These General terms and conditions (hereinafter the “General Terms and Conditions“) apply to purchase contracts entered into via online store TRIMAKASI located at https://trimakasi.eu/ (hereinafter the “Website“) between
Trimakasi s.r.o., registered office: Bílkova 855/19, 110 00 Prague 1 – Old Town, Czech Republic
organisation ID (ICO): 06947654
VAT registered company: CZ06947654
registered in the Commercial Register maintained by the Municipal Court in Prague, file no. C 291883
delivery address: Petržílkova 1435/33, 158 00 Praha 13-Stodůlky, Czech Republic
phone number: +420 774 041 292
contact e-mail: firstname.lastname@example.org
and our customers, purchase parties (hereinafter “you”)
1.1. Content summary
By entering into the purchase contract with you we are obliged to deliver you the goods (hereinafter also the product/s) specified in your order made via our Website, whereas you accept the obligation to take over the goods and pay us the purchase price. In order to enter the purchase 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 withdraw from the contract after take-over of 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 and the other party is an entrepreneur. If the contract is considered to be the consumer contract, the customer has special protection and rights established by legal regulations and/or these General Terms and Conditions.
Therefore, if you are a consumer, the purchase contract is considered to be the consumer contract.
1.3. What are the documents in which the rights and obligations are described?
Primarily, our rights and obligations are governed by the contract consisting of the following documents:
- these General Terms and Conditions, defining the rights and obligations between you and our company;
- Complaints-handling Rules, used when dealing with a complaint;
- conditions and instructions set at the Website, especially when completing the order;
- order and acceptance of order.
Other rights and obligations 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 the ”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. The venue for any disputes is Prague; this does not affect the consumer’s rights arising from generally binding legal regulations
1.4. How shall you give my consent to the General Terms and Conditions?
You express your consent with these General Terms and Conditions while creating the order via Website as you tick a box “I have read and agree to the website terms and conditions”
1.5. What else should you know about the General terms and conditions?
If any of the provisions of the General Terms and Conditions is found to be 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 company reserves the right to make changes or additions to the General Terms and Conditions. Your rights and obligations shall always be governed by the General Terms and Conditions effective on the date we conclude the purchase contract. Changes or additions to the General Terms and Conditions can only be made in writing and we always publish effective wording of the General Terms and Conditions on the Website.
- 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 via our Website. The order must be accepted by us via e-mail as described further in these General Terms and Conditions. The purchase contract between us is concluded by this acceptance.
The presentation of our products at the Website is only informative and as such cannot be interpreted as a proposal for signing a contract pursuant. We are not obliged to enter into the contract regarding specific and presented goods on the Website.
2.2. How can you place an order?
You can place an order always via the Website by completing the form. Each order must contain all details specified in the form.
Before sending out the order form, you will receive from us a summary of your order including the final price (with all taxes, duties and fees). This summary is your last chance to change the entered data.
The order will turn into a binding one by pressing “ORDER AND PAY”. 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 you change or cancel an order already sent?
An order already sent but not yet accepted 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 you are not entitled to withdraw from the purchase contract and the order cannot be cancelled, we are entitled to compensation for the born costs we have already incurred in connections with your order.
2.4. How do you learn that you have received my order? When will the contract be concluded?
We will send you a notification via e-mail 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 considered to be concluded between us 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 considered to be concluded upon picking up the ordered goods.
2.5. Can you get the purchase contract in a paper format?
All contractual documentation will be distributed by e‑mail or.
All contractual documentation is archived electronically. The purchase contract shall not be accessible to third parties.
- PURCHASE PRICE
3.1. Does the purchase prices include all taxes and fees?
We are the VAT payer and the purchase price included the VAT and other taxes and fees as well.
3.2. 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 an evident error regarding the purchase price appears we are not obliged to deliver you a product at such an evidently wrong purchase price.
3.3. Can you combine various product discounts?
Unfortunately, you can’t. It is not allowed to combine various price discounts unless explicitly stipulated for a particular product.
- PAYMENT TERMS
4.1. How can you pay for the products?
You can pay for our products in the following ways:
- electronically, prior to the delivery of goods: Paypal
- electronically, prior to the delivery of goods: Stripe
- electronically, prior to the delivery of goods: Comgate
- 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. All methods of payment including fees are displayed at our Website on the page Payments and transport.
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 considered to be paid when credited to our bank account. If we do not receive the payment within the due date we may withdraw from the purchase contract.
4.3. Is it possible that our company asks me for a deposit or advance payment?
Please, remember that pursuant we are entitled to ask you for settling the full price of the goods (or for a deposit) before dispatching or delivering the goods.
5.1. How will you get your goods?
Various delivery methods including respective transport costs are displayed on the page Payments and transport.
The order always shows the final price including all transport costs.
5.2. When will you receive the goods?
The delivery of the 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.
The Goods currently in stock are shipped within 3 (three) business days from receiving your order or from crediting the payment to our account if you wish to pay cash-free.
The 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. On the contrary, we may consider your refusal to pick up the ordered goods as your withdrawal from the purchase contract and we may claim the costs born for shipping the goods back.
You become the legal owner of the goods after paying the full purchase price.
5.3 What steps shall you take when taking over the goods?
Upon the delivery of the goods please make sure that the packaging is undamaged. If you find some problems please, 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 you fail to take over 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 take over 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.
- WITHDRAWAL FROM THE CONTRACT
6.1. How can you withdraw from the purchase contract?
As a consumer you have the right to withdraw from the Purchase contract without specifying a reason within 14 (fourteen) days from taking over the goods (if the delivery is composed of several pieces of goods the term “taking over goods” means the take over of the last piece). In case of withdrawal of contract, please, use the model form.
This article of the General Terms and Conditions applies only if you are a consumer.
6.2. What will be the consequences of the withdrawal from the contract?
By withdrawal from the contract the entire purchase contract shall become null and void and be seen from that point as never concluded.
If the delivery contains the ordered goods plus a gift (given to you with your consent) the donation contract shall become, upon the withdrawal from the purchase contract by either party, null and void as well. Please, send us the gift back together with the returned goods.
6.3. How shall you return the goods?
You have to send back the goods within fourteen (14) days from withdrawal from 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 the goods
- written statement of the withdrawal from 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 withdraw from the contract by law.
6.4. When will you get back my money?
You will receive all your money within 14 (fourteen) days from withdrawal from 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 back to our company.
Along with the money equal to the purchase price, you are entitled to be compensated for the 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, please 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. If the goods are damaged, worn-out, soiled or incomplete we are not obliged to accept the withdrawal from the purchase contract and we may send the goods back to you for your costs.
6.6. When are you not allowed to terminate the contract?
You are not allowed to terminate the contract if the goods has been modified based on your wish or for you.
6.7. When we may terminate the contract?
Our company reserves the right to withdraw from 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 via e-mail, without undue delay, of our withdrawal from 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).
- DEFECTIVE PERFORMANCE
When exercising your rights arising from defective performance we will proceed in accordance with our Complaints-handling rules.
- FURTHER INFORMATION FOR CONSUMERS
8.1. What licences do we have?
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. What rights do you 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/.
- COPYRIGHT, LIABILITY AND USE OF WEBSITE
9.1. Is the content of the Website protected by copyright?
The content of our Website located (texts, 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.
Names and designations of products, services, companies and firms may be protected by the trademarks of respective owners.
9.2. Liability and using the 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. We are not liable for these third-party websites.
The General terms and conditions come into force and effect as of 3 May 2018.