Terms and conditions
The operator of the e-shop SCUTICA s.r.o. trading company
SCUTICA s.r.o., 090 33 149, VAT number CZ 090 33 149
General provisions
These terms and conditions apply to purchases made in the online shop www.scutica.cz operated by SCUTICA s.r.o., 090 33 149, VAT number. The content of the terms and conditions is the definition of the rights and obligations of the seller and the buyer. Legal relations not expressly regulated by these terms and conditions are governed by Act No. 89/2012 Coll.
Interpretation of terms
Seller
A person who offers and sells goods as part of his business activity.
Buyer
A person who purchases goods from the seller. The buyer person may be a consumer buyer or a business buyer.
Consumer buyer
A person who enters into a contract with a seller outside his or her business. A person who enjoys the protection of Act No. 634/1992 on consumer protection.
Buyer-entrepreneur
A person who, in the course of his business or independent exercise of his profession. This person does not enjoy the protection of Act No. 634/1992 Coll. on Consumer Protection. Goods
An object of purchase is displayed in the seller's online shop.
I.
Purchase of goods
Purchase contract
A contract between the seller and the buyer. The Purchase Contract can be concluded remotely, through electronic and other communication between the Seller and the Buyer without the necessary physical presence of the parties. The conclusion of the contract of sale shall give rise to an obligation on the part of the seller to hand over the object of purchase to the buyer. Upon conclusion of the purchase contract, the buyer is obliged to take over the object of purchase from the seller and to pay the agreed purchase price to the seller.
II.
Goods
Presentation of the goods
The goods are displayed in the Seller's online shop at www.scutica.cz under: A description containing the name of the goods and their characteristics ( e.g. material description, load capacity, safety)
Textile goods contain size information/reference to size chart
Purchase price (includes VAT and all charges) Availability of the goods
Ordering goods
The buyer orders the goods by making a purchase in the seller's online shop at www.scutica.cz.
The Buyer does so by placing the goods in the virtual basket. For each item, there is a choice of the number of goods ordered. The order is considered to be duly concluded only if the Buyer fills in all the prescribed data on the order form and the individual steps of the order. It is the Buyer's responsibility to check all the information provided herein before sending the order. If the Buyer agrees with the content of the order and the order expresses his will, he sends the order to the Seller. The proper order is a draft purchase contract.
The Seller shall notify the Buyer of the receipt of the order by a message to the Buyer's email address. This message is not a confirmation of the order by the Seller, but a confirmation of acceptance of the order by the Buyer. The purchase contract is concluded upon acceptance of the order by the Seller.
The Seller is not obliged to accept the Buyer's order, especially on the content of the order, e.g. large quantities, currently different price of the goods. In this case, the Seller has the right to verify the content of the order directly with the Buyer, e.g. by telephone.
Delivery conditions and payment for the goods
The Seller's delivery period for delivery of the goods, within the European Union, is a maximum of 30 days from the date of conclusion of the purchase contract between the Seller and the Buyer. Should the Seller be unable to deliver the goods to the Buyer within the time limit, the Seller shall inform the Buyer of this fact and inform the Buyer of an alternative delivery date. It is the Buyer's right to withdraw from the Purchase Contract if the Buyer does not agree to the alternative delivery date. The same right applies to the seller, who has the right to withdraw from the contract in the event of unavailability of the goods and to inform the buyer of this fact. In the case of a purchase price already paid, the seller shall refund the purchase price to the buyer in connection with the withdrawal from the purchase contract. As a rule, the refund of the purchase price is made to the bank account of the buyer, which he informs the seller of for this purpose.
The Seller shall charge the Buyer for the shipping of the goods. Their price is indicated for each type of transport chosen by the Buyer in the order of goods. Information on the transport of goods is given on the Seller's website www.scutica.cz in the section Transport and payment for delivery within the Czech Republic/European Union/Extra European Union. The Seller or the carrier is entitled to verify the Buyer's identity upon receipt of the goods according to the Buyer's valid identity document and to note the identification of this document. The seller's right is thus directly linked to the interest of preventing the misuse of payment cards. The Buyer agrees to provide the Seller with a valid proof of identity and for the Seller to retain the identification data for 6 months from the time of receipt of the goods. The Buyer agrees to the use of remote means of communication when concluding the purchase contract. The costs associated with this are borne by the buyer.
III.
Purchase price and its payment
The purchase price is inclusive of VAT and remains valid for the period of time it is displayed on the Seller's website www.scutica.cz. By placing an order for goods, the buyer is obliged to pay the purchase price, including the shipping fee for the goods according to the chosen method of delivery.
The purchase contract is concluded in the Czech/English language. If the order includes a foreign element, both parties agree that the purchase contract will be governed by Czech law at the time of acceptance.
When purchasing goods, the buyer chooses the payment method of immediate payment by card/bank transfer/GoPay. The purchase price is payable immediately at the moment of placing the order or concluding the purchase contract. An exception is the chosen method of payment in the shop, then the purchase price is payable only upon receipt of the goods by the buyer at the checkout.
The Seller charges the Buyer for the shipping of the goods. Their price is indicated for each type of transport, which the buyer chooses within the order of goods. Information on the transport of goods is given on the Seller's website www.scutica.cz in the section Transport and payment for delivery within the Czech Republic/European Union/Extra European Union. The Seller shall issue the Buyer with a tax receipt for the purchase of the goods based on the Purchase Agreement and send it in the electronic form to the Buyer's electronic address. According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received sales with the tax administrator online, in case of technical failure, no later than 48 hours after the conclusion of the purchase contract.
