Terms and conditions
Business company Hell.cz, s.r.o., residing at Přístavní 1315/7, 170 00 Praha 7 - Holešovice, id number: 27134954 registered in the Business register of the Municipal court of Prague, section C, insert 98894, the retail of goods using the on-line store located at www.Bugshop.cz
1.1. The following terms and conditions (hereinafter „terms and conditions“)of the company Hell.cz, s.r.o., residing at Poupětova 1333/7, 170 00 Praha 7 - Holešovice, id number: 27134954, phone number 702160621, registered in the Business register of the Municipal court of Prague, section C, insert 98894 (hereinafter „retailer“) in accordance with the stipulation § 1751 article 1, law no. 89/2012 Coll., Civil code (hereinafter „Civil code“) adjust the mutual rights and obligations of the contracting parties created in connection with or based on the purchase contract (hereinafter „contract“) between the retailer and an individual (hereinafter „buyer“) using the on-line shop of the retailer. The on-line shop is operated by the retailer on the web page located at web address www.Bugshop.cz (hereinafter „web page“), and using the interface of the web page (hereinafter „on-line store interface“).
1.2. Terms and conditions do not apply in cases, if the individual, intending to purchase goods from the retailer, is a legal entity, or an individual, who purchases goods as a part of his entrepreneurial activity, or as a part of his independent occupation.
1.3. Terms and conditions differentiating from the established terms and conditions are able to be negotiated in the purchase contract. Negotiated terms and conditions take precedence over the standard terms and conditions.
1.4. Establishingthe terms and conditions is an integral part of the purchase contract. The contract and the terms and conditions are drafted in Czech language. The purchase contract can be closed in Czech language.
1.5. The retailer can amend or add the terms and conditions. Doing so will not affect the terms and conditions of purchases made prior to the amendments or additions in the terms and conditions.
1.6. E-shop Bugshop manufactures, retails and distributes of erotic toys and adult products.
2. USER ACCOUNT
2.1. Based on the registration made on the web page, the buyer can access his user account (hereinafter „user account“). From his user account, the buyer can order goods. If the on-line store interface permits, the buyer can also purchase the goods directly from the on-line store interface.
2.2. During the registration process and ordering of goods, the buyer is obliged to provide correct and true information. The buyer is obliged to update his information in case of any change. The information provided by the buyer in his user account are considered as correct by the retailer.
3. The access to the user account is protected by a username and a password. The buyer is obliged to maintain confidentiality regarding the information needed to access his account.
2.4. The buyer is not allowed to let his user account be used by a third party.
2.5. The retailer can deactivate a user account, especially in cases, when the user account was not used by the buyer for a length of time longer than one year, or in cases when the buyer violates the obligations based on his purchase contract (including the terms and conditions.).
2.6. The buyer acknowledges the fact, that his user account may not be accessible at certain times, especially with regards to the need of necessary maintenance of hardware and software equipment of the retailer, or the maintenance of hardware and software equipment of third parties.
3. ENTERING INTO CONTRACTS
1. The entire collection of goods presented in the on-line store interface is of an informative character and the retailer is not obliged to enter into a retail contract of such goods. Stipulation § 1732 article 2 Civil code is not applicable.
3.2. The on-line store interface contains the information about the goods, including the price per unit. The price includes VAT and other related charges. The price does not include the price of shipping and packing, as the price will be specific to an order, based on the type of goods and selected method of shipping. The prices displayed in the on-line store interface are valid. This stipulation does not exclude a possibility for the retailer to enter into trade contract in individually negotiated conditions.
3.3. The on-line store interface contains information regarding the costs of packing and delivery of goods. The information regarding the costs of packing and delivery listed in the on-line store interface applies only to orders with the goods being delivered within Czech Republic.
3.4. To place an order, the buyer will fill an order form inside the on-line store interface. The order form contains information especially regarding:
3.4.1. The ordered goods (the ordered goods will be added to the electronic shopping cart inside the on-line store interface),
3.4.2. method of payment, selected method of shipment and
3.4.3. information regarding the cost of the method of delivery (hereinafter „delivery“).
3.5. Before the order is sent to the retailer, the buyer is able to validate and change the information given by him during the ordering process, with regards to the possibility of the buyer identifying and correcting errors that could have occurred during the ordering process. The order is sent to the retailer using the „Order“ button. The information provided in the order are considered correct.
3.6.By sending the order, the retailer fulfils his obligation to the buyer, who provided the necessary information about the ordered goods, price, payment method, identification of the buyer, creating a binding draft purchase contract with the retailer. Condition of validity for the contract is providing all necessary information, reading and understanding the terms and conditions and agreeing to the terms and conditions.
