceable.

The seller may make another delivery attempt or resend the shipment, provided these additional costs have been paid beforehand.

This also applies to international orders that have already been paid in advance, including the original shipping costs. Payment of the original shipping costs does not automatically cover the costs of repeated delivery, storage, or other additional services incurred due to the buyer’s lack of cooperation.

Refusal to accept the shipment

The buyer is obliged to accept the ordered and properly delivered goods, unless there is a legitimate reason for refusing acceptance.

Refusal to accept the shipment does not constitute a cancellation of the purchase contract.

If the consumer wishes to exercise their statutory right of withdrawal, they must clearly inform the seller of their decision to withdraw from the contract.

If the buyer refuses to accept the shipment without a valid reason and the seller incurs actual and reasonable costs as a result, the seller may demand reimbursement of these costs, provided that the legal requirements for such a claim are met.

This provision prevents the seller from imposing a flat-rate penalty on the consumer if the consumer refuses to accept the shipment.

Repeatedly uncollected orders

If the buyer has refused to accept a cash-on-delivery shipment in the past without a valid reason, the seller can require this for their next order. Prepayment of the entire order amount.

This does not affect the seller’s possible right to claim damages for legally enforceable costs incurred in connection with a previous uncollected shipment.

Check the shipment upon receipt

We strongly recommend that the buyer check the condition of the shipping packaging upon receipt of the shipment and report any visible damage to the carrier.

If the shipment is obviously badly damaged, we recommend documenting the damage with photos before unpacking and, depending on the type of damage, accepting the shipment conditionally or refusing acceptance.

The detailed conditions regarding transport damage to the shipment are listed on the page. Complaints and returns.

While the failure to inspect or document damage upon receipt of goods does not fundamentally deprive the consumer of their legal rights, it can make it considerably more difficult for them to prove later that the damage occurred during transport.

Change of delivery location or date

After the order has been submitted, the delivery address, delivery date or other information related to shipping can only be changed if the order status and the capabilities of the shipping service provider still allow this.

If the change requested by the buyer results in additional shipping costs, these costs can be reclaimed from the buyer after prior notification.

The seller is not responsible for the impossibility of a change once the shipment has already been handed over to the carrier and the carrier does not allow the change for technical or operational reasons.

International Transport

For deliveries outside the Czech Republic, availability and shipping costs may vary depending on the country, exact address, dimensions, weight and type of shipment.

If an individual price check is required for shipping abroad, the buyer will be informed of this price before the seller accepts the order.

The seller is not obliged to accept an order to a location where, for objective reasons, it is not possible to deliver the goods safely, accessibly, or under the offered conditions.

For deliveries abroad, the buyer is obliged to pay particular attention to the accuracy of the address and contact details and to provide the forwarding agent with the necessary support in organizing and carrying out the delivery.

Additional costs arising from the buyer’s inability to be reached, an incorrect address, refusal to accept delivery, or any other lack of cooperation will be governed by the provisions of this article.

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6. Ownership, transfer of goods, transfer of risk and handling of goods after acceptance

Retention of title

The goods remain the property of the seller until the agreed purchase price has been paid in full.including other amounts that are part of the contract price according to the concluded contract.

If the goods are handed over to the buyer before full payment of the purchase price, the buyer acquires ownership rights only upon full payment, unless expressly agreed otherwise between the parties.

The retention of title does not affect the point in time at which the risk of accidental loss or accidental damage to the goods passes to the buyer.

Delivery of the goods to the consumer

If the buyer is a consumer and the transport is carried out in the manner offered by the seller, the goods are considered delivered at the moment they are delivered. The consumer or a third party designated by him, who is not the carrier, assumes the.

Until this point, the seller bears the risk of accidental damage to or loss of the goods.

If the consumer chooses a carrier that the seller has not offered, the time of handover and the transfer of the risk of damage is governed by the relevant legal provisions.

Handover of the goods to the entrepreneur

If the buyer is an entrepreneur, the time of delivery of the goods and the transfer of the risk of accidental loss are governed by the concluded contract, the agreed mode of transport and the relevant legal provisions.

Provided that the goods are to be shipped to the entrepreneur via a freight forwarder according to the contract and nothing else has been agreed, the delivery of the goods can be effected by handing them over to the freight forwarder for transport to the destination.

If special delivery conditions, in particular rules, have been agreed upon for a specific transaction IncotermsThese individual agreements take precedence.

Risk of damage after acceptance

After the risk of accidental damage has passed to the buyer, the risk of accidental damage, destruction or loss of the goods shall be borne by the buyer, unless the damage is caused by a circumstance for which the seller is responsible.

Damage occurring after receipt, in particular during onward transport, carrying, moving, handling, storage, assembly or installation organized by the buyer, is not covered. The seller does not accept responsibility for damage that occurred during transport..

This does not affect the buyer’s rights regarding defects or damage that already existed upon receipt of the product or for which the seller is liable under statutory provisions.

Own handling and transport after receipt

Upon receipt of the goods, the buyer is responsible for their safe further handling, relocation and transport.

