the company Hell.cz, s.r.o., with its registered office at Přístavní 1315/7, 170 00 Prague 7 – Holešovice, company registration number: 27134954, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 98894, for the sale of goods via an online shop located at the web address www.Bugshop.cz
1.1. These terms and conditions (hereinafter referred to as „Terms and Conditions“) the company Hell.cz, s.r.o., with its registered office at Přístavní 1315/7, 170 00 Prague 7 – Holešovice, company registration number: 27134954, telephone 702160621, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 98894 (hereinafter referred to as „seller“) are governed in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as „Civil Code“) the mutual rights and obligations of the contracting parties arising in connection with or under the contract of sale (hereinafter referred to as „sales contract“) concluded between the seller and another natural person (hereinafter referred to as „buyer“) via the Seller’s online shop. The online shop is operated by the Seller on the website located at www.Bugshop.cz (hereinafter referred to as „website“), via the website interface (hereinafter referred to as „online shop interface“).
1.2. The Terms and Conditions do not apply to cases, where the person intending to purchase goods from the seller is a legal entity or a person acting, when placing an order for goods, in the course of their business activities or in the course of their independent professional practice.
1.3. Provisions that differ from the terms and conditions may be agreed in the contract of sale. Any such differing provisions in the contract of sale shall take precedence over the provisions of the terms and conditions.
1.4. The provisions of the terms and conditions form an integral part of the contract of sale. The contract of sale and the terms and conditions are drawn up in Czech. The contract of sale may be concluded in Czech.
1.5. The Seller may amend or supplement the text of these Terms and Conditions. This provision shall not affect the rights and obligations arising during the period in which the previous version of the Terms and Conditions was in force.
1.6. The Bugshop online shop specialises in the manufacture, sale and distribution of sex toys and adult products.
2.1. Once the buyer has registered on the website, they can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as „user account“). Where the shop’s website allows it, the buyer may also place orders for goods without registering, directly via the shop’s website.
2.2. When registering on the website and when ordering goods, the buyer is obliged to provide all details correctly and truthfully. The buyer is obliged to update the details provided in their user account should any changes occur. The information provided by the buyer in their user account and when ordering goods is deemed by the seller to be correct.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information required to access their user account.
2.4. The buyer is not authorised to allow third parties to use their user account.
2.5. The Seller may cancel a user account, in particular where the Buyer has not used their user account for more than one year, or where the Buyer breaches their obligations under the purchase contract (including the terms and conditions).
2.6. The Buyer acknowledges that the user account may not be available at all times, particularly in view of necessary maintenance of the Seller’s hardware and software, or necessary maintenance of third parties’ hardware and software.
3.1. All product descriptions featured on the online shop’s website are for information purposes only, and the seller is under no obligation to enter into a contract of sale in respect of these products. The provisions of Section 1732(2) of the Civil Code shall not apply.
3.2. The online shop’s interface contains information about the goods, including the prices of individual items. The prices of the goods are quoted inclusive of value added tax and all related charges. These prices do not include delivery and packaging costs, as these vary depending on the specific order, the nature of the goods and the method of delivery. Product prices remain valid for as long as they are displayed on the online shop. This provision does not restrict the seller’s ability to conclude a contract of sale on individually agreed terms.
3.3. The online shop’s website also contains information on the costs associated with packaging and delivery of goods. The information on the costs associated with packaging and delivery of goods shown on the online shop’s website applies only to deliveries within the Czech Republic.
3.4. To order goods, the buyer must complete the order form on the shop’s website. The order form contains, in particular, information on:
3.4.1. the goods ordered (the buyer „adds“ the goods ordered to the online shopping basket on the shop’s website),
3.4.2. the method of payment for the purchase price of the goods, details of the preferred delivery method for the goods ordered, and
3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as „order“).
3.5. Before submitting the order to the seller, the buyer is able to check and amend the details they have entered in the order, including the ability to identify and correct any errors made whilst entering the details into the order. The buyer submits the order to the seller by clicking on the „Confirm order and pay“ button. The details specified in the order are deemed to be correct by the seller.
3.6. Submission of an order is deemed to be an act by the buyer which unambiguously identifies the goods ordered, the purchase price, the identity of the buyer and the method of payment of the purchase price, and constitutes a binding offer of a contract of sale for the contracting parties. For an order to be valid, all mandatory details must be completed in the order form, the buyer must have read these terms and conditions on the website, and the buyer must confirm that they have read these terms and conditions.
