The General terms and conditions (hereinafter „General terms and conditions“) apply to contracts entered into via online store TRIMAKASI located at https://trimakasi.eu/ (hereinafter „website“) between

our company:

Trimakasi s.r.o., registered office Bílkova 855/19, 110 00 Praha 1 – Staré Město

organisation ID (ICO): 06947654

not registered for VAT

recorded in Company Register maintained by City Court in Prague, Section C, File 291883

delivery address: Trimakasi s.r.o., Bílkova 855/19, 110 00 Praha 1 – Staré Město

phone number: +420 774 041 292

contact e-mail: info@trimakasi.cz

 

  1. PREAMBLE

1.1. Content summary

By signing the purchase contact we accept the obligation to deliver you the goods (hereinafter also product/s) specified in the order, whereas you accept the obligation to pick up the goods and pay us the purchase price. In order to sign the contract you must place an order and have it accepted by us (see Article 2).  Pricing details are described in Article 3. Various payment methods and delivery can be found in Article 4 and Article 5. Information about how to terminate the contract after picking up the product are described in Article 6. The way of handling claims and complaints is governed by our Complaints-handling rules.

1.2. Is the purchase contract a consumer contract?

A consumer contract is a type of contract in which one of the parties is a consumer i.e. a natural entity buying the product for other purposes than for business or for doing a job. The consumer  contract is a must for ach consumer to enjoy protection by law or under the General terms and conditions.

 

1.3. What are the documents in which the rights and duties are described?

Primarily, it is the contract consisting of the following documents:

  • the General terms and conditions, defining  the rights and duties between you and our organisation;
  • Complaints-handling rules, used when dealing with a complaint;
  • Principles of personal data protection, defining the protection of your personal data;
  • conditions and instructions set at the website, especially when signing the contract;
  • order and acceptance of order by you,

Other rights and duties not described in the purchase contract are governed by Czech law, namely by the following:

  • Act no. 89/2012 Coll., Civil Code, as amended (hereinafter „Civil Code“);
  • Act no. 634/1992 Coll., on Consumer protection as amended  (applies to consumers only).

If your residence or head office is located outside the Czech Republic or if our contractual relationship contains any international element it is assumed that our relationship is governed by Czech law. If you are a foreigner whose home country provides  a higher level of consumer protection than Czech law this higher level of protection shall prevail.

1.4. How shall I give my consent to the General terms and conditions?

You must first send us the order and tick a relevant box at the website used as evidence that you have read the General terms and conditions and agree to abide by them.

1.5. What else should I know about the General terms and conditions?

If any of the General terms and conditions is found invalid, ineffective or unenforceable (or becomes such) the provision with the nearest meaning shall be applied. This will not prejudice the validity of other provisions.

 

Our organisation reserves the right to make changes or additions to the General terms and conditions. Your rights and duties shall always be governed by the current General terms and conditions. Changes or additions to the General terms and conditions can only be made in writing.

 

  1. PURCHASE CONTRACT

2.1. How can one enter into a purchase contract?

To be able to enter into a contract you must send us the order in accordance with the General terms and conditions. The order must be accepted by us. Note: The presentation of our products at the website is informative only and as such cannot be interpreted as a proposal for signing a contract pursuant to §1732 Para. 2 of Civil Code.

2.2. How shall I place an order?

You can place an order always via the website by completing the form or in another way enabled for our web. Each order must contain all details specified in the form.

Before sending out the order form, you will receive from us a recapitulation (summary) of your order including the final price (with all taxes, duties and fees). This recapitulation is your last chance to change the entered data.

 

The order will turn into a binding one by pressing „OBJEDNAT“ (“ORDER”). The data contained in the binding order shall be regarded as correct and complete. In the case of any later changes to this data, please, let us know immediately by phone or by e-mail.

2.3. How can I change or cancel an order already sent?

An order already sent but not yet received by us can be cancelled or changed by phone or by e-mail.  However, all orders already accepted are regarded as binding ones. No later cancellations or changes will be recognised except when agreed with us. If an order does not enable terminating the contract (for more details see Article 6) our company is entitled to compensations of costs incurred in connection with the contract.

2.4. How do I learn that you have received my order? When will the contract be signed?

We will send you a notification as a proof of receiving your order. This notification is sent out automatically and does not mean that your order has been accepted.

Purchase contract is deemed signed once you receive from us at your e-mail address (specified in your order) the information of our acceptance of your order. Otherwise the purchase contract is deemed signed upon picking up the ordered goods.