For heavy and bulky products, especially ovens, stoves and fireplace inserts, it is necessary to choose a suitable handling method. Weight, dimensions and design of the product and use a sufficient number of people or suitable handling equipment.

Damage caused by the buyer during transport after receipt of the product, through dropping or tipping over, impacts, carrying, moving, use of unsuitable means of transport or other manipulations by the buyer, does not constitute a defect for which the seller is liable.

This also applies if the shipment is properly handed over by the freight forwarder at the agreed location and the buyer subsequently transports or relocates it to another location.

Check the shipment upon receipt

We strongly recommend that the buyer check the following, especially upon receipt: Condition of the carton, pallet, protective elements, fastening straps and other parts of the transport packaging.

If, upon receipt of the shipment, you notice any signs of a tear or significant dent in the packaging, deformation of the pallet, traces of a strong impact, tipping of the shipment, breakage of fastening elements or other visible damage, we recommend that you report this to the freight forwarder and the shipping service provider. accept subject to reservation.

It is also advisable to photographically document any damage before unpacking the shipment.

If the damage to the shipment is obviously serious and it can reasonably be assumed that the product itself is also damaged, the buyer may refuse acceptance.

The failure to note a reservation upon acceptance does not in itself deprive the consumer of his legal rights.

However, if damage to the shipping packaging was noticeable upon receipt and this was not noted or otherwise documented, this could be a reason for the complaint. This makes it significantly more difficult to prove afterwards whether the damage to the product occurred before the takeover or during further handling after the takeover..

The damage was only discovered after further processing.

If the buyer discovers damage to the product only after the shipment has been moved, transported, unpacked or otherwise manipulated upon receipt, the seller may request information and available documentation necessary to determine when and how the damage occurred in order to investigate the cause of the damage.

In assessing the damage, particular consideration may be given to the condition and nature of the damage to the product, the condition of the shipping packaging and pallet, photographs taken at the time of receipt, the freight forwarder’s records, the time elapsed between receipt and damage report, the nature of further transport and handling, and other related circumstances.

The mere presence of a damaged carton, damaged packaging or damaged pallet after the buyer has already taken possession of the shipment does not in itself prove that the product was damaged during transport provided by the seller.

This does not affect the buyer’s statutory rights in the event of a defect or damage that actually existed at the time of receipt.

Storage and protection of goods after receipt

Upon receipt, the buyer is obliged to treat the goods in accordance with their nature and to protect them from damage caused by external influences.

Ovens, stoves, fireplace inserts, metal products, their components and other products intended for installation must be stored. in a dry, suitable and safe environment.

By its very nature, the product must be protected in particular from rain, snow, leaks, excessive moisture, condensation, frost, chemical or corrosive substances, direct weather influences and mechanical damage.

If the manufacturer specifies special storage conditions, these must be followed.

Long-term storage in transport packaging

The transport packaging primarily serves to protect the product during transport and normal handling.

Leaving the product in its original shipping carton does not mean that the product can be stored for extended periods of time in any environment.

Unless expressly stated otherwise by the manufacturer, the standard shipping container is not intended for long-term storage of the product outdoors, in damp, unsecured or otherwise unsuitable environments.

The buyer is obliged to provide suitable storage conditions, even if the product is installed or used long after its delivery.

Corrosion, moisture and storage damage

Damage caused after receipt by improper storage, high humidity, condensation, leaks, weather conditions, chemical exposure or other circumstances on the part of the buyer. This is not a defect for which the seller is responsible..

This may include, in particular, subsequent corrosion of metal parts, damage to painted or otherwise surface-treated parts, moisture in linings or insulating materials, damage to electronic components, or other changes caused by the environment in which the product was stored after receipt.

Unpacking the goods later

We recommend the goods to the buyer upon receipt. Unpack and check in within a reasonable timeframe.especially if it is to be stored for a longer period of time before installation or use.

The fact that the goods are unpacked later does not in itself restrict the consumer’s legal rights in case of defective performance.

When assessing the cause of damage that is only determined after a longer period of time, the following aspects should be taken into account in particular: Duration and type of storage, condition of the shipping container, type of damage, storage environment and other circumstances to which the product was exposed after receipt.

Transport damage

If the buyer discovers damage that may have occurred during transport organized by the seller, he must proceed in accordance with section … . Complaints and returns – transport damage to goods.

The fact that the packaging showed no visible damage upon receipt does not in itself preclude the possibility of reporting hidden damage.

However, damage caused after receipt of the goods by onward transport, dropping, moving, handling, storage, installation or other circumstances on the part of the buyer is not considered damage that occurred during transport organized by the seller.

7. Installation, connection and commissioning of the product.

The buyer is obliged to ensure that the installation, connection, commissioning and subsequent use of the product comply with the applicable regulations. Manufacturer’s instructions, technical requirements of the respective product, applicable legal provisions and safety regulations.

Before installation, the buyer is obliged to familiarize himself with the product instructions and to check whether the conditions required for proper and safe operation are met at the installation site.

If the nature of the product, the manufacturer’s instructions, or legal regulations require professional assembly, connection, inspection, refurbishment, or other professional work, this work must be carried out by a person with appropriate professional qualifications.