3.7. Immediately upon receipt of the order, the Seller shall confirm receipt to the Buyer by email, using the Buyer’s email address specified in the user interface or in the order (hereinafter referred to as „the buyer’s email address“).
3.8. Depending on the nature of the order (quantity of goods, purchase price, estimated delivery costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
3.9. The draft purchase agreement in the form of an order is valid for fifteen days.
3.10. The contractual relationship between the seller and the buyer comes into effect upon delivery of the order confirmation (acceptance), which is sent by the seller to the buyer by email to the buyer’s email address.
3.11. In the event that the seller is unable to fulfil any of the requirements specified in the order, the seller shall send the buyer a revised quotation to the buyer’s email address, setting out possible alternatives to the order, and shall request the buyer’s response.
3.12. The amended offer is deemed to be a new draft of the contract of sale, and in such cases the contract of sale is only concluded upon the buyer’s acceptance via email.
3.13. The buyer agrees to the use of means of distance communication when concluding the contract of sale. Any costs incurred by the buyer when using means of distance communication in connection with the conclusion of the contract of sale (costs of internet connection, costs of telephone calls) shall be borne by the buyer, and these costs do not differ from the standard rate.
4.1. The buyer may pay the seller the price of the goods and any costs associated with their delivery under the sales contract in the following ways:
4.2. In addition to the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods, in the agreed amount. Unless expressly stated otherwise, the purchase price is also understood to include the costs associated with the delivery of the goods.
4.3. In the case of cash payment, the purchase price is payable on collection of the goods. In the case of a non-cash payment, the purchase price is payable within 15 days of the conclusion of the purchase contract.
4.4. In the case of a non-cash payment, the buyer is obliged to pay the purchase price of the goods, quoting the payment reference number. In the case of a non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller’s account.
4.5. The Seller is entitled, in particular where the Buyer fails to provide subsequent confirmation of the order (Clause 3.8), to demand payment of the full purchase price before dispatching the goods to the Buyer. The provisions of Section 2119(1) of the Civil Code shall not apply.
4.6. Any discounts on the price of goods granted by the seller to the buyer may not be combined.
4.7. Discount vouchers and gift vouchers (hereinafter referred to as „vouchers“) may only be redeemed for purchases made via the Bugshop.cz online shop. A voucher may only be used once, and must be used before its expiry date. Voucher codes are unique and single-use. When ordering products with a higher value than that stated on the voucher, the buyer has the option to pay the difference. If the voucher is not used in full by the buyer – i.e. the value of the voucher exceeds the value of the order – the voucher may be used, but the seller is not obliged to refund the price difference to the buyer; this price difference remains with the seller. The purchase of a voucher is binding; once purchased, it cannot be cancelled, nor can its validity or type be changed. Vouchers cannot be combined with other discounts or promotions, nor can they be used to cover delivery charges. An unused voucher cannot be exchanged for another voucher, nor can it be refunded.
4.8. Where it is customary in commercial dealings or where so required by generally applicable legislation, the seller shall issue a tax document – an invoice – to the buyer in respect of payments made under the contract of sale. The seller is a registered VAT payer. The seller shall issue a tax document – an invoice – to the buyer upon payment of the price of the goods and shall send it in electronic form to the buyer’s email address.
5.1. The buyer acknowledges that, in accordance with the provisions of Section 1837 of the Civil Code, it is not possible, amongst other things, to withdraw from the contract of sale:
5.1.1. concerning the supply of goods which have been customised in accordance with the buyer’s wishes or for the buyer’s personal use
5.1.2. concerning the supply of perishable goods, as well as goods which, following delivery, have been irrevocably mixed with other goods,
5.1.3. relating to the supply of goods in sealed packaging which the buyer has removed from the packaging and which, for hygiene reasons, cannot be returned,
5.1.4. concerning the supply of newspapers, periodicals, magazines or other media, including digital media,
5.1.5. the supply of digital content, provided that it was not supplied on a tangible medium and was supplied with the buyer’s prior express consent before the expiry of the withdrawal period, and the seller informed the buyer prior to the conclusion of the contract that, in such a case, the buyer would not have the right to withdraw from the contract.
5.1.6. Withdrawal from the contract takes effect upon its delivery within the statutory time limit. We recommend that you insure returned goods. Provided the statutory conditions for withdrawal from the contract are met, the buyer will be refunded an amount corresponding to the purchase price of the goods, reduced, where applicable, only by the costs actually incurred by the seller in connection with the return of the goods. The purchase price will be refunded to the consumer’s account no later than 1,430 days from the date of withdrawal from the contract.
