1. Introductory provisions
- These Purchase Terms and Conditions (hereinafter the "PTC") regulate mutual rights and obligations between Libella design s.r.o., with its registered office at Filmová 174, Kudlov, 760 01 Zlín, Company ID: 09706259, registered in the Commercial Register maintained by the Regional Court in Brno, file no. C 120399, with its business address at Nad Úžlabinou 708/7, 10800 Prague 10 (hereinafter the "Seller") and the purchasing natural or legal person (hereinafter the "Buyer") arising out of the conclusion of a Purchase Agreement, according to which the Seller is obliged to deliver medical devices or accessories to medical devices (hereinafter the "Products") to the Buyer and the Buyer is obliged to accept the Products and pay the purchase price to the Seller, and arising out of the conclusion of a servicing agreement within the meaning of Article VI of these PTC (hereinafter the "Servicing Agreement").
- These PTC are a part of each Purchase Agreement and Servicing Agreement, unless the Seller and the Buyer agree otherwise. Where the provisions of the concluded Purchase or Servicing Agreement are in conflict with the provisions of these PTC, the provisions of the Purchase Agreement or the Servicing Agreement shall prevail. These PTC shall prevail over those provisions of the law that are non-mandatory.
2. Conclusion of a purchase agreement
- The Buyer may inquire about the Products through the e-shop of the Seller at www.libelladesign.cz, via e-mail at email@example.com or by phone at 603 419 291. The Seller shall confirm the acceptance of the inquiry and will either arrange a meeting in person with the Buyer in order to measure the size in the showroom of Libella design s.r.o. located at: Nad Úžlabinou 708/7, 108 00 Prague 10, or agree on the specification of the Products with the Buyer remotely where a meeting in person is not necessary. Based on the specification, the Seller shall prepare an offer with an accurate breakdown of the price of the Product and other details within the meaning of Article III hereof, and deliver such offer to the Buyer in writing or by e-mail (hereinafter the "Offer").
- The Purchase Agreement is concluded through accepting and confirmation of the Offer by the Buyer, provided the Buyer has not changed the original conditions specified in the Offer delivered by the Seller. Any change to the original conditions within the meaning of the previous sentence shall be considered a new inquiry, based on which the Seller shall prepare a new Offer. Where the acceptance of the Offer is expressed verbally or by phone, the Seller shall send to the Buyer a written confirmation resuming the Offer. Paying a part of the Purchase Price under Article III (3)(a) hereof is likewise considered acceptance of the Offer and conclusion of the Purchase Agreement.
3. Purchase price and payment
- The Purchase Price is final and exclusive of any postage and packing fee.
- VAT is included in all prices mentioned by the Seller both within the PTC and any communication between the parties.
- The Buyer is obliged to pay the Purchase Price as follows:
- part of the Purchase Price in the amount of CZK 1,900 shall be paid by latest one week before the agreed date of the measurement of the size of the Product within the meaning of Article II (1) hereof. The said amount is also considered a deposit for the reservation of the date of the measurement session and the lending of the testing cushion for testing at home for a period of seven (7) days, which begins always on the next day following the respective measurement or remeasurement session, as the case may be (hereinafter the "Testing");
- the balance of the Purchase Price shall be paid by latest on the day when the Product is received. The Buyer may pay the Purchase Price in cash or by a bank transfer to the Seller's account no. 123-2931860227/0100. The amount of the balance depends on the number of the measurement or remeasurement sessions, where:
- in case of first measurement session, the balance amounts to CZK 7,500 (in words: seven thousand five hundred Czech crowns); or
- in case of first remeasurement session, the balance amounts to CZK 8,500 (in words: eight thousand five hundred Czech crowns); or
- in case of second remeasurement session, the balance amounts to CZK 9,500 (in words: nine thousand five hundred Czech crowns),
where the specific amount of the balance of the Purchase Price related to the Libella Seat anti-decubitus cushion in accordance with the above shall be specified by the relevant ergotherapist in the conclusive report issued by him or her, provided no other remeasurement is required.
In the event that the Buyer, after the expiry of the testing period, i.e. seven (7) days, fails to demonstrably contact the Seller and does not respond to the requests by the Seller, the entire Purchase Price within the meaning of Paragraph 3 of this Article of the PTC becomes payable on the day following the expiry of the testing period. On that day, the Seller becomes entitled to payment of the Purchase Price.
- The Purchase Price within the meaning of the previous Paragraph is considered paid upon the moment when the relevant amount is credited to the bank account of the Seller.