The purchase of the product from the seller does not include its assembly, installation, connection or commissioning, unless such a service has been expressly ordered and confirmed by the seller.

Product inspection before installation

Before starting the installation, we recommend that the buyer check whether the product matches the ordered type and design and whether it has any obvious damage.

Should the buyer discover any damage or other circumstances prior to installation that could affect the safety or proper functioning of the product, it is recommended that the product be inspected and replaced. Do not install or put into operation and contact the seller.

The installation of an obviously damaged product does not affect the buyer’s statutory rights. However, when assessing consequential damages, it may be taken into account whether further handling, installation, or operation exacerbated the already known damage.

Stoves, ranges and fireplace inserts

Before connecting the device, it must be ensured that the installation location and the exhaust path meet the requirements of the respective device and enable safe and proper operation.

It is particularly necessary to take into account the parameters and draft of the exhaust path, the diameter and position of the exhaust pipe, the type of connection, the combustion air supply, safety distances to combustible materials, the properties and load-bearing capacity of the subsoil, and other requirements specified by the manufacturer.

The fact that a product can be physically connected to an existing chimney does not mean that a particular exhaust path is technically suitable for the device.

In legally defined cases, a corresponding inspection must be carried out or Inspection of the exhaust system by an authorized person.

The buyer is responsible for ensuring a suitable exhaust path and suitable exhaust conditions at the installation site, unless its planning, inspection or modification was expressly part of the service agreed with the seller.

Combustion air supply and conditions in the building

For the device to operate properly, a sufficient supply of combustion air and compliance with other operating conditions required by the manufacturer must be ensured.

The function of the device may be impaired in particular by a lack of combustion air, negative pressure in the building, operation of the extractor hood, forced ventilation, heat recovery or other devices, unsuitable parameters of the exhaust gas path, leaks or other design and operating conditions.

The ingress of smoke into the room, ignition problems, insufficient airflow or other malfunctions are not in themselves proof of a defect in the device.if they can be caused by the conditions of the exhaust path, the object, the plant or the operating mode.

Products with hot water exchanger

For ovens, stoves, fireplace inserts and other products with hot water heat exchangers, the connection must comply with the manufacturer’s instructions and the technical requirements of the respective heating system.

Depending on the design of the product and the system, suitable safety features, the correct operating pressure, sufficient circulation of the heating medium, protection against overheating, suitable expansion devices and other elements required by the manufacturer or the technical solution of the system must be ensured.

The product must not be operated contrary to the manufacturer’s instructions, in particular not in a manner that does not guarantee the correct connection and function of the heat exchanger or the prescribed safety features.

Damage to the product or heat exchanger, caused in particular by incorrect connection, insufficient circulation, overheating, excessive pressure, freezing of the heating medium, operation without the required amount of heating medium or a defective or missing safety element, does not constitute a product defect for which the seller is liable, provided there is a causal link between these circumstances and the resulting damage.

Product interventions and modifications

The buyer must not make any changes or modifications to the product that contradict the manufacturer’s instructions or that could impair the safety, functionality, or approved technical characteristics of the product.

This applies in particular to unauthorized modifications to the structure, combustion chamber, heat exchanger, control system, electronics, safety elements, air supply or exhaust system.

When assessing a defect, the use of non-original or unsuitable parts and accessories may be taken into account, provided that a connection with the occurrence of the defect is possible.

If a particular defect or damage is caused by improper installation, incorrect wiring, unauthorized modifications or other interventions after receipt of the product, it is not a defect for which the seller is liable.

The fact that the buyer acted on their own initiative does not automatically lead to the loss of their legal rights. The decisive factor is the nature of the action and its connection to the alleged defect.

Installation documentation and troubleshooting

If the reported defect could be related to the installation, connection, exhaust system, heating system or other operating conditions, the seller may require that he Adequate documentation is required to determine the cause of the defect..

Depending on the specific circumstances of each case, this may include the following:

• Photos of the product, its installation and connection,
• Data on the exhaust path and connection method,
• a report on the inspection or overhaul of the exhaust system, if this is relevant to the case.
• Documentation or circuit diagram of the heating system,
• Installation, service or handover protocol, if issued,
• Identification of the person or company that carried out the installation or connection,
• Data relating to settings, operating pressure or other parameters related to the alleged defect.

The seller only requests documents that may be relevant for assessing the alleged defect, given the nature of the defect.

If necessary for a proper assessment of the complaint, the seller may, where required, verify the authenticity or content of the submitted installation, service or inspection document with the person or company that issued it.

The buyer is obliged to cooperate appropriately in order to determine the cause of the defect.

Initial setup and use of the product

The buyer is obliged to follow the manufacturer’s instructions during initial setup and subsequent use.

This applies in particular to the type of initial ignition, the permissible type and quantity of fuel, the combustion control, the maximum operating load, cleaning and regular maintenance.

Some products may exhibit phenomena related to the heating and hardening of the materials used or surface treatments during the initial flooding, provided the manufacturer indicates such a characteristic.

