COMPLAINTS PROCEDURE

of the company Libristo Media s.r.o., ID No.: 04448367, with registered office at Sychrov 55, 755 01 Vsetín, Czech Republic, registered in the Commercial Register at the Regional Court in Ostrava, file No. C 63649, represented by Ing. Eva Kavinová, Executive Director,

for the sale of goods and digital content on https://www.libristo.cz. 

1 GENERAL INFORMATION

1.1 Who is the seller? This Complaints Procedure applies to goods supplied by Libristo Media s.r.o., ID No.: 04448367, with registered office at Sychrov 55, 755 01 Vsetín, Czech Republic, registered in the Commercial Register at the Regional Court in Ostrava, file No. C 63649, represented by Ing. Eva Kavinová, Executive Director (hereinafter referred to as the "Seller" or "we").

1.2 Complaints procedure is part of the GTC. This Complaint Procedure forms an integral part of the General Terms and Conditions (hereinafter referred to as "GTC") of the Seller.

1.3 The Complaints Procedure is intended for the consumer-customer only. A consumer customer means any person (natural person) who, outside the scope of their business activity or outside the scope of the independent exercise of their profession, concludes a contract with us or otherwise deals with us (hereinafter also referred to as "consumer").

1.4 Defective performance. The Seller's Complaints Procedure shall apply to the regulation of rights and obligations in the exercise of rights arising from defective performance in the sale of goods between us as the Seller and the Customer as the Buyer (hereinafter referred to as the "Customer" or also "you").

1.5 What can you find in the Complaints Procedure? The Complaints Procedure also informs consumers about the conditions, method and possibilities of claiming defective or otherwise damaged goods. We base our regulations on Act No. 89/2012 Coll. of the Civil Code (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll. on Consumer Protection, as amended.

1.6 Contractual guarantee. In the case of contractual warranty rights, the specific warranty terms and conditions shall govern the resulting relationship.

2 IN THIS SECTION YOU WILL FIND OUT HOW OUR GOODS SHOULD LOOK LIKE ON RECEIPT

2.1 What characteristics should our goods have at the time of receipt? We are responsible for ensuring that the goods are free from defects on receipt. In particular, we are responsible for the fact that at the time you take delivery of the goods:

2.1.1 the goods have the characteristics that we have agreed and, in the absence of agreement, those characteristics that we or the manufacturer have described or that you have come to expect in view of the nature of the goods and on the basis of advertising by us or the manufacturer,

2.1.2 the goods are fit for the purpose we state for their use or for which goods of that kind are usually used,

2.1.3 the goods correspond to the quality or design that the parties agreed, or to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,

2.1.4 the goods in the appropriate quantity, measure or weight,

2.1.5 the goods meet the requirements of the legislation.

2.2 The assumption that the goods are defective. If the defect becomes apparent within 12 months of receipt of the goods, the goods shall be presumed to have been defective on receipt unless we prove otherwise.

3 IN WHICH CASES WE ARE LIABLE FOR A DEFECT IN THE DIGITAL CONTENT PROVIDED AND IN WHICH CASES WE ARE NOT LIABLE FOR A DEFECT IN THE DIGITAL CONTENT PROVIDED

3.1 Making digital content available. We are responsible to the customer for making the download link available in the customer's user account in order to properly provide the digital content.

3.2 Time of making the digital content available. We agree to allow the Customer to download the Digital Content purchased for a period of 24 months from the purchase of the Digital Content, but the number of downloads of the Digital Content purchased is limited to six (6) downloads unless otherwise agreed.

3.3 Losing the Link. If a customer loses a link to download digital content, then we will obtain a new link through our supplier. However, the condition according to the previous clause 4.2 of this Complaint Procedure (limitation in number of downloads and time) must be met.

4 THE CUSTOMER'S RIGHTS AND OBLIGATIONS IN RELATION TO THE DELIVERY OF DIGITAL CONTENT

4.1 When we make digital content available. The Customer is obliged to check that the download link for the Digital Content has been made available to them in their user account. We will display the link in the user account within 2 working days at the latest.

4.2 If the digital content is not made available within 2 working days, what should I do? If you do not have this download link in your user account, or if the link is not functional, please contact us at info@libristo.cz and we will check everything. The provision of the unique link is an automated process on our part, but for technical reasons it may not be sent.