2.5. Can I get the purchase contract in a paper format?

All contractual documentation will be distributed by e‑mail or, if requested by you, delivered by post as a document printed on paper. Our company may charge fee for postal services.

All contractual documentation is archived electronically The purchase contract shall not be accessible to third parties.

 

  1. PRICE

3.1. Is it possible that the price displayed at the website will change?

If any price displayed at the website becomes out of date during the ordering process we will let you know immediately. However, later price changes will not affect orders accepted in the meantime (i.e. between your sending and our receiving the order).

If you make an evident technical error when specifying the price via the website or, when ordering the product we are not obliged to deliver you a product at such an evidently wrong price.

 

 

3.2. Can I combine various product discounts?

No, you can’t. It is not allowed to combine various price discounts unless explicitly stipulated for a particular product.

 

  1. PAYMENT TERMS

4.1. How can I pay for the products?

You can pay for our products in the following ways:

  • cash on delivery;
  • electronically, prior to the delivery of goods, by transfer to our bank account (you will find the instructions in the confirmed order).

Alternatively, you can use other payment method. The methods including fees are displayed at our website.

4.2. When is the due date?

When paying in cash, the due date is the date of picking up the goods. The due date for cash-free payments prior to the delivery of goods is within 5 (five) days from receiving the order. The price is deemed paid when credited to our bank account. If we do not receive the payment within the due date we may terminate the contract.

 

4.3. Is it possible that your company asks me for a deposit or advance payment?

Please, remember that pursuant to § 2119 Para. 1 of Civil Code we are entitled to ask you for settling the full price of the goods (or for a deposit) before dispatching or delivering the goods.

 

  1. DELIVERY

5.1. How will I get my goods?

Various delivery methods including respective transport costs are displayed on the page Payments and transport. You can select a specific way of delivery in your order form.

The order always shows the final price including all transport costs.

5.2. When will I receive the goods?

The arrival of goods always depends on the availability of a particular product and the selected transport and payment method/s. Please, bear in mind that it is beyond our powers to influence transport carried out by external transport providers. In case of some shipment problems, please contact us so that we can resolve the problem with the transport provider.

Goods currently in stock are shipped within 3 (three) business days from receiving your order (applies to COD) or from crediting the payment to our account (applies to cash-free payments).

Goods not currently in stock are shipped once this is possible. We will keep you up to date about the exact date of the arrival of your goods.

The term “delivery of goods” under the General terms and conditions means the time of delivering the ordered goods to your destination. Your refusal to pick up the ordered goods without a reason will not be regarded as our failure to deliver the goods or as our termination of the contract.

You become the legal owner of the goods after paying the full purchase price.

5.3 What steps shall I take when picking up the goods?

Upon the delivery of the goods make sure that the packaging is undamaged.  If you find some problems do immediately call the transport provider and us. Your refusal to accept a delivery with a damaged packaging will not be regarded as a “refusal to pick up ordered goods without a reason”.

Once you collect the goods (or are supposed to pick up the goods but fail to do so) you are responsible for any accidental destruction, damage or loss of the goods.

5.4. What will happen if I fail to pick up the goods?

If, because of a reason on your part, the delivery must be repeated or a delivery method different from what was agreed used you must pay the costs spent on such a delivery.

If you fail to pick up the goods without a reason we may claim compensation of all costs spent on the delivery and storing of the goods as well as other costs incurred because of your failure to pick up the goods.

In the case of COD we have the right to terminate the contract. If you have already paid the purchase price (cash-free payment prior to the delivery) we may use an alternative way of selling the goods (called “self-help sale”) under § 2126 of Civil Code.

 

  1. TERMINATION OF CONTRACT

6.1. How can I terminate the purchase contract?

As a consumer you have the right to terminate the Purchase contract without specifying a reason within 14 (fourteen) days from picking up the goods (if the delivery is composed of several pieces of goods the term “picking up goods” means the pickup of the last piece). We recommend that you inform us of terminating the purchase contract at our deliver address or by e-mail. and, immediately send us the goods to the delivery address. In case of termination of contract, please, use the model form.

6.2. What will be the consequences of terminating the contract?

By terminating the contract the entire purchase contract shall become null and void and be seen from that point as never signed.

If the delivery contains the ordered goods plus a gift (given to you with your consent) the donation contract shall become, upon the termination by either party, null and void. Please, send us the gift back together with the returned goods.

