Terms and Conditions

General Terms and Conditions

I.

Basic Provisions

1. These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code").

Topsexdolls.cz s.r.o.

Company ID (IČ): 08061106

Tax ID (DIČ): CZ08061106

Registered office: Mojmírova 1739/8, 140 00 Prague

Contact details:

email: info@topsexdolls.cz

phone: 607288195

www.topsexdolls.cz

2. These Terms and Conditions regulate the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter referred to as the "Buyer") through the web interface located on the website available at the internet address www.topsexdolls.cz (hereinafter referred to as the "Online Store").
3. Provisions of the Terms and Conditions are an integral part of the purchase contract. Deviating arrangements in the purchase contract shall take precedence over the provisions of these Terms and Conditions.
4. These Terms and Conditions and the purchase contract are concluded in the Czech language.

II.

Information about Goods and Prices

1. Information about the goods, including the prices of individual goods and their main characteristics, are provided for each item in the Online Store catalogue.
2. Prices of goods are listed including value added tax and all related fees.
3. Prices of goods remain valid for as long as they are displayed in the Online Store. This provision does not preclude the negotiation of a purchase contract under individually agreed conditions.
4. All presentations of goods placed in the Online Store catalogue are of an informative nature, and the Seller is not obliged to conclude a purchase contract regarding these goods.
5. Information on costs associated with packaging and delivery of goods is published in the Online Store. Information on costs associated with packaging and delivery of goods listed in the Online Store applies only in cases where the goods are being delivered within the territory of the EU.
6. Any discounts on the purchase price of the goods cannot be combined with each other, unless the Seller and the Buyer agree otherwise.

III.

Order and Conclusion of the Purchase Contract

1. Costs incurred by the Buyer when using distance communication means in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself. These costs do not differ from the basic rate.
2. The Buyer places an order for goods through their customer account (if they have registered previously) or by filling out the order form without registration.
3. When placing an order, the Buyer selects the goods, parameters of the goods (including specific custom modifications), number of pieces of goods, method of payment, and delivery.
4. Before sending the order, the Buyer is allowed to check and change the data they have entered into the order. The Buyer sends the order to the Seller by clicking the submit order button. The data specified in the order are considered correct by the Seller. A condition for the validity of the order is the completion of all mandatory data in the order form and the Buyer's confirmation that they have familiarized themselves with these Terms and Conditions.
5. Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address specified by the Buyer when ordering. This confirmation is deemed to be the conclusion of the purchase contract. Attached to the confirmation are the current Terms and Conditions of the Seller.
6. In the event that the Seller cannot fulfill any of the requirements specified in the order, they shall send an amended offer to the Buyer's email address. The amended offer is considered a new proposal for a purchase contract, and the purchase contract is concluded in such case by the Buyer's confirmation of acceptance of this offer.
7. All orders accepted by the Seller are binding. The Buyer may cancel an order until a notice of acceptance of the order by the Seller is delivered to the Buyer, and this exclusively for goods that are not modified or custom-made to order. The possibility of cancellation or revocation of a binding order for custom-made goods after its acceptance is governed by the specific periods specified in Article V of these Terms and Conditions.
8. In the event of an obvious technical error on the part of the Seller when stating the price of goods in the Online Store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this clearly erroneous price. The Seller shall inform the Buyer of the error without undue delay and send an amended offer to the Buyer. The amended offer is considered a new proposal for a purchase contract.

IV.

Customer Account

1. Based on the registration of the Buyer carried out in the Online Store, the Buyer can access their customer account, from which they can place orders for goods. The Buyer can also order goods without registration.
2. When registering a customer account and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data specified in the user account upon any change thereto.
3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The Seller bears no responsibility for any misuse of the customer account by third parties.
4. The Buyer is not entitled to allow third parties to use the customer account.
5. The Seller may cancel the user account, in particular if the Buyer does not use their user account for a longer period, or if the Buyer breaches their obligations under the purchase contract and these Terms and Conditions.
6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of hardware and software equipment of the Seller or third parties.

V.

