Terms of Trade
A. Introductory provisions
1. These terms of trade apply for purchases at the www.tribo.cz internet store. They define the conditions that are binding for both parties, and further define and specify the rights and obligations of the retailer (operator) and the purchaser (customer).
B. Ordering and concluding the sales contract
1. All orders submitted via the tribo.cz internet store are binding. By submitting an order the purchaser confirms that he has acquainted himself with these terms of trade as well as with the warranty claim guidelines, and that he agrees with them.
2. The subject of the contract is limited to the goods listed in the sales contract/order. The dimensions, weight, performances, capacities and other data given on the tribo.cz website, in catalogues, brochures and other printed matter are not binding and are based on data supplied by the manufacturers.
3. The order is the draft sales contract. The sales contract originates at the moment of acceptance of the ordered goods by the purchaser. The formal confirmation of the order by the retailer is required for the conclusion of the sales contract. In individual, mainly higher-price cases, the retailer retains the right to originate the contract by confirmation of the order or the payment of a financial deposit by the purchaser. In the case of collection in person, the internet order is non-binding and the sales contract will originate at the permanent business premises when the goods are collected in person.
5. The validity of an electronic order depends on the completion of all the data in the form.
6. The goods delivery location is the address given by the purchaser in the registration form. The performance location is the retailer’s warehouse where the retailer hands over the goods to the carrying-agent, or the location where the goods are collected in person.
7. The proprietary right to the goods is transferred to the purchaser when the purchase price is paid and the goods are accepted.
8. By filling in the registration form or a binding order at the tribo.cz internet store, the purchaser gives his agreement to the retailer for the collection and archiving of the purchaser’s personal and purchasing data. The operator of the tribo.cz internet store agrees not to provide any personal data obtained from purchasers to any third parties and only to use it for his own needs.
9. The retailer is always
entitled, depending on the character of the order (the quantity of
goods, the price, the transport costs, the distances involved and so
on) to require the purchaser to authorise the order in a suitable
manner such as in writing or by telephone. An order will be considered
invalid if the purchaser refuses to perform this authorisation in the
required manner. The retailer also reserves the right to cancel an
order in the event of a typographical error in the price.
C. Price and payment
The prices given on the tribo.cz website are valid at the moment of ordering. The retailer reserves the right to errors and changes in prices in the event of changes to exchange rates, significant inflation or in the case of significant changes in the delivery conditions of manufacturers and other suppliers of goods. The purchase price will be considered as paid only after the whole purchase price for any independent part of a delivery appears on the retailer’s account or after the payment of the whole amount in cash at the retailer’s outlet or to the employee of the carrying-agent. The invoice issued on the basis of the sales contract between the retailer and the purchaser also serves as both the tax document and the delivery note. The purchaser may only accept the goods after they have been fully paid for, unless agreed otherwise. The price of the goods will include a sum for delivery to the location designated by the purchaser. In the event that the purchaser pays in advance and the retailer is unable to deliver the selected goods, the retailer will return the performance to the customer in the agreed manner without delay. The deadline for this depends on the method used for the return (bank transfer or post office transfer order).
D. Delivery period
The delivery period commences on the day the binding order is received, on condition that all the materials needed for its timely processing are supplied. In the event that the goods are in stock, the retailer will despatch them, i.e. will hand them over to a carrying-agent, on the subsequent working day after receipt of the order. In the event that the ordered goods are not in stock or they cannot be handed over to the carrying-agent within five working days from the receipt of the order, the retailer will notify the purchaser of this situation and will also inform him of another preliminary delivery date, or will offer a different product, comparable to the original. In such a case, however, the retailer must request the agreement of the purchaser.
E. Delivery conditions and postage
1. Package delivery options:
- Czech Post
- Collection in person
2. An overview of payment options and their prices:
- Cash on delivery (in cash at the post office or to the carrying-agent’s driver on handover of the goods)
- Non-cash bank transfer against a pro-forma invoice
- Cash payment in the case of collection in person
3. The delivery date depends on the delivery method selected and the delivery conditions of the selected carrying-agent. The purchaser must properly accept the goods from the carrying-agent, check to ensure that the packaging has not been interfered with, check the number of packages and in the event of any deficiency whatsoever notify the carrying-agent of the situation without delay. If the packaging appears damaged and there is a suspicion that it has been interfered with, the purchaser is recommended not to accept the package in his own interest! By acceptance of the package the purchaser confirms that the package has fulfilled all the conditions and requisites given above and no later claim based around damage to the packaging will be accepted. The invoice, which also serves as a tax document, is enclosed inside the package.
