Terms of Service of the Triftlin online store
1.1. These Terms of Service ("Terms") apply to purchases made in the Triftlin online store at www.triftlin.com ("Store"), operated by the seller named above ("Seller"). They set out the rights and obligations of the Seller and of the natural person who buys goods or digital content in the Store ("Buyer"), in line with Section 1751(1) of Act No. 89/2012 Coll., the Czech Civil Code, as amended ("Civil Code").
1.2. These Terms do not apply where the person placing the order is a legal entity or a person acting within their business or independent profession.
1.3. These Terms form an integral part of every purchase contract concluded through the Store ("Contract"). The Contract can be agreed on terms that differ from these Terms, in which case the individually agreed terms take precedence.
1.4. The Contract and these Terms are concluded in English.
1.5. The Seller may change or supplement these Terms. Any change does not affect rights and obligations that arose while the previous version was in force.
2.1. Products shown in the Store are for information only. Displaying a product is not a binding offer and the Seller is not obliged to conclude a Contract for it. Section 1732(2) of the Civil Code does not apply.
2.2. To place an order, the Buyer adds products to the shopping cart and completes the checkout form. The order contains in particular the ordered products, the payment method, the chosen delivery method and the delivery costs ("Order").
2.3. Before sending the Order, the Buyer can review and change all details entered, including correcting any input errors. The Buyer sends the Order by completing payment. The Seller treats the details in the Order as correct.
2.4. The Seller confirms receipt of the Order without undue delay by email to the address given in the customer account or in the Order ("Buyer's Email").
2.5. Depending on the nature of the Order (quantity, price or expected shipping costs), the Seller may ask the Buyer to confirm the Order again, for example in writing or by phone.
2.6. The Contract is concluded when the Seller sends the Buyer an acceptance of the Order to the Buyer's Email.
2.7. The Buyer agrees to the use of distance communication when concluding the Contract. The Buyer pays their own costs of this communication, such as internet or phone charges, which do not differ from the standard rate.
3.1. The Store shows the price of each product and, where a product cannot be returned by regular post because of its nature, the cost of returning it. Prices are final and include all related fees. The Seller is not registered for VAT.
3.2. Prices remain valid for as long as they are displayed in the Store. Prices are not personalised on the basis of automated decision making. This does not prevent the Seller from agreeing individual terms with a Buyer.
3.3. Together with the price of the goods, the Buyer pays the agreed packaging and delivery costs. Unless stated otherwise, "price" in these Terms includes delivery costs.
3.4. The Buyer can pay by card or through the payment system offered at checkout. Payment is due within 2 days of the Contract being concluded and is made when the amount is credited to the Seller's account.
3.5. The Seller does not ask for a deposit. The Seller may require full payment before shipping, in particular if the Buyer does not confirm the Order when asked under Article 2.5. Section 2119(1) of the Civil Code does not apply.
3.6. Discounts cannot be combined with each other.
3.7. After payment the Seller issues an invoice and sends it electronically to the Buyer's Email.
4.1. Information on delivery methods, delivery times and delivery costs is shown in the Store and at checkout.
4.2. Where the Seller offers free shipping above a minimum order value, the Buyer is entitled to it only if the total price of the goods reaches that value. If the Buyer later withdraws from part of the Contract and the remaining goods fall below the minimum, the right to free shipping lapses and the Buyer pays the delivery costs.
4.3. If the Seller is to deliver the goods to the place given in the Order, the Buyer must accept the goods on delivery.
4.4. If goods have to be delivered again or in a different way than ordered for reasons on the Buyer's side, the Buyer pays the resulting extra costs. If a special delivery method is agreed at the Buyer's request, the Buyer bears the risk and any additional costs of that method.
4.5. When receiving the goods, the Buyer should check that the packaging is intact and report any damage to the carrier straight away. If the packaging shows signs of tampering, the Buyer does not have to accept the parcel. This does not affect the Buyer's rights for defective goods.
4.6. The Buyer becomes the owner of the goods once the full price has been paid.
5.1. Access tiers sold in the Store are digital content not supplied on a physical medium. Access is unlocked for the Buyer's customer account once payment is completed.
5.2. If an access tier is supplied once, the Seller's obligation is fulfilled at the moment access is properly made available to the Buyer.
5.3. If digital content is to be supplied continuously for a period of time, the Seller provides the updates needed to keep its basic functionality for six (6) months from the moment it is made available, unless a longer period is agreed. If a longer period is agreed, updates are provided for that period.
5.4. Apart from the updates in Article 5.3, the Seller is not obliged to update digital content. The Buyer acknowledges that digital content may be adjusted, reorganised, limited or ended over time, for example because of technical changes, suppliers, the business model or legal obligations. Such changes alone are not a defect.
5.5. For one off digital content, the Buyer is not entitled to availability, functionality or updates beyond the period that can reasonably be expected given the nature of the content, the purpose of the purchase and the circumstances of the Contract. This period is usually the moment access is made available and first used.