Payment Terms, Production and Delivery Times of Goods

1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract via non-cash transfer to the Seller's bank account No. 2300573870/2010 maintained with FIO banka, via non-cash payment card, or via non-cash means through the ComGate payment gateway or the PayPal system.
2. Together with 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 hereinafter, the purchase price shall also be understood to include the costs associated with the delivery of the goods.
3. In the case of non-cash payment, the purchase price is payable within 7 days of the conclusion of the purchase contract.
4. In the case of payment through a payment gateway, the Buyer shall follow the instructions of the relevant electronic payment provider.
5. The Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's bank account.
6. Payment of the purchase price before the shipment of the goods is not a deposit, but a full payment of the purchase price in advance, which is required particularly with regard to the nature of goods manufactured or modified to order.
7. The Buyer acknowledges that all production times specified in the Online Store are indicative only and are provided and determined by a third party (manufacturer/subcontractor).
8. Due to the complexity of custom manufacturing and international logistics, the Seller expressly reserves the right to extend this production period by up to 40 days.
9. The maximum period for delivery of goods is 120 days from the moment the order is placed (submitted to production and dispatch).
10. The Buyer acknowledges and agrees that due to the individual nature of the performance, they are entitled to unilaterally cancel the order or withdraw from the contract due to non-delivery of goods only after the expiry of this maximum period of 120 days. Before the expiry of this period, unilateral cancellation of the order by the Buyer is impermissible.
11. The goods are delivered to the Buyer at the address specified by the Buyer in the order. The choice of delivery method is made during the ordering of the goods.
12. The costs of delivery of the goods are specified in the order and in the order confirmation. In the event that the method of transport is agreed upon based on a special request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this method of transport.
13. If the Seller is obliged under the purchase contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. In the event that the Buyer refuses to take over a shipment that has already been dispatched and/or paid for, the Seller has fulfilled their obligation to deliver the goods.
14. In the event of an unsuccessful delivery or refusal of acceptance due to reasons on the part of the Buyer, this conduct is considered a breach of the purchase contract. In such case, the Buyer is obliged to reimburse the Seller for all demonstrably incurred costs associated therewith, which fall entirely to the account of the Buyer.
15. These costs include: costs of dispatch, packaging, and unsuccessful delivery towards the Buyer; direct and indirect costs of return transport of the goods to the Seller (including international and domestic freight transport costs); transaction fees of financial institutions and payment gateways (e.g., non-refundable fees to providers ComGate, PayPal or bank fees for processing the payment and subsequent refund); all other fees and costs of third parties incurred by the Seller in direct connection with this order and its unsuccessful delivery. The Seller is entitled to unilaterally offset these costs against the paid purchase price of the goods and return only the remaining amount to the Buyer.
16. Upon taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without delay. In the event of finding a breach of the packaging indicating unauthorized intrusion into the shipment, the Buyer does not have to take over the shipment from the carrier. Non-acceptance for this reason is not considered a breach of contract by the Buyer.
17. The Buyer acquires ownership rights to the goods by paying the full purchase price for the goods, including delivery costs, but no earlier than by taking over the goods. Liability for accidental destruction, damage, or loss of the goods passes to the Buyer at the moment of taking over the goods or at the moment when the Buyer had the obligation to take over the goods but failed to do so in breach of the purchase contract.

VI.

Withdrawal from the Contract

1. ABSOLUTE EXCLUSION OF THE RIGHT TO WITHDRAW FROM THE CONTRACT (Custom-made and ultra-hygienic goods): The Buyer expressly acknowledges that under the provisions of Section 1837 of Act No. 89/2012 Coll., Civil Code, the consumer DOES NOT have the right to withdraw from the purchase contract and return the goods in the following cases (points 2 and 3):
2. Goods manufactured to order and modified according to the client's needs (Section 1837(d)): This concerns goods that were manufactured, assembled, or modified according to the specific wish of the Buyer or directly for their person (including individual configurations of parameters, choice of body dimensions, appearance, accessories, or materials of erotic dolls). From the moment such goods are submitted to production, the order cannot be cancelled, modified, nor can the contract be withdrawn from.
3. Goods of an ultra-hygienic nature (Section 1837(g)): Given that the range of the e-shop consists of specific realistic dolls, torsos, intimate aids, and their accessories, these are goods of a strictly ultra-hygienic nature. For health protection and hygiene reasons, these goods are inherently non-returnable. The possibility of withdrawal from the contract and returning the goods is completely and unreservedly excluded for these products.
4. If it concerns goods for which the right to withdraw from the contract has not expired by law (i.e., standard standardized stock goods that have not been modified to order and do not have an ultra-hygienic character), the Buyer, as a consumer, has the right to withdraw from the purchase contract within a period of 14 days from the takeover of the goods.
5. If the Buyer withdraws from the contract (in cases where it is legally possible for standard goods, or in the case of non-acceptance of a shipment, which is classified by the Seller as a withdrawal from the contract by breach of obligations), all financial costs associated with this action fall entirely to the account of the Buyer.
6. In such case, the Buyer is obliged to reimburse the Seller for direct and indirect costs of returning the goods to the Seller (postage, courier services, packaging, costs of return international or domestic transport), even if the goods cannot be returned by the usual postal route due to their nature.
7. The Buyer is obliged to pay transaction fees of financial institutions and payment gateways (e.g., non-refundable fees to providers ComGate, PayPal or bank fees for processing the transaction and subsequent refund).
8. The Buyer is obliged to pay all other demonstrable fees and costs of third parties incurred by the Seller in direct connection with the processing, dispatch, cancellation, or return of this order.
9. The Seller is entitled to unilaterally offset all these demonstrable costs and fees against the Buyer's claim for a refund of the purchase price. The amount returned to the Buyer will be reduced by these items.
10. To meet the deadline for withdrawal from the contract (where permissible), the Buyer must send a statement of withdrawal within the withdrawal period to the email address of the Seller. The Seller shall confirm receipt of the form without delay.
11. The Buyer is obliged to return the goods within 14 days of withdrawal. The goods must be returned completely undamaged, unworn, and unsoiled. The Seller is entitled to unilaterally offset a claim for compensation for damage incurred to the goods against the Buyer's claim for a refund of the purchase price.
12. The Seller is entitled to withdraw from the purchase contract due to stock exhaustion, unavailability of goods, or when the subcontractor or manufacturer has interrupted production or import of components for custom-made goods. The Seller shall immediately inform the Buyer via the email address and return all funds received in the same manner within 14 days.