- If the Product for the Buyer is fully or partially covered by the Buyer's insurer based on a prescription written by the physician, the Buyer shall pay (at his or her expense) the balance for the medical device, if any, in the amount defined based on the rate code issued by the State Institute for Drug Control (SÚKL) valid on the issue date of the Offer. The prescription may be applied within 30 days from the day of its issue, unless the prescribing physician defines otherwise with regard to the health of the patient or the nature of the Product.
- If the Buyer fails to pay the Purchase Price or its part by the due date, the Seller is entitled to charge interest on late payment in the amount of 0.05% from the outstanding balance of the Purchase Price for each (even incomplete) calendar day of the delay.
4. Date and place of delivery
- The Product shall be handed over to the Buyer by the appointed ergotherapist or other appointed employee of the Seller or delivered to the address specified by the Buyer.
- The date of the Product delivery shall be specified by agreement between the Seller and the Buyer.
- The Seller is not obliged to start the performance of the Purchase Agreement unless the Buyer pays the part of the Purchase Price defined in Article III (3)(a) hereof in full. The Seller is not obliged to hand over the Product to the Buyer unless the entire Purchase Price is paid.
- The risk of damage to the Product passes to the Buyer upon its delivery or, in the case of the Libella Seat anti-decubitus cushion, upon its receipt for the testing. Damage caused on the Product once the risk of damage passed to the Buyer is without prejudice to the Buyer's obligation to pay the
Purchase Price for the Product, unless the damage was caused by the Seller due to a breach of the Seller's obligation.
5. Quality, defects and complaints
- The Seller guarantees that the Product will retain the features agreed by the parties in the Purchase Agreement for two (2) years from the receipt of the Product and declares that the Product complies with all statutory requirements, which the Seller further certifies to the Buyer by signing the handover certificate upon the handover of the Product to the Buyer.
- The warranty does not apply to the usual wear and tear of the Product and – in case of Products that were discounted due to defects – to such defects; further, the warranty does not apply to defects corresponding to the usual wear and tear of the Product upon its receipt by the Buyer in case of a second-hand Product, to defects caused by mechanical damage of the Product or by demonstrably unacceptable intervention in the Product or due to a use of the Product that is contrary to generally known rules for use or contrary to the recommended use of the Product mentioned in the user manual.
- The Buyer may file a complaint:
- in writing by sending the complaint to the above-mentioned business address; or
- by e-mail at firstname.lastname@example.org; or
- by phone at 603 419 291 (the number is subject to change),
without undue delay once the Buyer identifies a defect of the Product and no later than by the expiry of the warranty period.
- The Product subject to the complaint shall be delivered to the Seller's business address or other address specified by the Seller.
- The Seller shall decide as to the Buyer's complaint within three (3) business days and, in complex cases, within five (5) business days. This deadline does not include the reasonable time needed for a professional assessment of the defect. The Seller shall handle the complaint and remedy the defect without undue delay and no later than within thirty (30) days of the date when the complaint was made, unless the Seller and the Buyer agree otherwise. Where supplying spare parts is necessary, the period for the complaint handling shall be extended by the time needed for obtaining the spare parts.
- Upon filing a complaint, the Seller shall provide the Buyer with a confirmation specifying the date of the complaint, the subject of the complaint and the method of the complaint handling requested by the Buyer. Further, the Seller shall provide the Buyer with a confirmation specifying the date and method of the complaint handing including a confirmation of the repair and its estimated duration or, as the case may be, a written and justified rejection of the complaint.
- In the event that the Product or its component part is replaced for a new one within the warranty servicing, the Seller shall guarantee the quality to the Buyer for two (2) years starting from the date when the replaced Product or its component part was received by the Buyer.
- In the event that the complaint is rejected, the Buyer may request servicing outside the warranty coverage. The provisions of Article VI below shall apply in such a case.
6. After-sales service
- The Seller provides after-sales service, i.e. repairs and adjustments of the Product or spare parts supply outside or after the expiry of the warranty coverage (hereinafter the "Service") based on a Servicing Agreement. The Buyer may request Service
- following the expiry of the warranty period (post-warranty service); or
- in case of damage or defects of the Product that are not covered by the warranty; or
- if a complaint is rejected within the warranty period as per Article V (8) hereof (servicing outside the warranty coverage).
- The Buyer may order the Service especially:
- in person at the Seller's business address; or
- by e-mail at email@example.com; or
- by phone at 603 419 291
and the Seller shall confirm the acceptance of the order of the Service. The parties shall further specify the scope of the Service by phone or in writing or arrange a meeting in person. Subsequently, the Seller shall prepare an offer detailing the price of the Service and the payment and other terms and deliver the offer to the Buyer in writing or via e-mail (hereinafter the "Service Offer").