Overheating of the product, the use of unauthorized fuels, the burning of waste, operation contrary to instructions, neglect of prescribed maintenance, or any other improper use shall not constitute a defect of the product if these actions caused the claimed problem or damage.

Installation is provided by the seller.

If the buyer also expressly orders assembly, installation, connection or other professional services from the seller and the seller accepts these services, their scope is determined by the respective order or a separate contract.

If the faulty installation was carried out by the seller or by a person for whose actions the seller is legally responsible, this installation cannot be attributed to the buyer.

Likewise, the buyer’s rights remain unaffected if the faulty installation was caused by the following: faulty or incorrect installation instructionsfor which the seller is legally responsible

8. Cancellation of the contract and return of the goods by the consumer

The consumer’s right to withdraw from the contract

If the buyer is a consumer and the purchase contract was concluded via an online shop or other distance selling method, the consumer has the right to withdraw from the contract within 14 days without giving any reasonUnless a case is listed below in which the legal regulations exclude the right of withdrawal.

The cancellation period for the purchase contract usually begins on the day on which the consumer or a third party designated by him, who is not the carrier, takes possession of the goods.

If an order includes several items that are delivered separately, or if the goods are delivered in partial quantities, the start of the period is governed by the relevant legal provisions.

How to withdraw from a contract

The consumer must notify the seller within the cancellation period. to announce clearlythat he withdraws from a specific contract.

Payments can be sent electronically to the following address:

[email protected]

or in writing to the seller’s contact address.

The consumer may use the model withdrawal form, but its use is not mandatory.

To comply with the deadline, it is sufficient if the consumer sends the notice of cancellation before its expiry.

Refusal to accept the shipment, failure to collect it, or refusal to communicate with the carrier does not in itself constitute a withdrawal from the contract.

Return of goods after cancellation

If the consumer withdraws from the contract, he is obliged to send or hand over the goods to the seller immediately, but no later than [Datum einfügen]. within 14 days from the date of withdrawal from the contractunless the parties agree otherwise.

For heavy, bulky or palletized goods, we recommend contacting the seller before shipping to agree on a suitable return method and return location.

This recommendation is not a prerequisite for the effectiveness of the withdrawal from the contract.

Costs for returning goods

The consumer bears the direct costs associated with returning the goods to the seller.unless the seller has expressly stated that he will bear the costs himself, or the legal provisions do not provide otherwise.

This also applies if the original transport of the goods to the consumer has already taken place. free of charge or at a reduced price.

Free shipping of goods to the consumer does not automatically include free return shipping in the event of contract cancellation.

For ovens, stoves, fireplace inserts and other heavy, bulky or palletized goods that cannot normally be returned by mail due to their nature, the return shipping costs may vary, particularly depending on the weight and dimensions of the shipment, the number of pallets, the country and location of collection, the availability at the collection point and the type of shipping service.

Information about the maximum estimate of the direct costs for returning such goods according to the respective shipping area Before submitting a binding order, the consumer is provided with information about shipping and returns.

The seller is not obliged to organize the return transport of the goods himself, unless this obligation is imposed on him by law or agreed with the consumer.

If the seller organizes the return transport at the consumer’s request, the costs for this transport can be borne by the consumer in accordance with the prior agreement.

Secure packaging of returned goods

The consumer is obliged to prepare the goods for return transport in a manner appropriate to their type, dimensions, weight and chosen mode of transport so that they are not damaged during transport.

For pallet deliveries, it may be particularly necessary to properly position and secure the product on the pallet, protect sensitive parts, and use suitable fastening and protective elements.

The original packaging is not a prerequisite for the consumer to exercise their right of withdrawal.

However, if the consumer no longer has the original packaging, pallet or fastening elements, he must use other packaging that adequately protects the product during transport.

Damage incurred during return transport due to inadequate packaging or securing of the product may be taken into account when assessing the reduction in value of the returned goods.

Condition and use of the returned goods

The consumer has the right to familiarize himself with the goods to the extent necessary to determine their characteristics. Nature, properties and functionality.

The consumer is liable to the seller for any reduction in the value of the goods resulting from the fact that the goods were not handled in a manner that was not necessary to familiarize the consumer with their nature, characteristics and functioning.

Simply unpacking the product or reasonably checking its characteristics does not lead to the loss of the right of withdrawal.

However, if the consumer actually uses, installs, connects, disassembles, or otherwise handles the product beyond the necessary training, this can lead to the following: Depreciation.

For ovens, stoves, fireplace inserts and similar products, the following aspects may be particularly relevant when assessing impairment:

• Flooding or actual operation of the product,
• the formation of soot, ash, smoke or other traces of operation,
• Installation or connection that leaves traces on the product,
• mechanical damage, scratches or dents,
• Damage to painted, enamelled, ceramic or other surfaces,
• improper disassembly,
• Damage during handling or return transport
• Product contamination
• Damage or loss of parts
• Missing accessories or other parts of the original delivery.

Depreciation in value of returned goods

If the value of the goods decreases because they are handled beyond the necessary induction period, The consumer is liable to the seller for this actual loss in value..

