General Terms and Conditions 

These terms apply to all purchases on the sensuelle.cz website, operated by Sensuelle Fantasy s.r.o., with registered office: Pštrossova 1921/9, Nové Město, 110 00 Prague 1, Czech Republic, ID No.: 21727856, registered in the Commercial Register kept by the Commercial Register of the Commercial Register in Prague under C 405690 ("SensuElle").

The goods offered come from verified importers or distributors in the EU. Purchases on Sensuelle.cz are governed exclusively by the law of the Czech Republic, and the products are primarily accompanied by information in the Czech language.

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Intoduction

As a business entity, SensuElle engages in commercial and other entrepreneurial activities to offer products to buyers on the Website.

A buyer is a natural person acting in the capacity of a consumer (hereafter “the Buyer”). These Terms and Conditions do not apply to instances where the Buyer is a natural person or a judicial person acting in the capacity of a business entity. In specifying the designations consumer and business entity, the relevant provisions of Act No. 89/2012 Coll. of the Czech Civil Code, as amended (hereafter “the Civil Code”), and Act No. 634/1992 Coll. on Consumer Protection, as amended, will apply.

Every Buyer visiting the Website must confirm that they are at least 18 years of age, and this information must be truthful. SensuElle does not bear any liability for false or incorrect information provided by the Buyer.

These Terms and Conditions apply to purchases made in the online store on the Website and, in accordance with 1751, Paragraph 1, of the Civil Code, govern the mutual rights and obligations of the contractual parties arising in connection with or based on a purchase agreement concluded between the Buyer and SensuElle through the online store (hereafter “the Purchase Agreement”). These Terms and Conditions also set forth the rights and obligations of users of the Website and other relevant legal relationships.

These Terms and Conditions are displayed on the Website, and the Buyer may archive them and view them repeatedly at their discretion.

SensuElle may reasonably change or amend the wording of these Terms and Conditions and will notify the Buyer of such changes or amendments by email and/or by publishing them on the Website. Such changes or amendments will not, however, affect any rights or obligations arising from the earlier version of the Terms and Conditions for the duration of their effectiveness.

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Ordering Goods

All information displayed at www.sensuelle.cz is for information purposes only and does not constitute an offer within the meaning of Section 1732(2) of the Civil Code.

By placing an order, the customer agrees to these terms and conditions. The order is considered binding for both parties from the moment of its confirmation by the supplier by email.

If the dispatched order sent as cash-on-delivery is not collected by the customer, the costs incurred for the dispatch of the goods and a handling fee (contractual penalty) of CZK 500 will be required.

SensuElle notifies the customer about the receipt, processing, and dispatch of the order by e-mail specified in the order or by SMS to a mobile phone number. Reasons for non-acceptance or refusal of the shipment (e.g., not receiving a delivery note, not ordering the goods, holiday, foreign travel, etc.) will not be taken into account. If the customer does not request the re-shipment of the ordered goods within 7 days of the return of the shipment or refuses the shipment, he/she will be issued a payment demand for the costs associated with the shipment, including a contractual penalty.

 

Gift

If the free gift is included in the order (stating that it is "free"), the customer must return it in case they withdraw from the contract for a complaint, and if the customer exercises the right to withdraw within the 14-day period without giving a reason, SensuElle withdraws from the gift contract regarding the gift, and the customer must also return it.

 

Order Cancellation

The customer can cancel the order by email if the order status is accepted, there has been no order confirmation, and the goods have not been shipped. In the event of a subsequent cancellation of the order, SensuElle is entitled to compensation for damages, in particular for the proven costs associated with the shipping of the goods.

 

Cancellation of the Order by the Seller

SensuElle has the right to cancel the order or part of it in the event that the goods ordered are no longer manufactured or supplied to the Czech market during the order processing, or if the price of the goods changes significantly. The customer will be informed of the cancellation of the order. If the value of the ordered goods in the canceled order has already been paid, the relevant amount will be refunded to the customer as soon as possible.

 

Delivery of Goods

Goods marked as "In Stock" will normally be dispatched on the next working day following receipt of the order if the customer places the order before 2pm. If the goods are not in stock, we cannot guarantee any lead time as it depends on other suppliers and importers. Upon receipt of the shipment, the customer is obliged to check the shipment for obvious signs of damage and then check the contents as soon as possible. If the shipment is damaged, the customer shall file a claim with the carrier, which is possible within three days of receipt of the shipment. The rejected shipment will be replaced by a new one as soon as possible.