F. Withdrawal from the sales contract (returning goods)
Pursuant to paragraph 6 of amendment to the Civil Code No. 367/2000 the purchaser has the right to withdraw from the contract within 14 days from acceptance of the goods. If he so decides, he must return the undamaged goods, without any sign of use or wear and tear, in the original packaging within the given deadline (the sending date is decisive), but not in the form of cash on delivery. Upon receipt of the returned goods the retailer will immediately return the corresponding funds in the previously agreed manner.
The purchaser cannot withdraw, pursuant to paragraph 7, from a sales contract:
1.) For the provision of services, if their performance was begun with his agreement before the expiration of 14 days from the acceptance of the performance,
2.) For delivery of goods or services whose price depends on deviations in the financial market independent of the will of the supplier,
3.) For the delivery of goods adjusted according to the wishes of the consumer or for him, or for goods that rapidly deteriorate, wear out or age,
4.) For the delivery of audio and video recordings and computer programs if the consumer has opened the original packaging,
5.) For the delivery of newspapers, periodicals and magazines,
6.) Connected to a competition or a lottery.
All the documents relating to the purchase must be included inside the returned package. The funds for the returned goods will be paid to the customer via a postal order or to their bank account. By payment in advance or in the form of a pro-forma invoice that modifies the price, the customer forfeits the right to withdraw from the sales contract. Likewise, collection of the goods in person forfeits the right to withdraw from the sales contract.
G. Rights and obligations of the retailer
a) The retailer must process a binding order and send the ordered goods within the period given on the order and deliver them to the purchaser’s address.
b) All personal data provided during registration is confidential.
c) The retailer has the right to refuse an order if the purchaser repeatedly does not comply with his commitment to take delivery of goods and pay the purchase price.
d) The retailer has the right to withdraw from the sales contract (a binding order) if performance becomes impossible, unless he agrees with the purchaser on a new performance.
H. Rights and obligations of the purchaser
a) The purchaser must provide his full and correct postal address to which the ordered goods are to be sent.
b) The purchaser must take delivery of the ordered goods and pay the total price, including any eventual postage charges. The customer is informed of the final price when filling in the order before its binding confirmation.
c) The purchaser has the right to cancel an order already sent or to return the goods within 14 days from the date of delivery – see the terms of trade.
I. Warranty claims
1. Any eventual warranty claims will be resolved pursuant to the warranty claims guidelines of the tribo.cz internet store and the body of laws valid in the Czech Republic.
2. A warranty claim on the goods may be exercised with the operator pursuant to the conditions of the warranty claims guidelines at the address: email@example.com.
3. Send the goods subject to the warranty claim in their original packaging. The carrying-agent is not liable for badly packed packages. The manufacturer usually does not recognise warranties for goods damaged during transport even if the fault appeared before such transport.
For more details see the warranty claims guidelines.
J. Final provisions
1. These terms of trade are valid in the wording given on the retailer’s website on the date the purchaser sends the electronic order.
2. By sending an electronic order the purchaser, without reservation, accepts all the provisions of the terms of trade in their wording valid on the day he sends the order, and also the valid price of the ordered goods including any delivery or postal charges valid on the day he sends the order and given in the catalogue of the tribo.cz internet store, unless demonstrably agreed otherwise in specific cases. The purchaser is irrevocably bound by a sent order.
3. The participants have expressly agreed, in the sense of the provisions of Section 262 paragraph 1 of the Commercial Code, that unless expressly stipulated otherwise in the conditions, their rights and obligations will be subject to the Commercial Code, in particular the provisions of Section 409 and subsequent.
These conditions became valid on 1 September 2005
The warranty claims guidelines contain information for the customer when exercising a warranty claim on goods purchased at the tribo.cz internet store.
I. General warranty claim conditions
1. Obligations of the purchaser
The purchaser must examine the delivered goods and inform the retailer of any discovered faults without undue delay.