The seller is entitled to assess the condition of the returned goods upon receipt.

In determining the extent of the reduction in value, the condition of the product, the extent of its use, damage or contamination, traces of assembly and disassembly, the completeness of the accessories, the possibility of reselling the product and the reasonable costs required to eliminate the consequences of handling the goods may be taken into account, provided that these circumstances actually affect its value.

The amount of the seller’s potential claim for damages is determined individually according to the actual condition of the respective product, not as a flat percentage.

The seller’s claim corresponding to the actual loss in value can be taken into account in the processing of the withdrawal from the contract in accordance with the statutory provisions.

The seller does not charge a flat-rate “return fee” from the consumer simply because the consumer has exercised their statutory right of withdrawal.

Installed or operated products

The mere installation or use of the product does not automatically extinguish the consumer’s right of withdrawal, provided that he is entitled to this right under the law.

However, it can lead to significant depreciation of the product.

For a product that has already been flooded, soot, thermally stressed surfaces, traces of combustion, assembly, or other irreversible changes can significantly impair the possibility of reselling it as new.

Similarly, modifications resulting from assembly, connection, disassembly or manipulation can significantly reduce the value.

Refund of funds

If the consumer effectively withdraws from the contract, the seller shall refund the funds received under the contract within the legally prescribed period.

The seller is not obliged to refund the money received before receiving the returned goods or before the consumer has provided proof that they have returned the goods, whichever occurs first, unless the seller is obliged to collect the goods themselves.

The funds will be refunded via the same method by which the seller received them from the consumer, unless the parties agree on a different method which does not incur any additional costs for the consumer.

Original delivery costs

The seller shall reimburse the consumer for the costs of the original delivery to the extent required by law.

If the consumer has chosen a different option the cheapest standard shipping method offered by the seller for the respective orderThe seller is not obliged to reimburse additional costs incurred by choosing a more expensive shipping method.

If the original transport of the goods to the consumer was free of charge, the consumer will not be charged the regular price of the original transport for this reason.

This does not affect the consumer’s obligation to bear the direct costs of returning the goods to the seller, provided the legal requirements are met.

Goods that have been manufactured or modified according to consumer requirements

The consumer has no right to withdraw from the contract in the cases stipulated by law.

This applies in particular to goods that tailored to the specific requirements of the consumer or adapted to his personal needs.

However, not all products that the seller orders from the manufacturer or supplier based on a customer order are automatically considered such goods.

The mere selection of a standard variant from the options usually offered by the seller, such as a commonly offered color, performance or design, does not in itself mean the exclusion of the statutory right of withdrawal.

If a particular product is actually manufactured according to the specific requirements of the consumer or is individually adapted and is subject to a legal exception, the consumer will be informed of this fact before placing a binding order.

Incorrectly selected product

The fact that the consumer discovers upon receipt that he has ordered the wrong type, power, size, color, variant with or without inverter, a different connection type, or a different design that is unsuitable for him, This does not constitute a defect in the delivered goods.if the delivered goods correspond to the order and the information in the offer.

If the consumer is still within the statutory withdrawal period, he or she may exercise this right under the conditions of this article.

Outside of the statutory right of withdrawal, the seller is not obliged to automatically take back the defective goods or exchange them for another product.

Voluntary return or exchange outside the statutory right of withdrawal

If the buyer no longer has a legal right to withdraw from the contract without giving reasons, the seller may, at his own discretion, allow the return or exchange of the defective goods. voluntary corporate friendliness.

In such a case, the seller is entitled to set individual conditions for such a return or exchange, in particular with regard to the condition of the product, its further saleability, the time of purchase, the type of goods and the costs associated with receiving it.

In such a case, the seller may offer a severance payment. in exchange for other goods, customer credit or a voucher for a future purchase.

The voluntary acceptance of a product without defects does not constitute an acknowledgment of the defect or an acknowledgment of the buyer’s statutory right to withdraw from the contract.

However, if the consumer has a statutory right of withdrawal, the seller may not unilaterally replace the statutory refund with a voucher or customer credit without obtaining the consumer’s consent.

Order created during a personal meeting at the company

When the buyer selects and orders the goods with the simultaneous physical presence of buyer and seller on the seller’s premisesA contract is not considered a distance selling contract simply because the order was placed via an electronic ordering system or an online shop, for technical, administrative or record-keeping reasons.

The decisive factor is the actual manner in which the contract was negotiated and concludednot merely the fact that the order has received an online order number or has been registered in the online shop system.

The consumer’s statutory right of withdrawal within a period of 14 days only applies if the legal requirements for a distance contract or an off-premises contract are actually met.

Simply placing an electronic order during a personal purchase in a store does not give the consumer a right of withdrawal, which he would not otherwise have in the case of a regular purchase in a store.

buyer, businessman

The right provided for in this article to withdraw from the contract within a period of 14 days without giving reasons is available consumer.

A buyer who enters into a contract in connection with his business activity does not have this consumer right unless something else has been expressly agreed between the seller and the buyer.

