Terms and Conditions
TRIU ONE, s.r.o. (LLC)
With registered office:
TRIU ONE, s.r.o. (LLC)
Pricna 1892/4,
110 00 Prague 1
Czech Republic
Identification Number (Company ID): 198 74 979
TRIU ONE, s.r.o., ID No. 393091, registered with the Municipal Court in Prague. ,
for the sale of goods through online stores located at the following web addresses: https://www.triuone.cz/; https://www.triuone.com/; https://www.aldaho.cz/.
Last updated: November 05, 2023
I.
Preamble
1.1. These terms and conditions ("Terms and Conditions") of TRIU ONE, s.r.o., with its registered office at Příčná 1892/4, 110 00 Prague 1 - New Town, Czech Republic, Company ID: 198 74 979, registered with the Municipal Court in Prague under File No. C 393091 (hereinafter referred to as the "Seller"), regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with, or on the basis of, a purchase contract (hereinafter the "Purchase Contract") entered into between the Seller and another natural person (hereinafter the "Buyer") through the Seller's online store. The online store is operated by the Seller on the websites located at the following internet addresses: https://www.triuone.cz/; https://www.triuone.com/; https://www.aldaho.cz/.
1.2. Deviating provisions from these Terms and Conditions may be agreed upon in the Purchase Contract. Deviating agreements in the Purchase Contract shall take precedence over the provisions of these Terms and Conditions.
1.3. The provisions of these Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are prepared in the Czech language. The Purchase Contract can be concluded in other languages as well.
1.4. The Seller may change or supplement the wording of these Terms and Conditions. This provision does not affect the rights and obligations arising during the effective period of the previous wording of these Terms and Conditions.
II.
User Account
2.1 Based on the registration performed on the website, the buyer can access their user interface. The buyer can use their user interface to place orders (hereinafter referred to as the "user account"). If the web interface of the store allows it, the buyer can also place orders directly from the web interface of the store without registration.
2.2 The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3 Access to the user account is secured by a username and password. The buyer is required to maintain confidentiality regarding the information necessary to access their user account.
2.4 The buyer is not authorized to allow the use of their user account by third parties.
2.5 The seller may cancel the user account, especially if the buyer does not use their user account for longer than 1 year (one year from the date of registration) or if the buyer breaches their obligations under the purchase agreement (including the terms and conditions).
2.6 The buyer acknowledges that the user account may not be available continuously, especially considering the necessary maintenance of the seller's hardware and software equipment or the necessary maintenance of hardware and software equipment provided by third parties.
III.
Conclusion of the Purchase Agreement
3.1 All presentations of goods placed in the web interface of the store are informative and the seller is not obligated to enter into a purchase agreement regarding these goods. Section 1732 (2) of the Civil Code will not apply.
3.2 The web interface of the store contains information about the goods, including the prices of individual goods. The prices of the goods are listed including value-added tax and all related charges. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to enter into a purchase agreement under individually agreed terms.
3.3 To order goods, the buyer fills in the order form in the web interface of the store. The order form contains, in particular, information about:
- The ordered goods (the ordered goods are placed by the buyer in the electronic shopping cart of the web interface of the store),
- The method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods, and
- Information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
3.4 Before the order is sent to the seller, the buyer is allowed to check and modify the data they entered into the order, including the buyer's ability to identify and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Place Order" button. The data listed in the order is considered correct by the seller. Upon receiving the order, the seller will confirm its receipt to the buyer by email to the buyer's email address provided in their user account or in the order (hereinafter referred to as the "buyer's email address").
3.5 Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (e.g., in writing or by phone).
3.6 The contractual relationship between the seller and the buyer arises upon delivery of the order acceptance, which is sent by the seller to the buyer by email to the buyer's email address.
3.7 The buyer agrees to the use of remote means of communication when entering into the purchase agreement. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase agreement (costs of internet connection, telephone call costs) are paid by the buyer, and these costs do not differ from the basic rate.
3.8 The seller is not obliged to enter into a purchase agreement with the buyer, especially for persons who have previously breached the purchase agreement (including the terms and conditions).
3.9 The buyer acknowledges that the seller is not obliged to conclude a purchase agreement, especially with persons who have not provided true and complete contact details in the order or have previously breached the purchase agreement (including the terms and conditions).
IV.