3.7. The retailer will immediately, upon receiving the order, confirm the receival to the buyer, using the buyers email address provided by the buyer either in his user account or in the order form (hereinafter „buyer’s email address“).
3.8.The retailer is authorized, depending on the character of the order (amount of goods, purchasing price, expected shipping costs), to ask the buyer for additional confirmation of the order (by telephone or in writing).
3.9.Draft purchase contract in the form of an order if valid for 15 days.
3.10.Contractual relationship between the retailer and buyer is formed by acknowledgement of a received order (acceptation), sent by the retailer to the buyer to the buyers email address.
3.11. In case, when the retailer cannot fulfil a request in the order, the retailer will send an altered version of the order to the buyer with possible variations to the order, and request on the position of the buyer.
3.12.The altered order proposition is considered a new draft purchase order and the purchase order created by the altered order proposition is entered upon receiving acceptation from the buyer using email.
3.13.The buyer accepts using means of communication by email and phone entering the purchase contract. Incurred costs to the buyer (internet connection, phone connection) are covered by the buyer, the costs do not differ from the base rate.
4. GOODS PRICE AND PAYMENT CONDITIONS
4.1.Price of the order and possible costs associated costs of delivery of goods ordered may be payed using the following options:
A)in cash, at the retailer’s place of business at Přístavní 1315/7, 17000, Praha 7;
B) bank transfer to the retailer‘s bank account no. 2801623928/2010, held at Fio Banka (hereinafter „retailer‘s bank account“);
C) using Paypal
D) online credit card payment.
4.2. The buyer is obliged to cover the costs of packing and delivery together with the goods price, the total price is written in the purchase contract. Unless specified otherwise, the goods price includes the costs of packing and delivery.
4.3. In case of payment by cash, the goods price is payable upon receiving goods. In case of non-cash payments, the goods price is payable for 15 days upon entering the contract.
4.4. In case of bank transfer, the buyer is obliged to pay the goods price and include the provided variable symbol of payment. In case of non-cash money transfer, the buyer’s obligation to pay the price of the order is fulfilled upon the sum being delivered to the retailer’s bank account.
4.5. The retailer is authorized, especially in cases, when the buyer does not provide additional confirmation (article 3.8), to ask for payment upfront, before the order is shipped. Stipulation § 2119 article 1 Civil code is not applicable.
4.6. Possible discounts of prices provided by the retailer to the buyer cannot be combined.
4.7. Discount vouchers and gift cards (hereinafter „vouchers“) can be applied only for purchases made in the Bugshop.cz on-line store interface. The Vouchers are usable once and only before the expiration date. If the total price of the order exceeds the value of the voucher, the buyer can cover the rest of the price. If the order price does not exceed the voucher value, the buyer can use the voucher, but the retailer is not obliged to pay back the rest of the value to the buyer. Purchasing the voucher is binding, after its purchase the retailer cannot cancel the order, or change the value of the voucher. The voucher cannot be combined with other discounts and can’t be used to cover costs of delivery. Unused vouchers can neither be sold, nor exchanged.
4.8. If it is customary for business relationship, or it is established by general binding legal regulation, the retailer will make an invoice based on the purchase contract. The retailer is liable to VAT. The invoice is made after receiving the payment and is sent electronically to the buyer’s email address.
5. WITHDRAWAL FROM PURCHASE CONTRACT
5.1. The buyer acknowledges, that according to stipulation § 1837, Civil code, withdrawal is not possible in cases including:
5.1.1. delivery of goods specifically modified by the request of buyer, or custom fit for an individual,
5.1.2. delivery of goods that are perishable and goods, that were irreversibly mixed with other goods upon delivery,
5.1.3. delivery of goods packed in a closed container, that were removed from the packaging and cannot be returned for sanitary reasons,
5.1.4. delivery of newspapers, periodic literature, newspapers, or other media, including data storage,
5.1.5. delivery ofdigital content, in case it wasn’t delivered on a physical data storage and was delivered with prior additional confirmation of the buyer before the expiration of possible withdrawal period and the retailer informed the buyer prior to entering the contract, that he cannot withdraw from the contract.
5.1.6.Withdrawal from the contract is effective the moment it’s delivered to the retailer during the statutory deadline. It is advised to insure the returned goods. Upon fulfilling the legal conditions of withdrawal from the entered contract, the price of the goods purchased will be returned to the buyer, possibly reduced by the actual costs incurred to the retailer associated with returning the goods. The purchase price will be transferred to the buyer’s bank account within 30 days upon the effective withdrawal.