9. Rights in case of defective performance and complaints

The seller is liable to the buyer for defects in the goods to the extent stipulated by statutory provisions and the concluded purchase agreement.

For the consumer, the seller is primarily responsible for ensuring that the goods, upon receipt, correspond to the agreed description, type, quantity, quality, functionality and other agreed or legally required characteristics.

The consumer can report a defect that appears. within two years of receiving the goodsUnless otherwise provided by law, the relevant legal provisions shall apply.

If a defect occurs during one year from the date of the takeoverIt is assumed that the item was defective upon receipt, unless the nature of the item or the defect precludes this.

Filing a complaint

A complaint can be submitted to the seller, in particular electronically at:

[email protected]

When making a complaint, the buyer should provide information that allows the order and product to be identified, and describe the defect and the circumstances under which it occurs as accurately as possible.

Depending on the type of defect, the seller may request photos, videos, installation data, service or technical documentation, or other documents. Appropriate cooperation is needed to determine the cause of the deficiency..

Submitting a complaint does not automatically entitle you to an immediate visit from a service technician. The method of initial assessment and subsequent resolution depends on the type of product, the reported defects, the installation method, and the buyer’s legal rights.

Defects and damages for which the seller is not liable

Rights arising from defective performance do not apply to damage or problems that arise after receipt of the goods due to circumstances for which the seller is not responsible, in particular normal wear and tear, improper storage, improper use, faulty installation, mechanical damage, improper modifications or operation contrary to instructions.

The fact that the problem occurs during the period in which the deficiency can be detected, This does not necessarily mean that it is a product defect for which the seller is responsible..

Handling consumer complaints

If the complaint is justified, the consumer is entitled to rights due to defective performance in accordance with the relevant legal provisions.

The method of remedying defects depends on the nature and severity of the defect as well as the applicable legal provisions. Depending on the circumstances, the defect may be remedied in particular by repairing or replacing the defective product or one of its components; in cases provided for by law, the consumer may also be entitled to an appropriate price reduction or to withdraw from the contract.

The mere defect of a single replaceable part does not automatically justify the right to a replacement of the entire product.

The consumer’s complaint will generally be processed without undue delay, but at the latest within the legally prescribed period. within 30 days from applicationunless the seller and consumer agree on a longer period in a specific case.

Damage costs

If the complaint is justified, the consumer is entitled to reimbursement of the reasonable costs incurred to the extent stipulated by law.

This does not mean that the buyer can commission expensive services, transport, dismantling work, expert opinions or other services without prior agreement and automatically demand full payment from the seller.

If it is determined that the problem is not the seller’s responsibility and the buyer requests a paid service, repair or other service, this service can be provided after prior agreement on the scope and price.

Detailed complaints procedure

Detailed rules for submitting a complaint, evaluating installed products, parts under operational stress, transport damage, technical assessment, buyer cooperation, and other related issues are listed on a separate page:

Complaints and returns

These rules, together with these General Terms and Conditions, provide information on the exercise and settlement of rights arising from defective performance.

buyer, businessman

For a buyer who concludes a contract in connection with his commercial activity, the special provisions intended exclusively for consumers, including the 30-day period for remedying a complaint, do not apply unless expressly agreed otherwise.

The entrepreneur’s rights in the event of defective contract performance are governed by the concluded contract, these General Terms and Conditions and the relevant legal provisions.

10. Liability for damages and associated costs

The seller is liable for damages resulting from a breach of his contractual or statutory obligations to the extent stipulated by law.

The mere existence of a product defect, a complaint, or a temporary inability to use the product This does not automatically entitle the buyer to a refund of the amount requested in connection with the given situation..

In order for a claim for compensation to arise, legal requirements must be met, in particular damage must have occurred, a legally relevant reason for the seller’s liability must exist, and a causal link must exist between this reason and the damage incurred.

Obligation to prevent the occurrence and worsening of damage

The buyer is obliged to act appropriately under the given circumstances in order to prevent further damage or its unnecessary aggravation.

If the buyer discovers a condition that could lead to further damage to the product or property, or pose a risk to safety, he is obligated, depending on the circumstances, to do the following: Stop using the product and take appropriate measures to limit further damage..

If the buyer continues to use the product despite an obvious defect, warning, dangerous condition or instruction from the manufacturer or seller to stop operation, and thereby causes or increases damage, he shall bear the consequences to the extent that he could have prevented them by taking reasonable measures.

This does not affect the seller’s liability for the original defect or damage for which they are legally responsible. The Civil Code generally stipulates that a person exposed to damage must take reasonable measures to prevent it; they bear the cost of anything they could have prevented.

Costs that the buyer commissions from third parties

If the buyer orders services, transport, dismantling, assembly, diagnostics, expert opinions, replacement heating systems or other services from third parties without prior agreement with the seller, This does not automatically give him the right to demand reimbursement of these costs from the seller..

Each claim will be assessed based on whether the costs are actually related to the seller’s breach of duty, whether they were intentional and reasonable, and whether there is a causal link between their occurrence and the seller’s liability.

If the situation allows for prior coordination, the buyer is advised to contact the seller and agree on further steps before commissioning a more extensive, paid intervention.