5.6. Articles 5.3 to 5.5 do not apply if the Seller told the Buyer before the Contract that no updates will be provided and the Buyer expressly agreed.
5.7. If the Buyer does not install an update within a reasonable time, the Buyer has no rights for a defect caused only by the missing update. This does not apply if the Buyer was not told about the update or its consequences, or failed to install it because of shortcomings in the instructions.
5.8. If digital content is to be supplied continuously and a defect such as unavailability, malfunction or a mismatch with the agreed features appears during the period under Article 5.3, the content is presumed to be supplied with a defect unless proven otherwise.
5.9. If the goods are a physical item linked with digital content in such a way that it could not work without it ("item with digital elements"), the rules on the Seller's liability for defects also apply to that digital content, even if a third party provides it, unless it is clear from the Contract and the nature of the item that they are supplied separately.
6.1. In line with Section 1829(1) and (2) of the Civil Code, the Buyer may withdraw from the Contract within fourteen (14) days without giving a reason. The period starts on the day the Buyer, or a third party chosen by the Buyer other than the carrier, receives the goods. If the Order contains several items delivered separately, or goods made up of several parts, the period starts when the last item or part is received. For regular deliveries over an agreed period, it starts when the first delivery is received.
6.2. Under Section 1837 of the Civil Code, the Buyer cannot withdraw from a Contract for, among other things:
6.3. To withdraw, the Buyer must send the Seller a clear statement within the period in Article 6.1, for example by email to support@triftlin.com. The Buyer may use the model withdrawal form in the Annex.
6.4. After withdrawal the Contract is cancelled from the start. The Buyer sends the goods back without undue delay and no later than fourteen (14) days after withdrawing, unless the Seller offered to collect them. The deadline is met if the goods are sent before it ends. The Buyer pays the cost of returning the goods, including where they cannot be returned by regular post because of their nature.
6.5. The Seller refunds the money received from the Buyer within fourteen (14) days of the withdrawal, using the same payment method the Buyer used. The Seller may also refund when the goods are returned or in another way, if the Buyer agrees and it costs the Buyer nothing extra. The Seller does not have to refund before receiving the goods back or before the Buyer proves they were sent, whichever happens first.
6.6. The Seller may set off a claim for damage to the returned goods against the Buyer's claim for a refund.
6.7. Where the Buyer has a right of withdrawal under Section 1829(1) of the Civil Code, the Seller may also withdraw from the Contract at any time until the Buyer receives the goods. In that case the Seller refunds the price without undue delay by bank transfer to an account chosen by the Buyer.
6.8. If a gift is supplied with the goods, the gift contract is concluded on the condition that it ends if the Buyer withdraws from the Contract. The Buyer must then return the gift together with the goods.
7.1. Rights for defective performance are governed by the applicable law, in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
7.2. The Seller is responsible to the Buyer for the goods being free of defects when received. In particular, the goods must:
7.3. In addition to the agreed features, the Seller is responsible for the goods:
7.4. The Seller is not bound by a public statement under Article 7.3 if the Seller proves they were not aware of it, that it was corrected at least as visibly before the Contract, or that it could not have influenced the decision to buy. Article 7.3 does not apply where the Seller specifically told the Buyer before the Contract that a feature of the goods differs and the Buyer expressly agreed.
7.5. For pre-owned goods, wear that matches the level of previous use is not a defect. This applies in particular to the grades described in the Grading Guide. Normal wear caused by ordinary use is not a defect either, and the Buyer has no rights for a defect the Buyer caused.
7.6. The Seller is also responsible for a defect caused by incorrect assembly or installation carried out by the Seller or under the Seller's responsibility, or carried out by the Buyer because of a shortcoming in instructions supplied by the Seller or, for an item with digital elements, by the provider of the digital content.
7.7. If a defect appears within one year of receipt, the goods are presumed to have been defective on receipt unless the nature of the goods or the defect rules this out. This period does not run while the Buyer cannot use the goods because of a justified claim.
7.8. The Buyer can raise a defect that appears within two years of receipt. For items with digital elements where the digital content is supplied continuously, the Buyer can raise a defect that appears within two years of receipt or, if supply lasts longer, during the whole supply period. A court will recognise the right even if the defect was not raised without undue delay after the Buyer could have discovered it with reasonable care.
7.9. If the goods are defective, the Buyer can ask for the defect to be remedied by delivery of new goods without the defect or by repair, at the Buyer's choice, unless the chosen remedy is impossible or unreasonably expensive compared with the other. This is judged in particular by the significance of the defect, the value the goods would have without it and whether the other remedy can be provided without significant inconvenience to the Buyer. The Seller may refuse to remedy the defect if this is impossible or unreasonably expensive.