4.3 Supported format and a prerequisite for proper display of digital content. Purchased digital content can be downloaded in ePub or PDF format, both formats can also be viewed in Adobe Digital Editions and on eReader devices. Using Adobe Digital Editions, individual purchased digital content can be copied between up to six supported mobile devices, provided all devices use the same Adobe ID. Purchased digital content will not automatically work on iPad, iPhone and iPod. To use it on these devices, you will need to install the necessary software recommended by the manufacturer of these devices.

4.4 Internet connection. Customers must ensure that they have sufficient internet connectivity, hardware and software to properly access the Digital Content to run the Digital Content. Seller shall not be liable for defects related to Customer's insufficient Internet connection, hardware and software necessary to make the Digital Content available.

5 HERE YOU WILL FIND OUT IN WHICH SITUATIONS YOUR CLAIM WILL NOT BE ACCEPTED

5.1 What defects are we not responsible for? We are not liable for defects in the following cases:

5.1.1 if the goods are defective at the time of acceptance and a discount on the purchase price is agreed for such defect,

5.1.2 the defect has been caused by wear and tear caused by normal use or by the nature of the goods,

5.1.3 is caused by you and is caused by improper storage, improper maintenance, your intervention or mechanical damage, all in conditions that do not correspond to the temperature, dustiness, humidity, other environmental influences and is directly specified by us or the manufacturer (usually on the package leaflet / product label) or it is implied by law,

5.1.4 goods that have been modified by the customer and if the defect has arisen as a result of this modification,

5.1.5 use of the goods in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical influences of the environment, which is directly intended by the seller or manufacturer, or which is the result of legal regulations,

5.1.6 the defect was caused by an external event beyond our control (e.g. a natural event).

6 IN THIS SECTION, YOU WILL LEARN WHAT THE PROCESS IS FOR DIGITAL CONTENT

6.1 Accessing the digital content. We are responsible for ensuring that in order to properly deliver the digital content, you receive a unique link to launch the digital content you purchased via email to the email address provided when placing your order.

6.2 Do I have access to digital content? You are also required to check whether digital content is available and accessible. If you do not have access to digital content after receiving confirmation, please contact us at info@libristo.cz and we will check everything.

6.3 What can I do to ensure that digital content is accessed as it should be? You are required to ensure that you have sufficient internet connection, hardware and software necessary to properly participate in the webinar or access the digital content. The Seller shall not be liable for defects related to insufficient internet connection of the Customer, insufficient hardware and software equipment required to make the digital content available.

6.4 Has there been a failure to make digital content available? If you have not been sent or accessed the digital content you purchased, since receiving our order confirmation, please contact us at info@libristo.cz and we will check it. Please email us with your order number and a description of the error.

7 WHAT TO LOOK OUT FOR WHEN RECEIVING GOODS?

7.1 Check the contents of our package. When you receive the goods, check them to make sure they are in good condition (in particular, whether you have received the correct type of goods, the correct number of goods, whether the goods are of the agreed quality, whether the goods contain everything they are supposed to contain).

7.2 When you will not be able to claim the goods. You have no rights under defective performance if:

7.2.1 you must have known the defect with the exercise of ordinary care when you concluded the contract of sale, or

7.2.2 if the goods are handed over later than when the purchase contract is concluded, then directly upon receipt, or

7.2.3 if you knew the goods were faulty before you took delivery, or

7.2.4 if you caused the defect.

8 WERE THE GOODS DAMAGED IN TRANSIT?

8.1 Inspection of the packaging prior to receiving the goods from the carrier, upon receipt. Upon receipt of the shipment from the carrier, check the integrity of the packaging. By accepting the shipment, you confirm that you have received the shipment without obvious defects. If the packaging is damaged, notify the carrier directly and write a damage report. The parcel will be retained by the carrier. This is the easiest way to handle a damaged parcel claim, the parcel will be returned to us by the carrier and a new parcel will be sent to you.

8.2 You only find out that the goods have been damaged when you unpack the package. How to proceed? Notify us immediately upon receipt and discovery of the defect, no later than three (3) days after receipt of the package. Ideally via the complaint form available here. Please provide your personal identification details, the email from which you ordered the goods and identify the goods you are including in the claim. Ideally, please include a copy of the purchase document (e.g. invoice), photo documentation of the defect and a description of the problem. All of this information may help to resolve your claim more quickly.