 

6.3. How shall I return the goods?

You have to send back the goods within fourteen (14) days from terminating the purchase contract to our registered address. Please, don’t use COD. This method may not be accepted.

We recommend you attach the following documents to the returned goods:

  • a copy of the bill of delivery and invoice (if issued) or another document proving the purchase of goods
  • written statement of terminating the contract (using our form or in another way) and the chosen method of refunding.

The failure to submit any of the above documents shall not be seen as an obstacle to our accepting of your right to terminate the contract by law.

6.4. When will I get back my money?

You will receive all your money within 14 (fourteen) days from terminating the contract. Please, remember that we may not refund you before we receive the returned goods or get a proof of your sending us the goods.

Along with the money equal to the purchase price, you are entitled to be compensated for all delivery costs spent on returning the goods. The compensation will be derived from the cheapest delivery method.

You will receive your money in the same way as used by you (unless you select, within 10 (ten) days, a different way with additional costs incurred) or any method required.

All costs of sending the returned goods back to our address including when the goods cannot be returned due to the specific nature by standard post shall be borne by you.

6.5. What if the returned goods are damaged?

When returning the goods, wrap the goods in a suitable packaging to avoid damage or destruction.

It is the consumer’s responsibility to make sure that the returned goods is not damaged, worn-out, soiled or incomplete.

6.6. When am I not allowed to terminate the contract?

You are not allowed to terminate the contract in cases defined in  §1837 of Civil Code.

6.7. When your company may terminate the contract?

Our company reserves the right to terminate the contract in the following cases:

  • if we don’t receive the payment equal to full purchase price within the due term or you fail to pick up the goods ;
  • the product is not available (for objective reasons such as end of production, end of supplying goods to the Czech Republic etc.) and cannot be delivered under the originally agreed conditions
  • it is impossible or illegal to deliver the goods.

If any of the above circumstances occur we will let you know, without undue delay, of our termination of the contract.

If you already paid the purchase price (in full or in part) we will refund the correct amount within 5 (five) days from terminating the contract to your account (a specified account or the same account as the one from which you paid for the goods).

 

  1. DEFECTIVE PERFORMANCE

Your rights from defective performance shall be governed by the relevant legislation (in particular the provisions of §1914 to 1925, §2099 to 2117 and, if you are a consumer,  §2158 to 2174 of Civil Code). When exercising your rights arising from defective performance we will proceed in accordance with our Complaints-handling rules.

 

  1. FURTHER INFORMATION FOR CONSUMERS

8.1. What licences do you have to do your job?

We do our job, sales of goods, based on a trade license. Our activities are not subject to any other authorisations or licences.

8.2. How do you handle complaints?

Any potential complaints are handled via our contact e-mail. Furthermore, you can contact the competent Trade licensing office or the Czech trade inspection authority

8.3. What rights do I have in terms of a dispute arising from the contract?

If a potential dispute between you (a consumer) and our organisation arising from the contract is not successfully resolved you have the right to bring this dispute to the Czech trade inspection authority (http://www.coi.cz/) to seek an alternative remedy. You can exercise this right within one year from your first claim subject to this dispute.

In order to lodge complaints dealing with products or services purchased from us and to search for an entity enabling alternative dispute solution you can use a relevant online platform established by the EC at: http://ec.europa.eu/consumers/odr/.

 

  1. COPYRIGHT, LIABILITY AND USE OF WEBSITE

9.1. Is the content of your website protected by copyright?

The content of our website located at the website (texts including General terms and conditions, photos, images, logos, software and other elements) is protected by our copyright or other third-party rights. It is forbidden to modify, copy, reproduce, distribute or use the content for any purposes without our consent or the consent from the holder of the copyright. Allowing people to access photos and texts placed on the website (against fee or toll-free) is strictly prohibited.

Names and designations of products, services, companies and firms may represent protected trademarks of respective owners.

9.2. Liability and using of website

We are not liable for any errors incurred as a result of a third party interference with or due to inappropriate using of the website. When interacting with the website, it is prohibited to use procedures that might disrupt the functionality of the system or overload the system.

If you commit any illegal or unethical act when using the website we may restrict, suspend or terminate your access to the website without any compensation. You are also required to compensate us for all the damage evidently caused by your action under this paragraph.

Note: By clicking on some links at our website you may exit the website and be redirected to a third-party website.

The General terms and conditions come into force and effect as of 3 May 2018.