5.1.7. The consumer acknowledges that, pursuant to Section 1837(g) of the Civil Code, it is not possible to withdraw from a contract of sale for goods supplied in sealed packaging which the consumer has removed from the packaging and which, for hygiene reasons, cannot be returned. Given the nature of the seller’s product range (erotic aids, intimate apparel), this applies to all goods supplied in protective sealed packaging or with a hygiene seal. If the buyer breaks this protective packaging or seal, or tries out/uses the product, the right to withdraw from the contract ceases to apply on the grounds of health protection and hygiene principles.Furthermore, the consumer cannot exercise the right to withdraw from the contract within 14 days where the nature of the goods purchased precludes this. This refers in particular to used (tried) goods of an erotic nature (e.g. clothing, vibrators), where it is practically impossible for another person (another buyer) to use them, having regard to general principles of hygiene and health protection.
5.1.8. Should a consumer decide to exercise their right to withdraw from the contract, they must, together with their notice of withdrawal (see above), return the goods in undamaged and complete condition (including the instructions, warranty certificate, accessories), preferably including the original, undamaged packaging.
5.1.9. Prodávající je oprávněn po spotřebiteli požadovat kompenzaci spočívající v případném vzniklém snížení hodnoty věci způsobené zejména jejím poškozením, nekompletností apod. Tím není nijak dotčeno právo spotřebitele na odstoupení od smlouvy bez jakékolivjakékoli sankce.
5.2. Unless the case falls under Article 5.1 or another circumstance where withdrawal from the contract of sale is not permitted, the buyer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the contract of sale, within fourteen (14) days of taking delivery of the goods; where the purchase contract covers several types of goods or the delivery of several instalments, this period shall run from the date of taking delivery of the final instalment of goods. Notice of withdrawal from the contract of sale must be sent to the seller within the period specified in the previous sentence.
5.3. The consumer may withdraw from the sales contract by making any unambiguous statement. To withdraw from the contract, the consumer may also use the „Withdraw from the contract“ button located on the seller’s online shop interface. If this electronic method is used, the seller shall, without undue delay, confirm receipt to the consumer in writing (by email), including the content, date and time of the exercise of this right. The buyer may send notice of withdrawal from the sales contract to the seller’s registered office. The provisions of Article 11 of these terms and conditions apply to the delivery of the notice of withdrawal.
5.4. In the event of withdrawal from the contract of sale in accordance with Clause 5.2 of the Terms and Conditions, the contract of sale shall be cancelled with effect from the outset. The goods must be returned to the seller within fourteen (14) days of the withdrawal from the contract. If the buyer withdraws from the sales contract, the buyer shall bear the costs associated with returning the goods to the seller, even if, due to their nature, the goods cannot be returned by standard post.
5.5. In the event of withdrawal from the contract in accordance with Clause 5.2 of the 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 contract, using the same method by which the Seller received them from the Buyer. The Seller is also entitled to refund the payment made by the Buyer at the time the goods are returned by the Buyer or by other means, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer as a result. If the buyer withdraws from the sales contract, the seller is not obliged to refund the funds received to the buyer until the buyer has returned the goods to the seller or provided evidence that the goods have been dispatched to the seller.
5.6. The seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer’s claim for a refund of the purchase price.
5.7. Until the goods have been taken delivery of by the buyer, the seller is entitled to withdraw from the contract of sale at any time. In such a case, the seller shall refund the purchase price to the buyer without undue delay, by bank transfer to the account specified by the buyer.
5.8. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded subject to the condition subsequent that, should the buyer withdraw from the contract of sale, the gift agreement relating to that gift shall cease to have effect and the buyer shall be obliged to return the gift to the seller together with the goods.
Download:Contract Withdrawal Form
6.1. Where the method of transport is agreed upon at the buyer’s specific request, the buyer shall bear the risk and any additional costs associated with that method of transport.
6.2. Where, under the terms of the sales contract, the seller is obliged to deliver the goods to the location specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery.
6.3. If, for reasons attributable to the buyer, the goods need to be delivered again or by a method other than that specified in the order, the buyer is obliged to pay the costs associated with the repeat delivery of the goods or the costs associated with the alternative delivery method.
