General Terms and Conditions of Sale

Contact details of the e-shop operator:

Tri Fun Fit, s.r.o.

Company ID: 04360419

VAT No.: CZ04360419

Registered office: Na Dlaskově 94, 25169 Velké Popovice - Brtnice

Contact telephone no.:  +420 776 26 32 02

Opening hours: Mon-Fri 9:00 to 5:00 p.m.

(hereinafter referred to as the “Seller”)

I General Provisions

These General Terms and Conditions of Sale (hereinafter also referred to as the “Terms and Conditions”) apply to the purchases executed at the Seller’s on-line shop operated on the Internet at www.trifunfit.com (hereinafter also referred to as the “e-shop”). They specify and clarify the rights and obligations of the Seller and the Buyer in detail.

All contractual relations are governed by the law of the Czech Republic. If the Buyer is a consumer, the relations not provided for in these Terms and Conditions shall be governed by Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on consumer protection.

The consumer is a natural person who does not act within the framework of his/her commercial or other entrepreneurial activities or within the framework of his/her independently performed profession when concluding or performing the contract.

The Buyer who is not a consumer shall act in accordance with the Terms and Conditions in the scope applicable to the Buyer, and with the Civil Code.

Acceptance of any offer containing additions or deviations shall not be considered to be acceptance of the offer. Acknowledgement of the content of a contract concluded in other than a written form, showing deviations from the actually agreed content of the contract, shall have no legal effect.

Should the entrepreneur deliver any unsolicited goods to the consumer and the consumer enters upon their possession, the consumer shall be considered to be their lawful possessor. Should a situation as described in the previous sentence occur, the consumer shall not be (obliged) to return anything or to announce it to (the entrepreneur) at his/her own expense.

In the case of delivery of special goods or the goods that the Seller has not in stock or the goods in an amount that is not common, the Seller may require an advance deposit to be paid for the goods. The Seller is obliged to inform the Buyer about the requirement of an advance deposit immediately. The Seller is always entitled to require an advance deposit to be paid for the goods in the Seller's offer marked as such and for the goods modified according to the requirements of the Buyer.

II Contract of Purchase

If the Buyer is a consumer, the placement of offered goods on the e-shop site shall be considered to be the draft contract of purchase, and in this case the contract of purchase is concluded when the Buyer sends his/her properly completed order at the e-shop. The Seller shall confirm the Buyer at the e-mail address provided by the Buyer that his/her order was received.

Unless the Buyer is a consumer, the order of goods placed by the Buyer shall be considered to be the draft contract of purchase and the contract of purchase is concluded at the moment of delivery of the Seller’s binding agreement with this proposal.

By concluding the contract of purchase, the Seller becomes obliged to deliver the ordered goods to the Buyer and to transfer the ownership right to him/her, and the Buyer becomes obliged to take over the ordered goods and pay the Seller the agreed purchase price.

These Terms and Conditions and the Complaints Procedure make up an integral part of the contract of purchase. The Buyer declares that he/she has got acquainted with these Terms and Conditions and the Complaints Procedure in detail.

III Delivery Terms

The goods available in stock are usually sent within 3 working days from the date of order confirmation; in the case of a cashless form of payment within 3 working days from the date of crediting the purchase price to the bank account of the Seller. The goods that are not in stock shall be delivered by the Seller complete, not later than 15 days from the order confirmation or, alternatively, from the payment of the purchase price when the payment is made in a cashless form, provided that the stated deadline for delivery of the respective ordered goods is different.

For the price list and the available methods of delivery see here.

The delivery price includes a fee for shipping and handling. Ordered goods will be sent to the given name and address of the Buyer in the Czech Republic. Goods abroad are delivered only to the Slovak Republic. For the shipments within the territory of the Czech Republic, the Seller will not charge the price for supply of goods if the value of the goods ordered amounts to at least CZK 2,000. For the shipments within the territory of the other EU countries , the Seller will not charge the price for supply of goods if the value of the goods ordered amounts to at least EUR 250.

The Seller shall deliver the Buyer any documents and certificates relating to the ordered goods that are necessary for the acceptance and use of the goods.

IV The Purchase Price and the Terms of Payment

The prices of the goods at the e-shop are listed as the final prices (i.e. including any taxes and charges, if applicable), except for obvious errors. The for delivery of goods is also listed as the final price.the price for delivery of the goods. For shipments within the Czech Republic, the price of goods is listed in Czech crowns. For shipments to the other EU countries, the Buyer will be charged a price in euros at the exchange rate of EUR 27.5 euros, and the payment will also be made in Euros.