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Product Use and Safety Instructions

All products sold by Sensuelle come with detailed usage and safety instructions, which are included with the product packaging. Customers are required to read and follow these instructions carefully to ensure the safe and effective use of the products. Sensuelle is not liable for any damage or injury resulting from the misuse of the products or failure to follow the provided instructions. Detailed product instructions can also be found on our website at www.sensuelle.cz/instructions.

For electronic toys, please note that only toys explicitly indicated as waterproof on the card inside the box are waterproof. Ensure the battery compartment is properly sealed before using toys in water; any damage caused by improper sealing is the customer's responsibility. The toys may require AAA or AA batteries, which are not included in the box.

 

Payment Methods

• Card

• QR code

• Wire transfer

• Cash-on-delivery

• Bank payment buttons

The payment gateway provider is Comgate, a.s. (https://www.comgate.cz/en/online-payments). For payment by card and bank payment buttons, follow the procedure outlined at:

• Payments by a card

• Bank transfers

Complaints and questions about payments should be addressed directly to Comgate, a.s., Gočárova třída 1754/48b, Hradec Králové, e-mail: platby-podpora@comgate.cz, tel. +420 228 224 267.

 

Rights of Defective Performance

Rights of defective performance are governed by the relevant generally binding regulations. The seller shall be liable to the consumer that the item is free from defects upon receipt. In particular, the seller is liable to the consumer that at the time the consumer took over the item:

• The goods have the characteristics agreed between the parties and, in the absence of an agreement, such characteristics as the seller or manufacturer described or the customer expected in view of the nature of the goods and on the basis of the advertising carried out by them.

• The goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used.

• The goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen.

• The item is in the appropriate quantity, measure, or weight.

• The item complies with the requirements of the legislation.

 

If the item does not have these characteristics, the consumer may demand the delivery of a new item without defects unless this is disproportionate due to the nature of the defect. If the defect concerns only a part of the item, the consumer may only demand the replacement of the part. If this is not possible, the consumer may withdraw from the contract. If the defect can be remedied without undue delay, the consumer shall have the right to have the defect remedied free of charge. The consumer also has the right to the delivery of a new item or the replacement of a part in the case of a removable defect if he cannot use the item properly because of the recurrence of the defect after repair or because of a greater number of defects. In such a case, the consumer also has the right to withdraw from the contract.

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If the consumer does not withdraw from the contract or does not exercise the right to have a new item delivered free of defects, to have a part of the item replaced, or to have the item repaired, he may claim a reasonable discount. The consumer is also entitled to a reasonable discount if the seller is unable to supply him with a new item without defects, to replace a part of the item or to repair the item, and if the seller fails to remedy the defect within a reasonable time or if it would cause the consumer considerable difficulty to remedy the defect.

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The consumer shall be entitled to reimbursement of the costs reasonably incurred in exercising this right. The consumer shall be entitled to exercise the right in respect of a defect which occurs in consumer goods within twenty-four months of receipt. Other rights and obligations of the parties relating to the seller's liability for defects may be regulated by the seller's complaints procedure.

 

Claims

The warranty does not cover defects caused by unauthorized intervention, use of the goods for purposes other than those intended, improper storage, improper handling, mechanical damage not caused by wear and tear resulting from normal use, natural disasters, or force majeure. You may also send the defective goods to the SensuElle headquarters in accordance with the law. You should send the shipment of the claimed item using the return label included in each order delivered and addressed to the company's registered office. If you do not have a return label from the Czech Post, please address the parcel to the mailing address: Mailstep a.s., Do Čertous 2760/10, Praha 9 – Horní Počernice, 193 00. In this case, send the goods as registered mail (e.g., hand parcel or registered parcel) so that the parcel can be claimed if it is lost or damaged. The Customer acknowledges that SensuElle will pay a maximum of the cost of the return label of the postal or parcel service for a parcel sent in this way as part of the claims procedure. SensuElle assumes no responsibility for damages caused by insufficient or no insurance of the goods during shipment from the customer. The costs related to the transport of the goods for the purpose of claiming the goods will be borne by the consumer (customer) and will only be reimbursed if his claim is deemed justified. Do not send the shipment with cash-on-delivery - shipments sent by customers on cash-on-delivery will not be accepted.