6.4. Upon taking delivery of the goods from the carrier, the buyer is obliged to check that the packaging is intact and, in the event of any defects, to notify the carrier immediately. If the packaging is found to be damaged in a way that indicates unauthorised access to the consignment, the buyer is not obliged to accept the consignment from the carrier.
6.5. Bugshop uses DPD, the Czech Post or in-store collection. For international shipments, we hand over the parcel to DPD’s contractual partners.
7.1. The rights and obligations of the contracting parties in respect of claims arising from defective performance are governed by the relevant generally applicable regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The seller warrants to the buyer that the goods are free from defects at the time of collection. In particular, the seller warrants to the buyer that, at the time the buyer collected the goods:
7.2.1. the goods possess the characteristics agreed between the parties and, in the absence of such an agreement, possess the characteristics described by the seller or manufacturer, or those which the buyer would reasonably expect given the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this type are normally used,
7.2.3. the goods correspond in quality or design to the agreed sample or model, where the quality or design was determined on the basis of the agreed sample or model,
7.2.4. the goods are in the correct quantity, measure or weight, and
7.2.5. The goods comply with the requirements of the relevant legislation.
7.2.6. If a defect becomes apparent within 12 months of acceptance, the goods shall be deemed to have been defective at the time of acceptance, unless the nature of the goods or the defect precludes this.
7.3. A consumer may make a complaint about a fault that becomes apparent in the goods within two years (24 months) of taking delivery.
7.3.1.If the goods are defective, the consumer is primarily entitled to request that the defect be remedied by the supply of a new, non-defective item or by the repair of the item, unless the chosen method of remedying the defect is impossible or disproportionately costly.
7.3.2. A consumer may request a reasonable discount or withdraw from the contract if:
7.3.2.1. the seller refused to remedy the defect or failed to remedy it in accordance with the law,
7.3.2.2. if the fault recurs,
7.3.2.3. the defect constitutes a material breach of contract, or
7.3.2.4. it is clear from the seller’s statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the consumer.
7.3.2.5. A consumer may not withdraw from the contract if the defect in the goods is minor.
7.4. The provisions set out in Article 7.2 of the terms and conditions shall not apply to goods sold at a reduced price due to a defect for which the reduced price was agreed, to wear and tear of the goods caused by their normal use; in the case of second-hand goods, to a defect corresponding to the degree of use or wear and tear that the goods had at the time of handover to the buyer; or where this arises from the nature of the goods.
7.5. The buyer shall exercise their rights arising from defective performance by submitting a complaint to the seller at the address of the seller’s premises where complaints can be accepted in view of the range of goods sold, or, where applicable, at the seller’s registered office or place of business. The moment the complaint is lodged is deemed to be the moment the buyer notifies the seller of the complaint regarding the goods, or the moment the seller receives the goods subject to the complaint from the buyer. The 30-day period for resolving the complaint runs from the date of receipt of the buyer’s notification of the complaint regarding the goods.
7.6. The seller’s complaints procedure may set out further rights and obligations of the parties relating to the seller’s liability for defects.
Download:Reclamation Protocol
8.1. The buyer acquires ownership of the goods upon payment of the full purchase price
8.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3. The seller handles consumer complaints out of court via the email address [email protected]. The seller will send information regarding the resolution of the buyer’s complaint to the buyer’s email address.
8.4. The seller is authorised to sell goods on the basis of a trade licence. Trade inspections are carried out by the relevant trade licensing authority within its jurisdiction. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, amongst other things and within a defined scope, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
8.5. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
9.1. The protection of the buyer’s personal data is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data (GDPR) and Act No. 110/2019 Coll., on the processing of personal data. The protection of the personal data of a buyer who is a natural person is provided for by Act No. 101/2000 Coll., on the protection of personal data, as amended.
9.2. The buyer consents to the processing of the following personal data: first name and surname, residential address, personal identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as „personal data“). The exact way in which we process your personal data is set out in the document Data Protection.
9.3. The buyer consents to the processing of their personal data by the seller for the purposes of fulfilling the rights and obligations arising from the sales contract and for the purposes of managing their user account. Unless the buyer selects a different option, they also consent to the processing of their personal data by the seller for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety in accordance with this clause is not a condition which, in itself, would prevent the conclusion of the sales contract.
9.4. The Buyer acknowledges that they are obliged to provide their personal data (upon registration, in their user account, when placing an order via the shop’s website) and that they are obliged to inform the seller without undue delay of any changes to their personal data.