The purchase price shall always correspond to the price of the goods listed at the e-shop at the time when an order was sent. The Seller is entitled to unilaterally change the prices of goods; such a change shall not have any effect on the orders that have already been shipped.

The method of payment of the purchase price shall be determined by the choice made by the Buyer within each order. The Buyer can make his/er choice from the following options:

For shipments in the Czech Republic:

a) Paypal and via a credit card to Paypal - the Paypal system offers the possibility to settle the purchase price of goods by a credit card (Visa, Mastercard, American Express, and Diners). To be able to make a payment by a credit card on Paypal, the Buyer may or needs not to be registered in Paypal.

b) cash on delivery of goods - The Buyer will pay the purchase price in cash upon receipt of the consignment to the carrier delivering the goods. The payment of the purchase price is a condition for handing over the goods.

c) transfer to a bank account - the Buyer will pay the purchase price by bank transfer to account no. 115-1044890257/0100 of the e-shop kept by Komerční banka. The purchase price must be credited to the said bank account no later than within 7 working days, otherwise the order will be automatically cancelled.

d) online by a credit card - the purchase price is paid by the Buyer at the moment when the payment is executed by a credit card via the 3D Secure (Global Payments Europe) online payment gateway of Komerční banka and the goods will be shipped the next business day. Payments can be made with Maestro, Mastercard, Visa, Visa Electron, and Diners Club International cards.

For shipments in the other EU countries:

All payments for shipments in the territory of the other EU countries must be executed in Euro.

a) Paypal and via a credit card to Paypal - the Paypal system offers the possibility to settle the purchase price of goods by a credit card (Visa, Mastercard, American Express, and Diners). To be able to make a payment by a credit card on Paypal, the Buyer may or needs not to be registered in Paypal.

b) transfer to a bank account - the Buyer will pay the purchase price by bank transfer to the EUR account of the e-shop IBAN CZ9601000001151188400237, BIC/SWIFT code KOMBCZPPXXX kept by Komerční banka. The purchase price in euros must be credited to the said bank account no later than within 7 working days, otherwise the order will be automatically cancelled.

d) online by a credit card - the purchase price is paid by the Buyer at the moment when the payment is executed by a credit card via the 3D Secure (Global Payments Europe) online payment gateway of Komerční banka and the goods will be shipped the next business day. Payments can be made with Maestro, Mastercard, Visa, Visa Electron, and Diners Club International cards.

d) We do not deliver any cash on delivery shipments on the territory of the other EU countries.

V Acquisition of the Ownership Title, Passage of the Risk of Damage

The ownership title to the goods shall pass to the Buyer upon the moment when the Buyer takes the goods over at the point of delivery specified by him/her in the order. The risk of damage shall pass to the Buyer concurrently with the passage of the ownership title.

The same consequence as upon takeover of the goods also occurs in case the Buyer fails to take over the goods despite the fact that he/she was allowed to dispose of the goods. Any damage to the goods suffered after the moment when the risk of damage to the goods passed to the Buyer shall not affect the obligation of the Buyer to pay the purchase price. If the Buyer fails to take over the goods within the agreed time, he/she shall be obliged to pay the Seller a fee for storage in the usual amount for every one, even just commenced, day of delay. The Seller shall notify the Buyer of such a delay in taking the goods by means of an e-mail message and allow him/her a reasonable additional period for the takeover. Should the Buyer fail to take the goods over during the additional determined period, the Seller shall be entitled to sell the goods in an appropriate manner and to charge the Buyer any storage costs and expenses incurred due to vain supplies because of lack of cooperation on the Buyer’s side. 

VI Liability for Defects, Complaints, Warranty

The terms and conditions of the Seller's liability for defects, as well as the ways of lodging a complaint, the deadlines for a complaint, the Buyer’s claims for defects are provided for in detail in the Complaint Procedure of the Seller, which is an integral part of these Terms and Conditions (hereinafter referred to as "Complaints Procedure")

For the Complaints Procedure see here.

VIII The Buyer’s Right of Withdrawal

For distance contracts, the consumer has the right to withdraw from the contract without giving a reason within 14 days from the date of receipt of the goods or the last part of the shipment irrespective of the manner of receipt of the goods or the chosen method of payment. The consumer is also entitled to withdraw from the contract at any time prior to delivery of the goods.

The contract withdrawal shall be sent or handed over by the consumer to the Seller within the aforementioned 14-day period. In the contract withdrawal, the consumer shall indicate the date of purchase or the sales document number, bank details and the preferred method of the item return.

If the consumer withdraws from the contract, he/she shall send or transmit the goods received from the Seller without undue delay but not later than within 14 days from withdrawal from the contract.