8.3 When will we no longer be able to make a transport claim? Please note that if you report a claim on the sixth (6th) day or later after receipt of the shipment, it is highly unlikely that such claim will be accepted by the carrier. We may incur damages as a result of your late claim for a damaged shipment (the damaged shipment will not be reimbursed by the carrier for your late claim), and we are entitled to recover such damages from you. Please keep the parcel and make a photo documentation of it (so that you can clearly see the damaged goods, packaging, filling).

8.4 What's the procedure when you notify us? After completing the damaged shipment claim form, you will receive a confirmation by email, after which our customer service staff will usually contact you by phone to discuss the next steps - we usually do this within three (3) working days. You can contact us at any time by email at info@libristo.cz to check the status of your claim.

9 HOW DO YOU PROCEED IF YOU RECEIVED SOMETHING OTHER THAN WHAT YOU ORDERED FROM US?

9.1 How to proceed and what do we need to know from you? If you have received the wrong goods, the wrong quantity or a different color, or completely different goods that you did not order, etc., please contact us, preferably by email: info@libristo.cz or via the Complaint protocol. Please provide your personal identification details, the email from which you ordered the goods, and identify the goods you received incorrectly. Ideally, please also include a copy of the purchase document (e.g. invoice), photo documentation of the defect and describe the fault in your own words and indicate what was contained in the package when it was handed over. We do our best to prevent such mistakes. We apologize in advance for any discrepancies in your order and will do everything we can to make the claims process as convenient and quick as possible for you.

9.2 What happens after that? After completing and submitting the complaint form, you will receive a confirmation on your email. We will check everything as quickly as possible and contact you to agree on the next steps. You can contact us at any time by e-mail at info@libristo.cz to verify that your claim is already being processed.

10 DISCOVERING DEFECTS IN THE GOODS WITHIN 30 DAYS OF RECEIPT

10.1 I will find the goods defective within 30 days of receipt. If you find a defect in the delivered goods within 30 days of receipt, please contact us preferably by e-mail: info@libristo.cz or via the Complaint protocol.

10.2 Can the value of the goods be reduced? We fully respect that you have the right to withdraw from the purchase contract within 30 days of receipt of the goods. However, in this case, the goods must be returned undamaged or in sealed or hygienic packaging. You will not be able to do this if you discover a defect within 30 days of receipt of the goods. Please note that you are liable for the diminished value of the goods under applicable law. In view of the above, we recommend that you claim for defective goods (or goods that may have been damaged as a result of transport) as the most appropriate course of action. You don’t need to be concerned that the claims process will take longer than our process for returning goods within 30 days of receipt.

10.3 What's next? After completing the claim form, you will receive a confirmation on your e-mail, after which our customer service will usually contact you by phone to agree on the next course of action - we usually do this within three (3) working days. You can contact us at any time by e-mail at info@libristo.cz to verify that the complaint is already being processed.

11 DISCOVERY OF A DEFECT IN THE GOODS AFTER 30 DAYS FROM RECEIPT

11.1 When to complain about faulty goods. You are obliged to exercise your right to complain immediately, without undue delay after the defect has been discovered.

11.2 You are entitled to exercise the right to claim for defects that occur in consumer goods within 24 months of receipt. This does not apply to goods for which the period of time for which the goods may be used (i.e. minimum durability / use by date) is stated on the packaging, label, in the instructions accompanying the goods or in the advertising in accordance with other legislation. The provisions of the quality guarantee (contractual guarantee) apply here.

11.3 What happens after 24 months? After the expiry of this period (24 months), the right to claim for defects cannot be exercised. If this is possible for the goods in question, this period is extended by the time you have not been able to use the goods because they were in the process of a legitimate complaint. Although we always try to settle claims to your satisfaction, some products must be handled according to the instructions on the packaging/label/package information - otherwise they will be damaged. In these cases, even if the 24 month period has not yet expired, we cannot accept your claim (section 3.1.3 or 3.1.5 of this Complaints Procedure).