5.1.7. Thebuyer also withdraw from the contract, if the type of goods purchased cannot be returned. This applies especially for used (tried) goods of erotic character, (e.g. clothing, vibrators), when the character of the goods does not allow for safe use on a different person (different buyer), with regards to health and sanitary requirements.
5.1.8. In case the buyer choses to apply his right of withdrawal from the contract, he shall send his expression of will to withdraw, along with the complete package of undamaged goods (user manual, warranty, accessories), ideally including the original undamaged packaging.
5.1.9. The retailer is authorized to demand compensation for possible damages caused to the goods, resulting in lowered value of the goods, especially traces of use or incomplete products. This does not affect the buyers right to withdraw from the purchase contract without any sanctions.
5.2. I fit is not the case detailed in article 5.1, or other case, that would prevent the buyer from withdrawing, the buyer has a right to withdraw in accordance with § 1829 article 1 Civil code, and to do so within 14 days of receiving the goods, where in case the order was delivered in multiple deliveries, the 14-day period starts the day of the last delivery. The withdrawal must be sent to the retailer within the period previously mentioned.
5.3. Withdrawal from the entered contract can be delivered to the retailer at his place of business. For delivering the withdrawal applies the stipulation article 11. of terms and conditions.
5.4. In case of withdrawing from the contract according to article 5.2 of the terms and conditions, the purchase contract is annulled. The goods must be returned within 14 days upon withdrawing to the retailer. If the buyer withdraws from the contract, the costs of returning the goods are covered by the buyer, even in cases, when the goods cannot be shipped using postal services.
5.5. In case of withdrawing from the contract according to article 5.2 of the terms and conditions, the retailer will return money received to the buyer within 14 days of the withdrawal, using the same payment method the money was sent by the buyer. The retailer is also authorized to return the payment for goods already returned, if the buyer agrees and no additional costs to the buyer will arise. If the buyer withdraws from the contract, the retailer is not obliged to refund the price of the order until the goods are received by the retailer, or the buyer provides a proof of shipping the goods to the retailer.
5.6. The retailer can subtract the costs caused by the damaged goods from the money refunded to the buyer.
5.7. Until the goods are received by the buyer, the buyer is authorized to withdraw from the contract at any time. In this case, the goods shall be returned to the retailer without delay and money will be transferred to the buyer’s bank account.
5.8. If the buyer is provided with a gift together with the purchased goods, the gift contract is drafted with an exiting condition, effective in case of withdrawal by the buyer, the gift contract is expired and the gift has to be returned to the retailer along with the goods.
6. TRANSPORTATION AND DELIVERY OF GOODS
6.1.In cases, when a non-standard method of transportation is agreed upon, based on the buyers request, the risks and possible additional costs stemming from the agreed method of transportation are covered by the buyer.
6.2.If the retailer is obliged to deliver the goods to a place specified in the order, the buyer is obliged to receive the goods.
6.3.In case, when complication on the side of the buyer cause multiple attempts of delivery, or using different method of transportation, the buyer covers the additional costs caused by multiple attempts of delivery, or by using a different method of transportation
6.4.Upon receiving the purchased goods, the buyer is obliged to check for any damages or traces of opened packaging, and should he find any, reports them immediately to the transport company. In cases, when the packaging indicates unauthorized opening of the package, the buyer is not obliged to take the package from the transport company.
6.5. Bugshop uses following distribution methods: DPD, Czech postal services or personal collection at place of business. In cases of shipping orders to foreign countries, the packages are handled by contractual partners.
7.1. Right and obligations of the contracting parties regarding the obligations of noncompliance are in accordance with general binding regulations (especially stipulations § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 Civil code).
7.2. The retailer is obliged to the customer, to provide goods with no flaws. Especially, the retailer is obliged to provide goods that upon delivery:
7.2.1. are in a condition agreed upon, in case of a missing agreement are in a condition described by the manufacturer or the retailer, or in condition expected, based on advertising for the products,
7.2.2. are fit to be used as the retailer claims, or for the purpose the products are usually used,
7.2.3. match the provided sample product, or the agreed design, in cases when the contracting parties agreed upon a design based on a sample product or an agreed design,
7.2.4. the goods are provided in adequate amount, volume or weight and
7.2.5. the goods suit the legal requirements.
7.3. Stipulations in article 7.2 of terms and conditions do not apply in cases of goods sold at a price agreed upon by the contracting parties, discounted for reasons such as traces of use caused by usual use, the discount reflects the amount of use on the goods at the point of delivery the buyer, or reflects the state of the goods.
7.4. Complaints can be filed by the buyer at the place of business of the retailer, where the goods can be returned, depending on the type of goods, eventually in the residency or office. The complaint is considered valid when the retailer received the returned goods.