In the event of non-acceptance of the goods by the buyer, which were delivered to him in the manner chosen by him, the purchase contract is terminated. The parties shall then reimburse each other for all payments still associated with the purchase contract. The buyer is obliged to reimburse the seller for all costs incurred in the delivery of the goods.
The Purchase Contract is archived by the Seller in electronic form and is not publicly accessible.
IV.
Liability for defects
The Buyer shall have the right to exercise the right to claim for defects in consumer goods within 24 months (hereinafter referred to as the "warranty period") from the date of receipt of the goods unless otherwise stated on the packaging of the goods. The Seller thus guarantees that during the warranty period the goods can be used in the manner for which they are intended and that the goods will retain their usual characteristics and degree of wear and tear. The shortest period of durability is indicated for the consumable item.
If a defect appears within 6 months of the buyer's receipt of the goods, the buyer has the right to claim the defect and choose the method of its removal. The buyer is not entitled to the right of defective performance if he knew about the defect of the goods at the time of receipt of the goods or if the buyer himself or a third party caused the defect by improper use of the goods or by insufficient care of them.
The buyer shall claim the defect in the goods from the seller. To speed up the process, the Seller recommends that the defects of the goods be claimed by sending the goods to the address of Scutica s.r.o., Husitská 74/39. Prague 3, 130 00 or in person at the Seller's shop/operating office at Scutica s.r.o., Husitská 74/39, Prague 3, 130 00
For goods that are used by the buyer in direct contact with the buyer's body or third parties, the buyer's choice to settle the claim by way of return or exchange is not possible. These are e.g. whips, canes, erotic underwear, erotic stimulation aids, erotic furniture, harnesses, latex clothing and accessories, spanking paddles, leather bondage sets, ropes for Japanese bondage, reeds, etc. For these goods, a claim is possible only in the event of a defect in the goods which is found to be repairable or otherwise removable.
The Seller is obliged to issue a written confirmation to the Buyer stating when the defect was claimed by the Buyer, what is the content of the claim and what method of claim is chosen by the Buyer. After the claim has been settled, the Seller shall inform the Buyer in writing of the method of settling the claim: the method of settling the claim, the method and duration of repair or rejection of the claim. This information is sent by the Seller to the Buyer within 3 days of receipt of the goods for complaint. The complaint itself must be settled without undue delay, but no later than 30 days, unless the seller and the buyer agree on a longer period. After the complaint has been settled, the Seller shall inform the Buyer of the period within which the goods can be collected; if this does not happen, the Buyer shall be obliged to collect the goods within 30 days following the Seller's confirmation of acceptance of the complaint. In the event of non-collection of the goods by the buyer for more than 8 months from the date of the complaint, the seller is entitled to sell the goods to a third party. The buyer in such a case is entitled to the proceeds of the sale of the goods less the seller's costs associated with the storage and subsequent sale of the goods.
V.
Withdrawal from the Purchase Agreement
The consumer buyer has the right, without giving any reason, to withdraw from the purchase contract concluded with the seller through the e-shop within 14 days of the conclusion of the purchase contract, or the day on which the goods were received. Scutica s.r.o., Husitská 74/39, Prague 3, 130 00 or in person at the seller's shop/delivery at Scutica s.r.o., Husitská 74/39, Prague 3, 130 00
The Buying Consumer is obliged to return the goods to the Seller within 14 days from the date of withdrawal from the Purchase Contract by sending them by post to Scutica s.r.o., Husitská 74/39, Prague 3, 130 00 or in person at the Seller's shop/delivery at Scutica s.r.o., Husitská 74/39, Prague 3, 130 00
The costs associated with the return of the goods are borne by the buyer-consumer. The Seller is obliged to return the performance of this purchase contract, in particular the purchase price, to the Buyer without delay, but no later than within 30 days of receipt of the Buyer's information about the intention to withdraw from the purchase contract. For the return of the purchase price, the Seller shall use the same method by which the purchase price was paid by the Buyer.
The consumer buyer does not have the right to withdraw from services that were agreed together with the purchase contract, e.g. transport of goods.
Taking into account Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997, the buyer does not have the right to withdraw from the purchase contract in the case of goods that cannot be returned for hygiene reasons. Goods that are used by the buyer in direct contact with the buyer's body or that of third parties. These are e.g. whips, reprimands, erotic underwear, erotic stimulation aids, erotic furniture, harnesses, latex clothing and accessories, spanking paddles, leather bondage sets, ropes for Japanese bondage, reeds, etc.
VI.
Information obligation on out-of-court settlement of consumer disputes
The Seller shall inform the Buyer of the possibility of resolving out-of-court consumer disputes within the Czech Trade Inspection Authority, based in Prague 2, Štěpánská 567/15, or via the Internet address of this institution at https://adr.coi.cz/cs. The online dispute resolution platform can be found at the internet address http://ec.europa.eu/consumers/odr. Disputes arising from purchase contracts with an international element can then be resolved at the European Consumer Centre Czech Republic, located at Prague 2, Štěpánská 567/15, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 of the European Court of Justice and Directive 2009/22/EC on the Regulation on online dispute resolution for consumer disputes.
VII.
Final provisions
These general terms and conditions are valid from 1.10.2021 These General Terms and Conditions may only be amended in writing with effect from their publication on the website www.scutica.cz