11.4 Contractual guarantee. If the goods have been covered by a voluntary contractual guarantee for more than 24 months from the date of receipt of the goods, you will be able to exercise your right to claim for defects for this period. The period is extended by the time you have been unable to use the goods because they were in the process of a legitimate claim.

11.5 What should I do to claim a defect in the goods? In order to exercise your rights under the defects, please fill in and send this Complaint protocol, in particular

11.5.1 name and surname;

11.5.2 the email from which you ordered the goods;

11.5.3 phone number;

11.5.4 identification of the goods you include in the claim;

11.5.5 describe the defect in your own words;

11.5.6 the chosen method of complaint handling, whereby the customer is not entitled to change the chosen method of complaint handling without our prior consent;

11.5.7 your address for any returns after the claim process has been completed.

11.6 We will confirm the receipt of the claim. After completing and submitting the form for exercising the right to claim for defects in the goods, you will receive a confirmation of its acceptance by e-mail. The moment we receive the details of the claim from you is considered the moment of the claim.

11.7 Where can I complain? If you are claiming goods, you can always find information about claiming goods in the order confirmation email. Returns can always be made to our address: Zbrojovácká 1593, 755 01 Vsetín, Czech Republic. Alternatively, you can send a question about the return of goods at any time to info@libristo.cz or via the above mentioned Complaint protocol. 

11.8 You can send your complaint through Packeta, or other local carrier, at your usual place of residence. You can use the Packeta, or other local carrier, address in your country of usual residence to return the goods. You can find the exact address here. If this is not possible, please contact our customer support at info@libristo.cz. If we do not offer an address in your country of usual residence for sending the returned goods please contact our customer support at info@libristo.cz. Please provide details of the defect in the goods. We will contact you to discuss how to return the goods.

11.9 Delivery of the claimed goods back to the seller. The goods must be returned complete, undamaged (except for the claimed defect), ideally in their original undamaged packaging so that we can follow good hygiene practices.

11.10 Transport of the claimed goods Libristo Media s.r.o. If you exercise your right to return the goods by removing the defect (repair or delivery of new goods or part thereof), we will send you a return label or otherwise agree with you. Please note that goods sent by cash on delivery will not be collected by us and will be returned to you at your expense, unless we agree otherwise in writing in the individual case.

11.11 Confirmation. Upon receipt of the claimed goods, you will be sent a confirmation of the receipt of the claim and its contents to the e-mail address you specify. 

12 DIGITAL CONTENT DEFECT DETECTION

12.1 What to do if I find a defect. You are obliged to exercise your right to claim a defect in the provision of the webinar or digital content with us immediately after the defect has been discovered, otherwise you would not be granted the right of defective performance by the court. If you do not claim the defect in time, you cannot withdraw from the purchase contract on the grounds of its existence.

12.2 Complaint protocol. In order to exercise your rights for defective goods, you can use our Complaint protocol. In particular, please provide the information described in clause 11.5 of this Complaints Procedure.

12.3 Confirmation. After completing and submitting the complaint protocol, you will receive a confirmation of its receipt by e-mail from us. The moment we receive the details of the claim from you is considered the moment of the claim.

13 HOW QUICKLY YOUR CLAIM WILL BE SETTLED

13.1 When will the complaint process be completed? The Civil Code gives us 30 days to settle a complaint after the right to claim for defects has been exercised. Within this period, the claim process is usually concluded by us at the latest.

13.2 Defect assessment. As a rule, within 3 working days after the delivery of the necessary documentation (photographs and other necessary data for the assessment of the defect of the goods) or the delivery of the claimed goods back to us, an immediate assessment of the defect is carried out and we contact the customer with a preliminary opinion - most often by phone. This time limit does not include the time required for a professional assessment of the defect (e.g. it may be necessary for us to request the assistance of our supplier or the manufacturer).

13.3 If the goods are defective. In the event that the claimed goods are found to be defective, the claim process shall be concluded within 30 days of the exercise of the right of defect. In justified cases, the authorised employee may agree on a longer period with the customer. We are obliged to ask you to complete the documentation as soon as possible, if necessary.

13.4 If the goods are not found to be defective. If the goods are not found to be defective, you will be informed in order to achieve individual action.