Price of Goods and Payment Terms
4.1 The buyer can settle the price of the goods and any costs related to the delivery of the goods under the purchase agreement to the seller using the following methods:
- in cash (currently unavailable);
- cash on delivery at the location specified by the buyer in the order;
- by non-cash transfer to the seller's account (account details provided by the seller, hereinafter referred to as the "seller's account");
- via non-cash payment through a payment system (currently unavailable); through a credit card payment (currently not available);
- through a loan provided by a third party.
(The respective goods will not be delivered or dispatched using any of these payment methods until they are paid for!).
4.2 Along with the purchase price, the buyer is also obliged to pay the seller for the packaging and delivery costs of the goods as agreed. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3 The seller does not require the buyer to make any deposit or similar payment. This provision does not affect the provisions of Article 4.1 and 4.6 of the terms and conditions regarding the obligation to pay the purchase price in advance.
4.4 In the case of cash payment or payment on delivery, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 5 business days from the conclusion of the purchase contract.
4.5 In the case of non-cash payment, the buyer is required to settle the purchase price for the goods along with specifying the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment when the relevant amount is credited to the seller's account.
4.6 The seller is entitled, especially if the buyer does not provide additional order confirmation (Article 3.6), to request payment of the entire purchase price before the goods are dispatched to the buyer. Section 2119, paragraph 1, of the Civil Code shall not apply.
4.7 Any discounts on the price of the goods provided by the seller to the buyer cannot be combined.
4.8 If it is customary in business practices or required by generally binding legal regulations, the seller will issue a tax document - an invoice regarding payments made under the purchase contract to the buyer. The seller is the payer of value-added tax. The seller will issue the tax document - invoice to the buyer after the price of the goods has been paid and will send it in electronic form to the buyer's email address.
4.9 The seller is required, in accordance with the law on recording sales, to issue a receipt to the buyer. At the same time, the seller is obligated to register the revenue received with the tax administrator online, and in case of technical failure, no later than 48 hours.
V.
Withdrawal from the Purchase Agreement
5.1. The buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, a contract for the supply of goods that have been adapted to the buyer's wishes or for the personal needs of the buyer, a contract for the supply of goods subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, a contract for the supply of goods in a sealed package which the consumer has removed from the package and for hygienic reasons it cannot be returned, and a contract for the supply of sound or visual recordings or computer software if it has damaged the original packaging cannot be withdrawn from.
5.2. Unless it is a situation described in article 5.1 of these terms and conditions or another situation where withdrawal from the purchase agreement is not possible, the buyer has the right to withdraw from the purchase agreement within fourteen (14) days of receiving the goods, in accordance with Section 1829(1) of the Civil Code. If the subject of the purchase agreement is several types of goods or the delivery of several parts, this period starts running from the day of receiving the last item or part of the goods. The withdrawal from the purchase agreement must be sent to the seller within the period specified in the previous sentence. The buyer can send the withdrawal from the purchase agreement to the address of the seller's store or to the seller's email address info@triuone.com, among other means.
5.3. In the event of withdrawal from the purchase agreement under Article 5.2 of these terms and conditions, the purchase agreement is canceled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days of withdrawing from the purchase agreement. If the buyer withdraws from the purchase agreement, the buyer shall bear the cost of returning the goods to the seller, even if the goods cannot be returned by regular mail due to their nature.
5.4. In the event of withdrawal from the purchase agreement under Article 5.2 of these terms and conditions, the seller shall refund the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase agreement, in the same manner as the buyer used when withdrawing from the purchase agreement. The seller has received them from the buyer. The seller is also entitled to refund the performance provided by the buyer upon the return of the goods to the buyer or in another agreed manner, provided it does not result in additional costs for the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to refund the received funds to the buyer before the buyer returns the goods or proves that the goods have been sent to the seller.
5.5. The seller is entitled to unilaterally set off the claim for damages to the goods against the buyer's claim for a refund of the purchase price.
5.6. In cases where the buyer has the right to withdraw from the purchase agreement in accordance with Section 1829(1) of the Civil Code, the seller is also entitled to withdraw from the purchase agreement at any time until the buyer takes delivery of the goods. In such a case, the seller shall refund the purchase price to the buyer without undue delay, in cash to the account specified by the buyer.
5.7. If a gift is provided to the buyer along with the goods, a gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase agreement, the gift agreement with respect to such gift becomes ineffective, and the buyer is obliged to return the provided gift to the seller along with the goods.
VI.