 

Warranty Claim Procedure

Please inform us of your complaint by email: info@sensu-elle.com or by correspondence to: Mailstep a.s., Do Čertous 2760/10, Praha 9 – Horní Počernice, 193 00. Send the goods using the return label of the Czech Post or as a registered parcel (e.g., hand parcel or registered parcel) to our address and indicate the reason for the complaint in the parcel. The complaint, including the removal of the defect, must be settled without undue delay, at the latest within 30 days from the date of the complaint, unless the supplier and the customer agree on a longer period. After the expiry of this period, the customer shall be entitled to the same rights as if it were an irremediable defect. The period for the settlement of claims is suspended if SensuElle has not received all the documents necessary for the settlement of the claim (goods or parts thereof, other documents, etc.).

 

Claims for Goods Damaged by Transport

Upon receipt of the shipment, the customer is obliged to check whether the shipment shows any obvious signs of damage and subsequently check its contents as soon as possible. Unpack the goods as soon as possible after delivery so that you can check that they have arrived in perfect condition. The time limit for claiming damage in transport is 48 hours after receipt of the parcel. Should a claim be notified after this time limit, it may not be accepted as it will not be possible to claim from the shipping company. Should the contents be damaged, please notify the shipping company and us immediately.

The complainant is obliged to collect the item no later than one month after the expiry of the time when the repair or modification should have been carried out, and if it was carried out later, within one month of notification of its execution.

Complaints and questions about payments should be addressed directly to Comgate, a.s., Gočárova třída 1754/48b, Hradec Králové, e-mail: platby-podpora@comgate.cz, tel. +420 228 224 267.

 

Out-of-Court Disputes

In the event of a dispute between the customer (consumer) and the seller, the customer may also use the possibility of out-of-court dispute resolution. In this case, the customer may contact the out-of-court dispute resolution body, which is the Czech Trade Inspection Authority (www.coi.cz) and follow the rules set out there. More information on out-of-court dispute resolution can also be found on the Czech Trade Inspection website http://www.coi.cz/cz/spotrebitel/prava-spotrebitelu/mimosoudni-reseni-spotrebitelskych-sporu-adr/.

 

Withdrawal from the Purchase Contract - Return of Goods

For goods purchased through the online shop, the customer - a non-entrepreneur - a natural person has the right to return the goods within 14 days of delivery (pick-up) without giving a reason, according to the Civil Code (§§ 1829 - 1837).

In order for us to refund the full amount you paid for the goods, the goods must not be damaged (e.g., undamaged packaging, intact manufacturer's seals and labels, unopened product). The goods must not show signs of continuous use or other deterioration and must be packed in their original undamaged packaging together with any accessories or documentation.

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In order to withdraw from the purchase contract within the statutory period, please contact us by email or send us a freely worded "Withdrawal from the purchase contract within the statutory period" containing all the elements required by current legislation (in particular: name, surname, address, order number, date of receipt of the order, information that it is a withdrawal from the purchase contract within the statutory period, the number and type of returned goods, bank account number for the refund and the customer's signature) within 14 days of receipt (pick-up) of the order. The goods subject to withdrawal from the purchase contract (returned goods) must be delivered to the mailing address within 14 days of the sending of the notice of withdrawal from the purchase contract unless it was sent together with the notice of withdrawal from the purchase contract. If this statutory deadline is not met, the right to withdraw from the purchase contract shall be extinguished. We accept no liability for damages caused by insufficient or no insurance or packaging of the goods during shipment from the customer. Do not send parcels with COD - parcels sent COD will not be accepted.

If the conditions for withdrawal from the purchase contract are met on the customer's side, we will refund the money within 14 days. In accordance with Act 89/2012 Coll. § 1834, the customer is not entitled to a refund for the services provided in connection with the shipment of the goods, since these services were fully implemented before the withdrawal from the purchase contract based on the express wish of the customer, which was expressed by sending the order. According to Article 1832(2), the customer is not entitled to a full refund of the delivery price unless he has chosen the cheapest method of delivery. In that case, the seller shall reimburse the customer for the price of the cheapest delivery method provided by the seller. If the Customer's entitlement to the Shipping Discount is terminated by the return of the goods, the amount for the returned goods will be reduced by the amount corresponding to the Shipping Discount.

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A consumer cannot withdraw from a contract for the supply of goods in sealed packaging which, for health or hygiene reasons, is not suitable for return after the consumer has breached it, i.e., which the consumer has removed from the packaging or merely broken the sealed packaging.

Goods may also not be returned within 14 days without giving a reason if the customer is either a legal entity or a natural person. Goods sent which are not subject to the legal conditions for withdrawal from the purchase contract will be returned to the customer after payment of the postage.