14 HOW TO HANDLE A COMPLAINT

14.1 What will affect my options? You will have the right to demand that the defect be rectified. You can choose to have the item repaired, have a new item delivered or have the missing part delivered. This should not be an unreasonable request on your part. If repairing the item will cause us considerable difficulty or is not a reasonable request in view of the value of the item and the significance of the defect, we will tell you. We will do the same if we judge your request for a new item to be unreasonable in view of the defect in the goods or the value of the goods.

14.2 If it is a material breach of the purchase contract If the defect constitutes a material breach of the contract of sale, you will have the right to withdraw from the contract of sale or claim a reasonable discount on the purchase price of the goods.

14.3 When can I request a refund of the purchase price? In some situations, it will be possible to withdraw from the purchase contract and claim a refund of the purchase price. This will not be possible in situations where the defect in the goods or digital content is not significant. What will be the situations where you can withdraw from the purchase contract and claim a refund of the purchase price:

14.3.1 We refuse to remedy the defect in the goods or digital content or we have not remedied the defect within a reasonable time;

14.3.2 it is clear from our statement or other circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer;

14.3.3 the defect in the goods or digital content is repeated; or

14.3.4 it is a material breach of the purchase contract.

14.4 When will it next be possible to claim a reasonable discount on the purchase price of goods or digital content? In some situations you may be able to continue to claim a reasonable discount on the purchase price. This will not be possible where the defect in the goods or digital content is not significant. What will be the situations where you can claim a reasonable discount on the purchase price?

14.4.1 We refuse to remedy a defect in the goods or digital content or we have not remedied the defect within a reasonable time;

14.4.2 it is clear from our statement or other circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer;

14.4.3 the defect in the goods or digital content is repeated; or

14.4.4 it is a material breach of the contract of sale.

14.5 You tell us how to handle the complaint. If not, we will ask you. You are obliged to tell us what right you have chosen from the defective performance when you notify us of the defect or without undue delay after notification of the defect. You may not change the choice you have made without our consent; this does not apply if you request the repair of a defect that proves to be irreparable.

14.6 Return of the original goods. If you settle a claim by supplying new goods, you must return the goods originally supplied to us (unless we agree otherwise). We will refund you the purchase price of the goods once we have received the original goods purchased from you, or if you provide us with proof that you have dispatched the goods.

15 TERMINATION OF THE COMPLAINT PROCEDURE

15.1 If you have claimed the goods in person at our shop. After the claim has been settled, you will be notified of the termination of the claim by phone, SMS or e-mail and you will be asked to take delivery of the claimed goods without undue delay, no later than 30 days from the date you were informed of the termination. Upon receipt of the claimed goods, we will issue you with a written confirmation of the date and manner of handling the complaint, including confirmation of the remedy and the duration of the complaint procedure, or the reasons for rejecting the claim.

15.2 If you have sent the goods to us. If the claimed goods have been sent to us for the claim by a carrier, they will be sent automatically to the address you have given us after the claim has been processed. If applicable, we will give reasons for rejecting the claim.

15.3 If we're returning the purchase price. In the event that the claim is accepted as justified and you rightfully request a refund of the purchase price as a method of settling the claim, we will send you back the purchase price paid in cash to the bank account you specify in the claim form, no later than 14 days from the date on which you were sent confirmation of the method of settling the claim.

15.4 Acceptance of the claimed goods. You are obliged to take delivery of the claimed goods no later than 30 days from the day you were notified of the claim. After this period, we are entitled to charge a storage fee in accordance with § 2120 paragraph 1 in connection with § 2159 paragraph 2 of the Civil Code. A daily storage fee of 1 Euro is charged.

15.5 Sale of unclaimed goods. If you do not collect the goods from a settled claim within 6 months of being informed of the settlement, we reserve the right to sell the goods and use the proceeds to pay the storage charges.

15.6 Obligation upon receipt of the claimed goods. You are also obliged to check the completeness of the goods claimed upon receipt, in particular that the parcel contains everything it should contain. Later objections will no longer be taken into account.

16 CONCLUSION

16.1 Legal rights. The customer's statutory rights are not affected by this Complaints Procedure.

16.2 Validity. This Complaints Procedure (for consumers only) is valid from 6.1.2023 and invalidates the previous Complaints Procedures.