Shipping and Delivery of Goods
6.1 If the method of delivery is agreed upon at the specific request of the buyer, the buyer bears the risk and any additional costs associated with this method of delivery.
6.2 If, according to the sales contract, the seller is obliged to deliver the goods to the location specified by the buyer in the order, the buyer must accept the goods upon delivery.
6.3 If, due to reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the buyer shall bear the costs associated with the repeated delivery or alternative delivery method.
6.4 When accepting the goods from the carrier, the buyer is obligated to inspect the integrity of the packaging and, in the case of any defects, immediately report this to the carrier. In the event of damage to the packaging suggesting unauthorized intrusion into the shipment, the buyer may refuse to accept the shipment from the carrier. This does not affect the buyer's rights related to product defects and other rights according to applicable laws.
6.5 Additional rights and obligations of the parties regarding the shipment of goods may be governed by the special delivery terms issued by the seller if the seller has issued them.
VII.
Rights from Defective Performance
7.1 The rights and obligations of the contracting parties regarding defective performance are governed by the relevant mandatory legal regulations, especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
7.2 The seller is responsible for ensuring that the goods are free from defects when received by the buyer. In particular, the seller is responsible for ensuring that at the time when the buyer takes possession of the goods:
- 7.2.1 The goods have the properties agreed upon by the parties. If there is no specific agreement, the goods have the properties described by the seller or manufacturer or those that the buyer can reasonably expect based on the nature of the goods and the advertisements or statements made by the seller or manufacturer.
- 7.2.2 The goods are fit for the purpose for which goods of this kind are usually used, as indicated by the seller, or for the purpose that the seller stated the goods would serve, and that the buyer relies on.
- 7.2.3 The goods correspond in quality or performance to the agreed sample or model if the quality or performance has been determined by reference to the agreed sample or model.
- 7.2.4 The goods are in the appropriate quantity, measure, or weight.
- 7.2.5 The goods comply with the requirements of legal regulations.
7.3 If a defect becomes apparent within six months of acceptance, it is considered that the goods were defective upon acceptance.
7.4 The Seller's obligations arising from defective performance are at least to the extent of the manufacturer's obligations for defective performance. Otherwise, the Buyer is entitled to exercise the right arising from defects that occur in consumer goods within twenty-four months of acceptance. If the product or its packaging, product manual, or advertising specifies a period during which the product can be used in accordance with other legal regulations, the provisions on a warranty for quality shall apply. The warranty for quality is a Seller's commitment that the goods will be fit for their usual purpose for a specified period or will retain their usual properties. If the Buyer justifiably raises a defect with the Seller,
7.5 The provisions stated in Article 7.4 of the terms and conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their normal use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had at the time of acceptance by the Buyer, or if it arises from the nature of the goods. The Buyer has no right to defective performance if the Buyer knew before accepting the goods that they were defective, or if the Buyer caused the defect.
7.6 Rights arising from liability for defects in goods should be claimed from the Seller. However, if a different person designated for repairs, who is located at the Seller's place or closer to the Buyer, is specified in the confirmation issued by the Seller regarding the scope of rights from liability for defects (as per § 2166 of the Civil Code), the Buyer may exercise the right to have the repairs carried out by the person designated for the repair. Except in cases where another person is designated for the repair according to the previous clause, the Seller must accept the complaint at any establishment where the acceptance of the complaint is possible with regard to the assortment of goods sold or services provided, including possibly at the Seller's registered office or place of business. The Seller is required to provide the Buyer with written confirmation of when the Buyer exercised their right, the content of the complaint, the manner in which the complaint will be handled, and any repairs the Buyer requests, along with confirmation of the date and method of handling the complaint, including confirmation of the completion of the repair and the duration of the repair, as well as a written explanation for the rejection of the complaint. This obligation applies to other individuals designated by the Seller to carry out the repairs, or a written explanation for the rejection of the complaint. This obligation applies to other individuals designated by the Seller to carry out the repairs, or a written explanation for the rejection of the complaint. This obligation applies to other individuals designated by the Seller to carry out the repairs.
7.7 The Buyer may exercise their rights arising from liability for defects in goods, especially at the address: TRIU ONE, s.r.o., Příčná 1892/4, 110 00 Prague 1 - New Town, Czech Republic, or by email at info@triuone.com.
7.8 The Buyer will notify the Seller of their choice of rights upon reporting a defect or without undue delay after reporting a defect. The Buyer cannot change their chosen remedy without the Seller's consent, except when the Buyer requests a repair that is found to be impossible to carry out.