9.5. The seller may entrust a third party, acting as a data processor, with the processing of the buyer’s personal data.
9.6. Personal data will be processed for a period of 10 years. Personal data will be processed electronically by automated means or in printed form by non-automated means. You may withdraw your consent to the processing at any time by emailing [email protected].
In some cases, we are subject to a legal obligation; for example, I am required to retain issued tax documents for the period specified by law. In such cases, we will therefore delete all personal data that is not subject to any other legal requirement. We/I will inform you by email once the deletion has been completed.
The exact way in which we process your personal data is set out in the document Data Protection.
9.7. The buyer confirms that the personal data provided is accurate and that they have been informed that the provision of personal data is voluntary.
9.8. Should the buyer consider that the seller or a data processor (Article 9.5) is processing their personal data in a manner that infringes upon the buyer’s right to privacy or is contrary to the law, in particular where- the personal data is inaccurate having regard to the purpose of its processing, the buyer may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. to require the seller or processor to remedy the situation that has arisen.
9.9. If the buyer requests information regarding the processing of their personal data, the seller is obliged to provide this information. The seller is entitled to charge a reasonable fee for providing the information referred to in the previous sentence, not exceeding the costs necessary to provide the information.
10.1. The buyer agrees to receive information relating to the seller’s goods, services or business at the buyer’s email address and further agrees to receive marketing communications from the seller at the buyer’s email address.
10.2. The Seller uses cookies on the website. Some cookies are necessary for the website to function properly. Marketing and analytics cookies are stored on the Buyer’s device only with the Buyer’s prior consent. The Buyer may withdraw their consent to the storage of cookies at any time. The buyer consents to the storage of so-called cookies on their computer. Where it is possible to make a purchase on the website and for the Seller to fulfil its obligations under the sales contract without cookies being stored on the Buyer’s computer, the Buyer may withdraw their consent under the previous sentence at any time.
11.1. Notices relating to the relationship between the seller and the buyer, in particular those concerning withdrawal from the contract of sale, may be sent to the contact email address or by post to the seller’s registered office.They must be sent by post as a registered letter, unless otherwise specified in the sales contract. Notices shall be sent to the relevant contact address of the other party and shall be deemed to have been delivered and to take effect upon delivery by post, with the exception of a notice of withdrawal from the contract given by the buyer, in which case the withdrawal is effective provided that the notice is sent by the buyer within the withdrawal period.
11.2. A notice is also deemed to have been delivered if the addressee has refused to accept it, if it has not been collected within the retention period, or if it has been returned as undeliverable.
11.3. The contracting parties may send routine correspondence to one another by email, either to the email address specified in the buyer’s user account or provided by the buyer in the order, or to the address specified on the seller’s website.
12.1. The buyer is entitled to out-of-court resolution of a consumer dispute
12.2. The Czech Trade Inspection Authority, with its registered office at Štěpánská 44, 110 00 Prague 1, Company Registration Number: 000 20 869, website: www.coi.cz.
12.3. The online dispute resolution platform, available at http://ec.europa.eu/consumers/odr, may be used to resolve disputes between a seller and a buyer arising from a sales contract concluded by electronic means.
13.1. If the seller offers a discount on the goods, they must state as the reference price (the original price before the discount) the lowest price at which they offered and sold the goods during the 30 days prior to offering the discount. If the goods have been on sale for less than 30 days, the lowest price since the start of the sale must be stated.
13.2. The seller does not publish user reviews of products on its website and therefore does not verify their authenticity.
14.1. Where a relationship established by a contract of sale involves an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer’s rights under generally applicable legislation.
14.2. No warranty other than the consumer warranty set out in the terms and conditions of sale applies to the products. The products are sold in a condition fit for purpose. Liability for any damage incurred is governed by Section 2898 of the Civil Code. If a product is damaged to such an extent that it is no longer fit for purpose, Bugshop shall not be liable for any damage or personal injury caused by its subsequent use, or by use other than that recommended and intended. The buyer uses the products at their own risk.
14.3. If any provision of these terms and conditions is or becomes invalid or unenforceable, it shall be replaced by a provision that most closely approximates the meaning of the invalid provision. The invalidity or ineffectiveness of any one provision shall not affect the validity of the remaining provisions. Any amendments or additions to the contract of sale or these terms and conditions must be made in writing.
14.4. The contract of sale, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
14.5. Seller’s contact details: postal address: HELL.cz s.r.o., Přístavní 1315/7, 170 00, Prague 7; email address: [email protected].