7.10. The Seller remedies the defect within a reasonable time after it is raised and without significant inconvenience to the Buyer, taking into account the nature of the goods and the purpose for which they were bought. The Seller takes the goods back at its own cost for this purpose. If the goods were installed before the defect appeared, the Seller removes them and installs the repaired or new goods, or pays the related costs.
7.11. The Buyer may ask for a reasonable price reduction, equal to the difference between the value of goods without the defect and the defective goods received, or withdraw from the Contract if:
7.12. The Buyer cannot withdraw from the Contract for an insignificant defect. A defect is presumed not to be insignificant. If the Buyer withdraws, the Seller refunds the price without undue delay after receiving the goods or proof that they were sent.
7.13. A claim can be raised with the Seller, in particular by email to support@triftlin.com. If another person closer to the Seller or the Buyer is appointed to carry out repairs, the claim is raised with that person. Until the Seller meets its obligations for defective performance, the Buyer does not have to pay any unpaid part of the price.
7.14. The Seller accepts claims at any establishment where this is possible given the range of products sold, or at its registered office. When a claim is made, the Seller confirms in writing the date of the claim, what it concerns, the remedy the Buyer requests and the Buyer's contact details for information about the outcome. This also applies to any other person appointed to carry out repairs.
7.15. A claim, including the remedy of the defect, must be settled and the Buyer informed within thirty (30) days of the claim, unless a longer period is agreed. For digital content, the claim must be settled within a reasonable time given the nature of the content and the purpose for which the Buyer required it. If this period passes without result, the Buyer may withdraw from the Contract or ask for a reasonable price reduction.
7.16. The Seller confirms to the Buyer the date and method of settling the claim, including confirmation of any repair and how long it took, or gives written reasons for rejecting the claim.
7.17. A Buyer with a right for defective performance is also entitled to reimbursement of costs reasonably incurred in exercising it. If the Buyer does not claim this reimbursement within one month after the period for raising the defect ends, a court will not grant it if the Seller objects. The right for defective performance does not exclude a claim for damages, but what can be achieved through defective performance rights cannot be claimed on other legal grounds.
7.18. The Seller or another person may offer the Buyer a quality guarantee on top of the statutory rights. Further details may be set out in the Seller's claims policy.
8.1. After registering in the Store, the Buyer can access a customer account and place orders from it ("Customer Account"). Where the Store allows it, the Buyer can also order without registering.
8.2. When registering and ordering, the Buyer must give correct and true information and keep the Customer Account up to date. The Seller treats this information as correct.
8.3. Access to the Customer Account is protected by login details. The Buyer must keep them confidential and must not let third parties use the account.
8.4. The Seller may cancel a Customer Account, in particular if it has not been used for more than 3 years or if the Buyer breaches the Contract or these Terms.
8.5. The Customer Account may not be available at all times, for example during maintenance of the Seller's or third parties' hardware and software.
9.1. The Seller handles consumer complaints by email. Complaints can be sent to support@triftlin.com and the Seller replies to the Buyer's Email.
9.2. The Czech Trade Inspection Authority (Česká obchodní inspekce), Gorazdova 1969/24, 120 00 Prague 2, ID No. 000 20 869, adr.coi.cz, is responsible for out of court resolution of consumer disputes arising from the Contract. The EU online dispute resolution platform at ec.europa.eu/consumers/odr can also be used.
9.3. The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, www.evropskyspotrebitel.cz, is the 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.
9.4. The Buyer may also contact a supervisory authority. The Seller sells goods under a trade licence and is supervised by the competent Trade Licensing Office within its powers. The Office for Personal Data Protection supervises data protection. The Czech Trade Inspection Authority supervises, among other things, compliance with the Civil Code and the Consumer Protection Act to the extent set by law.
9.5. The Seller is not bound by any codes of conduct within the meaning of Section 1820(1)(n) of the Civil Code.
10.1. The Seller informs the Buyer about the processing of personal data for performing the Contract, negotiating it and meeting the Seller's legal obligations, as required by Article 13 of Regulation (EU) 2016/679 (GDPR), in a separate document: the Privacy Policy.
10.2. Under Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services, the Buyer agrees to receive commercial communications from the Seller at the Buyer's Email or phone number. Information on processing personal data for this purpose is given in the Privacy Policy.
10.3. The Seller meets its legal obligations regarding cookies stored on the Buyer's device through a separate document.
11.1. Notices may be delivered to the Buyer's Email.
11.2. If the relationship under the Contract has an international element, the parties agree that it is governed by Czech law. This choice of law does not deprive a Buyer who is a consumer of the protection given by the mandatory provisions of the law that would otherwise apply under Article 6(1) of Regulation (EC) No 593/2008 (Rome I).
11.3. The Buyer assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
11.4. If any provision of these Terms is or becomes invalid or ineffective, it is replaced by a provision whose meaning comes as close as possible to it. This does not affect the validity of the other provisions.
11.5. The Seller archives the Contract, including these Terms, electronically. It is not publicly accessible.
11.6. The Annex to these Terms is the model withdrawal form.