If the consumer withdraws from the contract, the Seller shall return to him/her all the funds, including the cost of delivery, that the Seller received from the Buyer on the basis of the contract without undue delay but not later than within 14 days from the withdrawal from the contract. The Seller shall return the received financial means to the consumer in a different way if the consumer has agreed with it and if he/she does not incur additional costs due to it

If the consumer has chosen other than the cheapest of the goods delivery methods offered by the Seller, the Seller shall return the consumer the costs of goods delivery in the amount corresponding to the cheapest offered method of goods delivery.

If the consumer withdraws from the contract of purchase, the Seller shall not be obliged to return the received funds to the consumer before the consumer hands the goods over to the Seller or indisputably proves that he/she sent the goods to the Seller (the goods cannot be returned using cash on delivery).

The goods must be returned complete to the Seller, preferably in the original packaging, and must not show signs of wear or damage. The cost of returning the goods shall be borne by the Buyer.

The consumer is responsible to the Seller for any reduction in the goods value caused by handling the goods in a manner different from the handling method required with regard to its nature and properties.

If the returned goods have been damaged due to violation of the Buyer’s obligations, the Seller shall be entitled to make a claim against the Buyer to compensation for a reduction in the value of the goods and to offset it to the returned amount.

The consumer cannot withdraw from the contract for the delivery of digital content if the content has not been delivered on a material medium, or withdraw from the contract for the provision of services if the digital content was delivered or services were rendered with his/her previous explicit consent before the end of the deadline for withdrawal from the contract for the supply of goods or services, including the supply of alcoholic beverages, the price of which depends on the deviations of the financial market, independently of the will of the entrepreneur, for the supply of any goods that have been modified according to the wishes of the consumer or for the consumer personally, for the supply of goods which are subject to rapid deterioration, as well as the goods that were irrecoverably blended with other goods after their delivery, for the supply of goods in a closed package, which the consumer took out of the packaging and cannot be returned for hygienic reasons, for the supply of audio or video recordings or software if he/she broke open their original packaging, for the supply of newspapers, periodicals or magazines, for accommodation, transport, catering or leisure time if the entrepreneur provides such a performance in a specified term, concluded on the basis of the public sale in accordance with the law governing public auctions.

For the standard form for withdrawal see here.

IX Protection of Personal Data, Archiving of Contracts of Purchase

By concluding a contract of purchase, the Buyer expresses his/her consent to the processing and collecting of his/her personal data in the customer database kept by the Seller; this is to be done, after the contract of purchase has been fulfilled, for the purposes of marketing, offering further items, further business cooperation or other contractual relationships (if any), and until the time when the Buyer delivers his/her written disagreement with such processing to the Seller.

The Seller must keep the information about purchasers in accordance with the generally binding legal regulations of the Czech Republic, in particular in accordance with Act No. 101/2000 Coll., on personal data protection, as amended. The personal information of buyers is secured against misuse. The Seller shall not transmit these data to any third party, with the exception of any legal obligation to disclose such information, and with the exception of the carriers and postal officers authorized by the Seller to deliver the goods, to whom only such data will be disclosed as required for delivery of the goods.

The Buyer has the right of access to his/her personal data, the right to their amendment, including other legal rights to these data. On the basis of a written request delivered by the Buyer to the Seller, the Buyer’s personal data may be removed from the database.

The Seller shall archive any contracts of purchase, even after they have been fulfilled, starting from the date of their conclusion. Contracts of purchase shall be archived in the form in which they were concluded. The persons solely authorized to access the archived contracts of purchase are the Seller or, if need be, the entity authorized by the Seller to perform the archiving activities. These persons are not authorized to disclose the contracts to third parties, with the exception of any statutory obligation of such disclosure.

X Solving consumer disputes

The Czech Trade Inspection, with the registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, Internet address: http://www.coi.cz, is responsible for any out-of-court settlement of consumer disputes (ie disputes related to the purchase contract).

XI. Sales Records Act

Under the Sales Records Act, the seller is required to issue a receipt to the buyer. At the same time, he is required to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.

XII Closing Provisions

The name and the main characteristics of the goods which the Seller offers at the e-shop are listed for each specific product.

The cost of using the means of distance communication as defined in the Civil Code shall be borne by the Buyer.

The contract of purchase can be concluded only in the Czech language.

For a specific contract of purchase, these Terms and Conditions are valid in the wording effective as of the date of conclusion of the contract of purchase.

These Terms and Conditions can be archived and reproduced by the Buyer who is a consumer.

Supervision of compliance with the obligations arising from the Consumer Protection Act shall be exercised by the Czech Trade Inspection.

These terms and conditions shall become effective on 11th December 2015.