Consequential costs and indirect costs

The seller is not liable for costs or damages caused by circumstances on the part of the buyer or a third party, in particular by improper installation, improper use, improper handling, improper storage, improper interventions or continued operation despite an obvious defect.

The mere fact that the buyer incurred additional costs in connection with the product malfunction or the complaint, This does not in itself mean that the seller is obliged to reimburse these expenses..

Each individual claim is examined separately with regard to grounds, amount, purpose and causal relationship.

Loss of profit

The claim for compensation for lost profits will be examined separately in accordance with the statutory provisions on claims settlement.

The mere assertion by the buyer that he is unable to conduct his business, produce, sell or operate his equipment due to a product defect does not in itself prove either the occurrence or the amount of the lost profit.

In particular, the buyer must be able to prove the actual occurrence of such a claim, its amount, and its causal connection to the seller’s breach of duty.

Lost profit is not the same as the revenue expected by the buyer. According to the German Civil Code, lost profit is also compensated; however, case law understands this to mean a realistically expected financial advantage and not merely a claim for lost revenue.

buyer, businessman

For the acquiring entrepreneur, any claims for compensation for damages, lost profits, business interruption, costs for alternative solutions or other economic consequences will be assessed in accordance with the concluded contract and the relevant legal provisions.

A product complaint or the acknowledgment of a product defect does not automatically imply the acknowledgment of any related claim by the entrepreneur for damages or lost profits.

Such a claim must be asserted and documented separately.

If individual liability rules have been agreed between the seller and the entrepreneur, these agreements shall take precedence to the extent permitted by law.

Limitation of liability

No provision of these General Terms and Conditions shall be construed as a provisional exclusion or limitation of the Seller’s liability to the extent that such limitation is not permitted by law.

In particular, liability for damages caused intentionally or by gross negligence, or the legally protected rights of the weaker party, cannot be excluded or limited in advance.

11. Out-of-court settlement of consumer disputes

If a dispute arises between the seller and the consumer within the framework of the contract that cannot be settled directly between the parties, the consumer has the right to contact the competent body for the out-of-court settlement of consumer disputes.

In the event of disputes arising from the sale of goods via an online shop Thermo The responsible authority is in particular:

Czech Trade Inspection
Central Inspectorate – Alternative Dispute Resolution Department

The Czech trade inspection authority strives to reach an agreement between consumers and businesses through out-of-court dispute resolution. However, it does not make a binding decision in the dispute like a court would.

The consumer can submit a proposal to initiate an out-of-court dispute resolution procedure no later than [Datum einfügen]. within one year from the date on which he first asserted his claim against the sellerBefore filing a complaint, you must first try to resolve the dispute directly with the seller.

The out-of-court settlement of consumer disputes does not apply to disputes between two businesses.

Current information and the electronic form for initiating ADR procedures are available on the website of the Czech Trade Inspection Authority. Out-of-court settlement of consumer disputes – CTIA

Cross-border consumer disputes

In cross-border consumer disputes within the European Union, consumers can also use the available cross-border out-of-court dispute resolution mechanisms and the network of competent consumer organizations.

The original European platform for online dispute resolution ODR was terminated on July 20th 2025Therefore, these terms and conditions no longer apply to the previous ODR platform.

12. Data protection and electronic communication

Processing of personal data

The controller responsible for processing the personal data of the buyers is:

Libi Elektro s.r.o.
On Folimance 2155/15, Vinohrady, 120 00 Prague 2
ID: 08029784
VAT identification number: CZ08029784

The seller processes the buyer’s personal data, in particular to the extent necessary for the Conclusion and fulfillment of the purchase contract, order processing, payment and transport processing, communication with the customer, handling of complaints, fulfillment of legal obligations and protection of your legitimate rights and claims..

The processing of personal data necessary for the execution of an order does not require the buyer’s consent if the legal basis for the processing is the performance of a contract, a legal obligation or another legally prescribed legal basis.

Detailed information about the scope and duration of the processing of personal data, the legal basis for the processing, the rights of data subjects and contact persons can be found in a separate document. Privacy PolicyThe GDPR stipulates that when collecting personal data, the controller must provide the customer with information about their identity, the purpose and the legal basis of the processing, among other things.

Transmission of the data required for order processing

To the extent necessary for the performance of the contract, the data of the buyer in question may be passed on to persons involved in processing the order, in particular:

• Freight forwarders or shipping companies,
• Payment service providers,
• to the supplier, manufacturer or service partner if this is necessary to process a specific order or complaint.
• Providers of technical, accounting or other services used by the seller,
• or to third parties if the transfer is necessary for the performance of a contract or a legal obligation.

Personal data will only be made available to these individuals to the extent necessary for the purpose for which it is required.

Details regarding the recipients or categories of recipients of personal data are contained in the document. Privacy Policy.

Electronic communication

The buyer agrees that the usual communication relating to the order and the purchase agreement may take place. electronically via the email address provided by the buyer in the order..

In particular, information about the order, its payment and shipping, tax and sales documents, information relating to transport, complaints, service, withdrawal from the contract or other fulfillment of the concluded contract may be transmitted electronically to the buyer.