VII.

Rights from Defective Performance (Complaints)

1. The Seller is liable to the Buyer that the goods are free from defects upon takeover. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the goods: they correspond to the agreed description, type, and quantity, as well as quality, functionality, and other agreed characteristics; the goods are fit for the purpose for which the Buyer requires them and with which the Seller agreed, or for which goods of this type are usually used; the goods comply with the requirements of legal regulations.
2. If a defect manifests itself within half a year (6 months) from the takeover of the goods by the Buyer, it shall be deemed that the goods were already defective upon takeover, unless this is contradicted by the nature of the thing or the defect. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within a period of 24 months from takeover. This provision shall not apply to goods sold at a lower price for the defect for which the lower price was agreed, to wear and tear of the goods caused by its usual use, or if it follows from the nature of the goods.
3. If the goods have a defect, the Buyer may request its removal. According to their choice, they may request the delivery of a new thing without defects or repair of the thing, unless the chosen method of removing the defect is impossible or disproportionately costly compared to the second method (especially in the case of highly complex goods manufactured to individual order).
4. The Buyer may request a reasonable discount or withdraw from the contract if the Seller has not removed the defect or refused to remove it, if the defect manifests itself repeatedly, or if the defect constitutes a material breach of contract. The Buyer cannot withdraw from the contract if the defect of the item is insignificant.
5. The Seller is obliged to accept a complaint at any establishment where the acceptance of complaints is possible, or also at the registered office or place of business. The Seller is obliged to issue a written confirmation to the Buyer stating when the Buyer exercised the right, what the content of the complaint is, and what method of handling the complaint the Buyer requires.
6. The complaint, including the removal of the defect, must be settled without undue delay, no later than within 90 days from the date of the complaint, unless the Seller agrees with the Buyer on a longer period. The vain expiry of this period is considered a material breach of contract, and the Buyer has the right to withdraw from the purchase contract or request a reasonable discount.
7. The Buyer is not entitled to rights from defective performance if the Buyer caused the defect themselves (e.g., by mechanical damage, use in conflict with the maintenance instructions for specific materials such as TPE/silicone, or use of unsuitable cleaners and lubricants). Wear and tear of the item caused by its usual use is not considered a defect.
8. In the case of a justified complaint, the Buyer has the right to compensation for purposefully incurred costs in connection with the exercise of the complaint. The Buyer may exercise this right with the Seller within one month after the expiry of the period in which the defect must be pointed out.
9. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection). Other rights and obligations of the parties are regulated by the Seller's Complaints Procedure.

VIII.

Delivery

1. The contracting parties may deliver all written correspondence to each other via electronic mail (e-mail).
2. The Buyer delivers correspondence to the Seller at the email address: info@topsexdolls.cz. The Seller delivers correspondence to the Buyer at the email address specified in their customer account or in the order.

IX.

Out-of-Court Settlement of Disputes

1. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID (IČ): 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from a purchase contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from a purchase contract.
2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes.
3. The Seller is entitled to sell goods on the basis of a trade license. Trade inspection is carried out within the scope of its competence by the relevant trade licensing office. The Czech Trade Inspection Authority exercises, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, within a defined scope.

X.

Final Provisions

1. All arrangements between the Seller and the Buyer are governed by the legal order of the Czech Republic. If the relation established by the purchase contract contains an international element, then the parties agree that the relation is governed by the law of the Czech Republic. This does not affect the rights of the consumer resulting from generally binding legal regulations.
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.
3. All rights to the Seller's website, in particular copyrights to the content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is forbidden to copy, modify, or otherwise use the website or its part without the consent of the Seller.
4. The Seller bears no responsibility for errors resulting from third-party interventions in the Online Store or as a result of its use contrary to its purpose. When using the Online Store, the Buyer must not use procedures that could have a negative impact on its operation and must not perform any activity that could allow unauthorized interference with or use of the software equipment.
5. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
6. The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible.
7. The wording of the Terms and Conditions may be unilaterally changed or supplemented by the Seller. This provision does not affect the rights and obligations that arose during the period of validity of the previous wording of the Terms and Conditions.

This version of the Terms and Conditions becomes effective on 24 June 2019 upon modification and publication by the operator.