- Where a warranty complaint regarding the Product is rejected within the meaning of Article V, the Seller shall deliver to the Buyer a relevant Service Offer together with the rejection letter.
- Acceptance of the Service Offer by the Buyer means a Servicing Agreement is entered into. Where the Service Offer is accepted verbally or by phone, the Seller is entitled to ask the Buyer to subsequently confirm the acceptance in writing. Paying the deposit on the Service, where applicable, by the Buyer is likewise considered acceptance of the Service Offer and entering into the Servicing Agreement. Where a deposit on the Service is required beforehand, the Service shall be performed only once the deposit is paid by the Buyer in full.
- The Product to be serviced shall be delivered to the Seller's business address or other address specified by the Seller.
- The Seller provides warranty on the Product that was subject to the Service or the new spare parts for two (2) years. The warranty period begins on the day when the Product or the spare part is received by the Buyer.
7. Withdrawal from the agreement
- The Buyer may withdraw from a Purchase Agreement that was entered into outside the business premises of the Seller or through remote modes of communication without stating the reason within 14 days of receiving the Product. In such a case, the Buyer is obliged to return the Product, which must be complete and free of damage, to the business address of the Seller or other address agreed by the parties within 14 days of the day of the withdrawal. The Buyer is not entitled to withdraw from the Purchase Agreement if the Product has been adjusted according to the Buyer's requirements.
- The Buyer may withdraw from a Servicing Agreement that was entered into outside the business premises of the Seller without stating the reason within 14 days of its conclusion. The Buyer is not entitled to withdraw from the Servicing Agreement if the service was performed prior to the expiry of the period for withdrawing from the Servicing Agreement and the Seller informed the Buyer that he or she is not entitled to withdraw from the Servicing Agreement in that case.
- The Buyer shall send the notice of withdrawal from the Purchase Agreement or the Servicing Agreement to the business address of the Seller or by e-mail at firstname.lastname@example.org.
- In the event of a withdrawal from the Purchase Agreement by the Buyer, the Seller shall return the payment received from the Buyer within 14 days of the withdrawal using the same payment method through which the payment was made, unless the parties agree otherwise. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the payment to the
Buyer before the Buyer returns the Product or proves that the Product has been shipped. The costs related to the returning of the Product shall be borne by the Buyer.
- The Buyer is liable for any reduction of the Product's value caused by handling that is inappropriate given the Product's nature and characteristics. Reduction of the value as per the previous sentence means a reduction of the value by more than 25% of the original purchase price. Should the value be reduced by more than defined in the previous sentence, the Seller is entitled to claim compensation from the Buyer for the reduction of the Product's value.
- In the event that the Buyer withdraws from a Servicing Agreement at a time when the Seller has already commenced the performance of the Service based on an express request of the Buyer prior to the expiry of the period for withdrawing from the Servicing Agreement, the Buyer shall pay to the Seller a proportionate part of the price for the Service corresponding to the services performed until the moment of the withdrawal.
8. Personal data protection
- The Seller, as the data controller, undertakes to protect and process any personal data provided to it based on the relevant agreements in compliance with relevant legislation, especially the Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
- During the processing of the personal data, the Seller shall adhere to basic principles that are freely accessible on its website: www.libella.cz/ochrana-osobnich-udaju.
9. Out-of-court settlement of disputes
- The body competent to settle out-of-court consumer disputes arising out of a purchase agreement is the relevant Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs. For online resolution of disputes between the Seller and the Buyer arising out of a Purchase Agreement it is possible to use the internet platform at http://ec.europa.eu/consumers/odr.
- The European Consumer Centre Czech Republic located at 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is a contact point pursuant to the Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
- The Seller is authorised to sell its products based on a trade licence. Trade inspection is carried out by the relevant Trade Licence Office. Among other things, the Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on consumer protection.
10. Final provisions
- The PTC are binding on the Buyer and the Seller from the day of entering into the Purchase Agreement or the Servicing Agreement. To a reasonable extent, the Seller is entitled to amend these PTC or repeal these by issuing new purchase terms and conditions, should there be a need for their change. This provision is without prejudice to the rights and obligations that arose when the previous version of the PTC was in force.
- The relationship between the Seller and the Buyer arising out of the Purchase Agreement or the Servicing Agreement is governed by the law of the Czech Republic and especially the Civil Code.
- By entering into the Purchase Agreement or Servicing Agreement, the Buyer confirms that he or she has become familiar with the content of the purchase terms and conditions and accepts them expressly.
- These purchase terms and conditions are in force and effect from 2 May 2021.