The purchaser may submit a justified warranty claim in one of the following ways:
a) To the operator’s e-mail address.
b) By post to the operator’s address.
c) Using the warranty claim form.
d) By delivery in person.
The purchaser must:
a) State the order number (this is sent with the order confirmation in the e-mail or given in the statement of orders)
b) Give as detailed a description as possible of the faults and how they are manifested. If the fault does not appear continually, it is important to state the conditions under which it does appear.
c) Enclose a document demonstrating his ownership of the goods (the invoice and the delivery note)
2. Obligations of the retailer
retailer will make a decision regarding the warranty claim at the
latest within 3 working days and notify the purchaser of his decision
by e-mail, unless he agrees otherwise with the purchaser.
The warranty claim including the faults will be resolved without undue delay, at the latest within one month from the date the warranty claim was exercised, unless the retailer and the purchaser agree otherwise.
The retailer agrees to rectify
a fault in the goods which is the subject of a justified and properly
exercised warranty claim by repairing the goods or replacing them with
the same product or with a similar product (which however will have the
same specifications as the original product). Only the retailer may
decide on the method of compliance with the warranty claim.
II. Warranty claims exercised within the warranty period
1. General provisions
warranty claim guidelines have been based around the Civil Code and
relate to goods subject to warranty claims within the warranty period.
All goods come with an invoice and delivery note, which may also serve as the warranty certificate if this is not also enclosed (this depends on the manufacturer). The customer confirms his acceptance of the goods and his agreement with the warranty conditions by signing the delivery note. If the goods were not collected in person, the goods are understood to be accepted at the moment when they are accepted from the carrying-agent.
If the customer discovers any difference between the delivery note and the goods actually delivered (regarding type or quantity) or did not receive a properly completed delivery note with the package, he must immediately send (at the latest within 72 hours) a written statement addressed to the retailer who prepared the invoice. If he does not do so, it is possible that a later warranty claim will not be recognised.
2. Warranty conditions
a) The warranty period is (among other things) given on the delivery note or warranty certificate. This period begins on the date the invoice is issued to the purchaser for the goods in question and is extended by any time that the product undergoes warranty repairs. The retailer provides a warranty on the sold goods pursuant to generally binding legal regulations. In the event of a replacement the warranty period will not be extended. The customer will receive a new warranty certificate that will state the new and the original serial numbers. Any subsequent warranty claim will be exercised on the basis of this delivery note. Unless stated otherwise for a specific product, the warranty period for products from all brands is 24 months.
b) The customer will deliver, at his own cost and risk, the goods subject to the warranty claim to the address of the retail centre –Tribo, Lesnická 4, 150 00, Prague 5, tel / fax: +420 251 510 023, opening hours -? (a visit in person must be arranged in advance).
goods must be in the original packaging and complete, including manuals
and any other accessories. A copy of the delivery note for each item
must be included along with a precise description of the faults and the
frequency with which they appear.
c) After resolving the warranty claim the servicing centre will call the customer to collect the goods, or will send them back to him at its expense and the customer’s risk.
e) The right to make a warranty claim will lapse in the following cases:
- If the goods are damaged during transport (such damage must be resolved with the carrying-agent upon acceptance),
- If the security seals and stickers (if present on the product) have been interfered with,
- Incompetent installation, handling or operation, or use in a manner that contradicts the user guide or the product’s purpose,
- Mechanical damage or wear,
- The use of the goods in conditions that contradict those given in the product’s documentation,
- The goods were damaged by a natural phenomenon such as a lightning strike or other atmospheric discharge, by fire or water or by other non-standard phenomena such as a current surge in the electricity or telephone network,
- The goods were damaged by excessive loading or used in contradiction with the conditions given in the documentation,
- The goods were damaged by connection to a network not complying with the applicable ČSN,
- If the warranty claim is not justified we will be forced to charge for a repair.
- If incomplete accompanying documentation is repeatedly submitted (the delivery note etc.) the supplier is entitled to charge the customer CZK 100 for finding these documents.
The retailer has the right to
refuse a warranty claim relating to goods if there is clear evidence of
intentional damage and so on.
f) The supplier reserves the right to replace faulty and non-repairable goods with other goods with the same specifications.
3. Final provisions
These warranty claim guidelines came into effect on 1 September 2005. The right to amend the warranty claim guidelines has been reserved.