7.5. Other rights and obligations of the contracting parties can be modified by the complaints procedure of the retailer.
8. ADDITIONAL RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. Thebuyer gains ownership of the goods upon paying the purchase price.
8.2. The retailer is not bound to the buyer by any code of conduct stemming from stipulation § 1826 article 1 letter e) Civil code.
8.3. Out-of-courtsettlement of complaints are handled by the retailer at his email address email@example.com. Information’s about settling the complaint are sent to the buyer’s email address.
8.4. The retailer is authorized to sell goods based on his trade license. Trade inspection is performed by appropriate trade licensing office. Protection of personal data is supervised by the Office for personal data protection. Czech business inspection performs to a limited extent, among other things, supervision over compliance with the law no. 634/1992 Coll., consumer protection, in the later amended.
8.5. The retailer takes over the risk of change of circumstances, as stated in § 1765 article 2 Civil code.
9. PROTECTION OF PERSONAL DATA
9.1. Protection of personal data of the buyer, in case of an individual, is provided by law no. 101/2000 Coll., protection of personal data, it the later amendment.
9.2. Thebuyer agrees to processing of following information: first name, last name, home address, personal identification number, tax identification number, email address, phone number (hereinafter „personal data“).
9.3. The buyer agrees with processing his personal data by the retailer, for reasons of fulfilling terms and conditions of the purchase contract, and for reasons of user account management. If the buyer does not choose otherwise, he agrees with his personal data being processed by the retailer for sending additional information and messages. Agreeing to the processing of personal information to the full extent is not a requirement that would prevent the contract from being entered if not met.
9.4. The buyer acknowledges he is obliged to provide (in account creation and management, creating and order using the online store interface) correct personal information, and is to inform the retailer without delay of any changes to his personal information.
9.5. The retailer can entrust the procession of personal information to a third party, as the entrusted data processor.
9.6. Personal data are store indefinitely. Personal information will be processed electronically, by automated process, or in print, processed manually.
9.7. The buyer agrees, that provided personal information are correct and he was informed of the fact, he is providing his information voluntarily.
9.8. In case when the buyer suspects, that the retailer of the entrusted third party (article 9.5) processes his personal information in a way that is conflict with the law, especially the personal information are unclear as to why they are being processed, the buyer can:
9.8.1. ask the retailer or the entrusted third party for clarification,
9.8.2. demand, that the retailer the third party entrusted removes the results created.
9.9. If the buyer requests information about processing his personal information, the retailer is obliged to provide such information. The retailer is authorized to demand payment for providing the information, not exceeding the costs spent on providing the information.
10. BUSINESS MESSAGES AND USING COOKIES
10.1.The buyer agrees to receiving information related to the goods, services of business of the retailer to his email address, and agrees with receiving business messages sent by the retailer to his email address.
11.1.Notifications regarding the relationship of the contracting parties, especially must be delivered by postal services in a form of a letter, if the purchase contract does not state otherwise. Notifications are delivered to a contact address of the buyer and are considered delivered and valid upon receiving the letter, except in cases of notification of withdrawal by the retailer, when the withdrawal is valid upon sending, if the buyer is notified within the legal period.
11.2.The notification is considered delivered even in cases, when the retailer refused to receive the letter, did not receive the letter within postal service deposit period, or the letter was sent back as undelivered.
11.3.The contracting parties can deliver common correspondence using email addresses provided in the buyer’s account or in the purchase order and on the web page of the retailer.
12. FINAL STIPULATION
12.1. If the relationship formed by entering the contract contains international (foreign) element, then the contracting parties act according to Czech laws. This does not affect the buyer’s consumer rights provided by the general binding legal regulations.
12.2. No warranty is given either implied or expressed. Products are intended as novelty only, and no representation is made or implied as to their suitability or safety for any particular use. Purchasers use the products entirely at their own risk. The manufacturer or re-seller is not liable for any direct, indirect, incidental or consequential damage or loss howsoever arising caused by use or misuse of the products. This includes, but is not limited to, damage to the products and personal injury or damages due to use or misuse.
12.3. If any stipulation of the terms and conditions is invalid, or becomes invalid, instead of the invalid stipulation, a valid stipulation with closest meaning to the original comes in effect. Invalidity of a stipulation does not affect the rest of terms and conditions. Changes in the purchase contract or terms and conditions need to be in written form.
12.4.The purchase contract, including the terms and conditions is archived by the retailer electronically, and is not accessible to the buyer or public.
12.5.Contact information of the retailer: delivery address HELL.cz s.r.o., Přístavní 1315/7, 170 00, Prague 7, email address firstname.lastname@example.org, phone number 702160621.
These conditions take effect on 25.7.2015