 

Responsibility for the Accuracy of the Data

SensuElle emphasizes that the information on the website is partly taken from third parties and may contain factual and technical inaccuracies or typographical errors and may be updated without prior notice. The company cannot therefore unconditionally guarantee the accuracy of its content. SensuElle shall not be liable to any other party for damages caused by the use of information from the online shop or linked websites, unless this information has been subsequently confirmed in writing by the e-shop at the customer's request.

 

Personal Collection - Branches of the Mail-Order Company

Only pre-ordered goods are stored in the branches of the mail-order company. Usually on the second or third working day after ordering. Please be sure to include your phone number and email address in your order so that Zásilkovna can inform you that your order is ready for collection. So please wait until you are called by the delivery company to visit us. Your order can be picked up within 7 days of being placed.

 

Delivery by Czech Post within the Czech Republic

The parcel will be delivered by Czech Post (Parcel to hand, Parcel to post office) to your specified location (possibility to send the parcel to your work - do not forget to mention the company name). If the ordered goods are in stock, we will dispatch them no later than the next working day after the order is received. Orders paid by bank transfer are dispatched no later than the next working day after the amount is credited to the account. Delivery (Parcel to hand, Parcel to post) is usually the next working day after the day of submission. The customer acknowledges that the delivery time depends on the current capabilities of the third party.

 

Courier Delivery within the Czech Republic

The customer acknowledges that the delivery time depends on the current capabilities of the third-party carrier and will be extended as appropriate to the circumstances if the delay is due to force majeure or other circumstances not caused by the seller.

Orders paid by cash on delivery, if the ordered goods are in stock, are dispatched no later than the next working day after receipt of the order. Orders paid by bank transfer are dispatched no later than the next working day after the amount has been credited to the account. For shipments "to your home address," you will be contacted by telephone at least 2 times before delivery by courier to arrange the most convenient delivery date. The parcel may be deposited at a courier service partner location in your area for personal pick-up after agreement with the courier. Payment upon receipt of the shipment in cash - cash on delivery or prepayment by bank transfer to your account (free of charge). Length of package storage time: as agreed with the courier - maximum 3 delivery attempts or a week.

 

Template Form for Withdrawal from the Purchase Contract

Withdrawal from the Contract

Addressee:
Sensuelle Fantasy s.r.o.
Pštrossova 1921/9, Nové Město,
110 00 Prague 1

I hereby give notice that I withdraw from the contract for the purchase of goods .............. under the order number .............. .

Date of order:
Date received:
Consumer's name and surname:
Consumer's address:
Refund Account Number:
Consumer's signature: (only if this form is sent in paper form)
Date:

 

Written Information and Instruction According to § 1820 of Act 89/2012 Coll.

• ad a) We do not charge any costs when using means of distance communication.

• ad f) If the contract was concluded by means of distance communication, the consumer has the right to withdraw from the contract without giving any reason and without any penalty within 14 days of receipt of the performance. The consumer may not withdraw, pursuant to paragraph 7, from contracts for the supply of goods adapted to the consumer's wishes or for his person, as well as goods which are perishable, worn out, or obsolete. Withdrawal from the purchase contract - see terms and conditions. Notification of withdrawal should be sent to the e-mail address info@sensu-elle.com. The costs related to the return of the goods will be borne by the consumer (customer) and will not be reimbursed by the seller to the customer. All complaints shall be addressed by email to info@sensu-elle.com, or by post to Sensuelle Fantasy s.r.o., Pštrossova 1921/9, Nové Město, 110 00 Prague 1. The consumer has, of course, the right to lodge complaints with all the public authorities concerned. The specification of the goods and the main characteristics of the goods are listed for each item offered. The final prices of the goods and services are listed for each item offered. Delivery costs are specified in the delivery conditions and can be selected in the "Cart" section. The costs of payment are specified in the delivery conditions and can be selected in the "Cart" section. The offer is valid as long as the connection to the www.sensuelle.cz server is active. The purchase contract is concluded by confirming your order. You have the right to withdraw from the draft purchase contract (sent order) no later than the order confirmation or further according to the applicable legislation. SensuElle operates exclusively the retail sale of goods through online shops, even if the person purchasing is a legal entity or a natural person. The SensuElle website is intended exclusively for the sale of goods under the laws of the Czech Republic. Information about products in other languages is for informational purposes only; products are provided primarily with information in the Czech language.

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Last updated 01. 07. 2024