7.9 If the goods do not have the qualities described in Article 7.2 of the terms and conditions, the Buyer may also request the delivery of new goods free from defects if it is not unreasonable considering the nature of the defect. However, if the defect only concerns a component of the goods, the Buyer may request the replacement of the component; if this is not possible, the Buyer may withdraw from the contract. If withdrawing from the contract is unreasonable considering the nature of the defect, especially if the defect can be remedied without undue delay, the Buyer has the right to free defect removal. The Buyer also has the right to have new goods delivered, replace a component, or have the goods repaired in case of a remediable defect, which recurs after a repair or if there are multiple defects. In this case, the Buyer also has the right to withdraw from the contract. If the Buyer does not withdraw from the contract or does not exercise the right to have new goods delivered free from defects, replace a component, or repair the goods, the Buyer may request a reasonable discount. The Buyer also has the right to request a reasonable discount if the Seller cannot deliver new goods free from defects, replace a component, or repair the goods, or if the Seller does not remove the defect within a reasonable time, or if doing so would cause the Buyer significant difficulties.
7.10 Anyone who has a right under § 1923 of the Civil Code also has the right to reimbursement of costs reasonably incurred in asserting that right. However, if the Seller does not assert the right to reimbursement of costs within one month after the expiration of the period during which a defect should be reported, the court will not award the right to reimbursement, if the Seller claims that the right to reimbursement was not asserted in a timely manner.
7.11 Further rights and obligations of the parties related to the Seller's liability for defects can be governed by the Seller's complaint procedure.
VIII.
Additional rights and obligations of the parties
8.1 The Buyer acquires ownership of the Goods by paying the full purchase price of the Goods.
8.2 The Seller is not bound by any codes of conduct in relation to the Buyer under Section 1826(1)(e) of the Civil Code.
8.3 Complaints from consumers are handled by the Seller through the electronic address. The Seller will send information about the resolution of the Buyer's complaint to the Buyer's electronic address.
8.4 The relevant authority for out-of-court resolution is the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: for the judicial resolution of consumer disputes arising from a purchase contract. The online dispute resolution platform placed at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from a purchase contract.
8.5 The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: https://www.evropskyspotrebitel.cz, serves as a contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
8.6 The Seller is authorized to sell goods based on a trade license. Trade inspections are carried out by the relevant trade office within the scope of its authority. Oversight of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection oversees compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.7 By accepting this, the Buyer assumes the risk of changes in circumstances within the meaning of Section 1765(2) of the Civil Code.
IX.
Personal data protection
9.1 The seller will fulfill their information obligation towards the buyer in accordance with Article 13 of Regulation (EU) 2016/679 of the European Parliament and the Council on the protection of natural persons concerning the processing of personal data and the free movement of personal data, and repealing Directive 95/46/EC (General Data Protection Regulation or GDPR). This concerns the processing of the buyer's personal data for the purpose of executing the purchase agreement, for negotiations related to the purchase agreement, and for fulfilling the public law obligations of the seller in the form of a separate document.
X.
Personal data protection
10.1 In accordance with Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Some Acts (the Act on Certain Information Society Services), as amended, the buyer agrees to receive commercial communications from the seller to their electronic address or telephone number. The seller fulfills their information obligation towards the buyer in accordance with Article 13 of the GDPR related to the processing of the buyer's personal data for the purpose of sending commercial communications by a separate document.
10.2 The buyer agrees to store cookies on their computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without storing cookies on the buyer's computer, the buyer may revoke their consent according to the previous sentence at any time.
XI.
Sending, Communication, and Storage of Cookies.
Buyer can be delivered to the buyer's email address.
XII.
Final Provisions
12.1 If a relationship based on a purchase agreement has an international (foreign) element, the parties agree that the relationship is governed by Czech law. The choice of law under the previous sentence does not deprive the consumer, who is a consumer, of the protection provided by the provisions of the legal order from which there can be no deviation by contract and which would otherwise apply in the absence of the choice of law under Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2 If any provision of the Terms and Conditions is invalid or ineffective or becomes so, the provision, the meaning of which most closely approximates the invalid provision, shall replace the invalid provisions. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
12.3 The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
12.4 Seller's contact information: address for delivery, email address as indicated above.
- Amended in Prague on November 5, 2023 -