The buyer is responsible for the accuracy of the email address, telephone number and other contact information provided to the seller.

If contact details change during the processing of an order, a complaint or any other ongoing contractual relationship, the buyer is obliged to inform the seller of this change immediately.

The seller is not liable for delays or communication breakdowns caused by the buyer declaring, faulty, incomplete, or non-functional contact information.

Electronic messaging

The seller is entitled to use the email address provided by the buyer for the delivery of communications relating to a specific order or contractual relationship.

The buyer is obliged to ensure that they can receive messages at the email address they have provided for communication with the seller.

The fact that the buyer did not actually open or read the electronic message, This does not necessarily mean that the message was not delivered.when the message reaches the buyer’s electronic disposal area and the buyer has the opportunity to familiarize themselves with it.

This applies without prejudice to specific provisions concerning service of process or the form of court proceedings, provided that the law provides for other requirements.

Complaints and service communication

The seller uses the following email address for communication regarding complaints and service requests:

[email protected]

We recommend that the buyer conduct all communication regarding a single complaint or service case in a single email thread, including the order number or other information that allows for clear identification of the case.

Business communication

The sending of commercial communications is subject to applicable legal regulations.

The seller can use their customer’s electronic contact details for the offer. own similar products or servicesif the legal requirements are met and the customer has been given the opportunity to simply refuse such use of their contact details.

In all commercial communications, the customer must have the opportunity to receive them again. Decline easily and free of chargeThe Ombudsman’s office expressly requests this option both when contacting customers and in all subsequent business communication.

If the prior consent of the recipient is legally required for sending commercial communications, these communications will be sent exclusively on the basis of this consent.

Cookies and other technologies

Information on the use of cookies and similar technologies on websites Thermo are listed separately in the relevant information on cookies and data protection.

13. Applicable Law, Foreign Customers and Final Provisions

Applicable law

The legal relationship between seller and buyer is governed by the legal system of the Czech RepublicUnless otherwise provided by law or by directly applicable regulations of the European Union.

By choosing Czech law, a consumer residing in another state is not deprived of the protection afforded to him by the provisions of the law of his state from which no contractual derogation is possible, provided that such protection is applicable to the contractual relationship in question according to the relevant conflict-of-laws rules.

This is particularly important for consumers from other EU countries if the seller directs its business activities towards their country. The choice of Czech law must therefore not deprive the consumer of the mandatory protection to which it would be entitled under the law of its country of residence.

International orders

The fact that the goods are delivered to another country does not in itself change the identity of the seller or the underlying contractual relationship.

The seller and contractual partner of the buyer remains:

Libi Elektro s.r.o.

For orders from abroad, mandatory legal provisions of the consumer’s country may also apply, in particular regarding the place of delivery, consumer protection, rights in the event of defective performance and other rights that cannot be contractually excluded.

Contract and communication language

The purchase agreement and these terms and conditions are concluded by default. Czech languageunless otherwise agreed with the buyer.

If the buyer is provided with a translation of these General Terms and Conditions or any other contractual document into another language, this translation serves to facilitate communication with the foreign customer.

If the legal provisions applicable to a particular consumer contract prescribe a specific language or method of providing information, the seller must proceed in accordance with these binding rules.

Individual agreements

If, for a specific order, the seller and buyer expressly agree on a condition that deviates from these General Terms and Conditions, Individual agreement preferred before the general adjustment of these terms and conditions.

However, an individual agreement may not deprive the consumer of rights that he cannot effectively waive under the law.

Severability clause

Should any provision of these General Terms and Conditions prove to be invalid, ineffective or unenforceable, this shall not affect the validity and effectiveness of the remaining provisions.

Instead of such a provision, the relevant legal regulation applies.

Changes to the terms and conditions

The seller is entitled to change or supplement these terms and conditions at any time.

It applies to a specific purchase agreement. the version of the General Terms and Conditions valid at the time of the conclusion of the contract.unless a subsequent amendment is expressly agreed upon for a specific case or does not arise directly from the law.

A subsequent change to the terms and conditions therefore does not in itself change the content of the already concluded purchase agreement.

Maintenance of the terms and conditions

The seller stores data about orders and contractual relationships only to the extent necessary to fulfill contractual and legal obligations.

The general terms and conditions will be made available to the buyer before the conclusion of the contract and can also be transmitted to him electronically in such a way that they can be stored and repeatedly viewed.

Seller’s contact details

Libi Elektro s.r.o.
On Folimance 2155/15, Vinohrady, 120 00 Prague 2
ID: 08029784
VAT identification number: CZ08029784
registered at the Prague Municipal Court, Department C, file number 311854

Contact address:
Korytná 1538/4, 100 00 Prague 10

General contact information:
[email protected]

Complaints and service:
[email protected]

Phone:
+420 721 094 301

Online shop Thermo is operated by the company Libi Elektro s.r.o.

Líbi Thermo – powered by Líbi Elektro

Effectiveness of the terms and conditions

These terms and conditions come into effect on 01.09.2026.