Terms and Conditions - MH Sexshop

Terms and Conditions

Terms and Conditions
Terms and Conditions

MH SEXSHOP

Martin Hrubý
Fučíkova 323
549 54 Police nad Metují
Czech Republic

IČ: 86674510
Živnostenský úřad MÚ Náchod č.j. 03/203524/F-34

for the sale of goods via on-line shop: www.mhsexshop.com/en

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of MH SEXSHOP (Martin Hrubý), with registered office at Fučíkova 323, 549 54 Police nad Metují, identification number: 86674510, registered in the Trade Register: Živnostenský úřad MÚ Náchod č.j. 03/203524/F-34 (hereinafter referred to as the "seller") in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as "Civil Code") the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as "purchase contract") concluded between the Seller and another natural person (hereinafter referred to as "buyer") through the Seller's online store. The online shop is operated by the Seller on a website located at the following internet address: www.mhsexshop.com/en (hereinafter referred to as the "website"), through a website interface (hereinafter referred to as the "webshop interface").

1.2 The Terms and Conditions do not apply where the person intending to purchase the Goods from the Seller is a legal person or a person acting in the course of his or her business or profession when ordering the Goods.

1.3 Provisions deviating from the terms and conditions may be agreed in the contract of sale. Deviating provisions in the purchase contract shall prevail over the provisions of the terms and conditions.

1.4 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language.

1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the terms and conditions.

2. USER ACCOUNT

2.1. By registering a user account, the user confirms that he/she is over 18 years of age!

2.2 Based on the Buyer's registration made on the Website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can place orders for goods (hereinafter referred to as "user account"). Orders for goods can also be placed without registration directly from the web interface of the shop.

2.3. When registering on the website and ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.

2.4 Access to the user account is secured by a user name and password. The Buyer shall maintain confidentiality regarding the information necessary to access his/her user account.

2.5 The Buyer is not entitled to allow third parties to use the user account.

2.6 The Seller may cancel the User Account, in particular if the Buyer breaches its obligations under the Purchase Agreement (including the Terms and Conditions).

2.7 The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. Only persons over 18 years of age may place orders!

3.2. All presentation of the goods placed in the web interface of the shop is of an informative nature and the Seller is not obliged to conclude a purchase contract in respect of these goods. Section 1732(2) of the Civil Code shall not apply.

3.3. The web interface of the shop contains information about the goods, including the prices of the individual goods and the costs for returning the goods if the goods cannot be returned by the usual postal route by their nature.
The prices of the goods are inclusive VAT and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.

3.4 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods.

3.5 In order to order goods, the Buyer shall fill in the order form in the web interface of the Shop. In particular, the order form contains information about:

3.5.1. the goods to be ordered (the goods to be ordered are "inserted" by the Buyer into the electronic shopping cart of the web interface of the Shop),

3.5.2. the method of payment of the purchase price of the goods, details of the desired method of delivery of the ordered goods and

3.5.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").

3.6 Prior to sending the order to the Seller, the Buyer shall be allowed to check and amend the data entered by the Buyer in the order, including with respect to the Buyer's ability to identify and correct errors made in entering data into the order. The Buyer sends the order to the Seller by clicking on the "Send Order" button. The information provided in the order is considered correct by the Seller. The Seller will confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").

3.7 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).

3.8. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer's e-mail address.

3.9 The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer, and these costs shall not differ from the basic rate.

3.10. The Buyer is aware of the time availability of the individual items of the order and undertakes to await delivery on the specified date.
For more information, please refer to the section "Delivery dates"

4. PRICE OF GOODS AND PAYMENT TERMS

4.1 The price of the Goods and any costs associated with the delivery of the Goods under the Contract of Sale may be paid by the Buyer to the Seller in the following ways:

  • in cash at Fučíkova 323, 549 54 Police nad Metují,
  • cashless transfer to the seller's account no. 1085819 / 2060, kept at Citfin (hereinafter referred to as the "seller's account"),
  • cashless via the PayPal payment system,
  • cashless through the PayU payment system, which includes all usual online payments,
    especially payment by payment card.

For more information, see "Shipping and Payment".

4.2 Together with the purchase price, the buyer is also 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 shall also include the costs associated with the delivery of the goods.

4.3 The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable on receipt of the goods.

4.5 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.

4.6 The Seller is entitled, especially in the event that there is no additional order confirmation by the Buyer (Article 3.6), to require payment of the deposit or the full purchase price before the goods are sent to the Buyer. Section 2119 (1) of the Civil Code shall not apply.

4.7 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.

4.8. The Seller shall issue a tax document - invoice to the Buyer in respect of payments made under the Purchase Agreement. The Seller IS a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and shall send it, as a rule, in paper form in a shipment together with the ordered goods or in electronic form to the Buyer's electronic address.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a contract of sale for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, from a contract of sale for the supply of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery and from a contract of sale for the supply of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygienic reasons.

In particular:

  • underwear,
  • vibrators, dildos, vaginas, inflatable dolls,
  • chastity belts,
  • latex clothing with condoms, vibrators or dildos incorporated,
  • latex clothing that has been washed of protective powder, polished or otherwise treated.

5.2 Unless the case referred to in Article 5.1 of the Terms and Conditions or any other case in which the Purchase Contract cannot be withdrawn from, in particular damage to the goods due to the fault of the Buyer, the Buyer shall have the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Article 1829(1) of the Civil Code, provided that if the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. For the purpose of exercising the right of withdrawal, the Buyer must inform the Seller of his withdrawal from this contract in any form (letter, e-mail, telephone, chat,...).
The Buyer may also use the SAMPLE FORM FOR WITHDRAWAL FROM CONTRACT to withdraw from the purchase contract, but is not obliged to do so.

5.3 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The Goods must be returned by the Buyer to the Seller within fourteen (14) days of delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.

5.4 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him.

5.5 The Seller shall be entitled to unilaterally set off any claim for payment for damage to the Goods against the Buyer's claim for a refund of the purchase price.

5.6 In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.

5.7. If a gift is provided to the Buyer together with the Goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift contract in respect of such gift shall cease to be effective and the Buyer shall be obliged to return the gift to the Seller together with the Goods.

5.8.The right of withdrawal from the purchase contract is exercised by the buyer at the seller at the following address:

Martin Hrubý
Fučíkova 323
549 54 Police nad Metují
Czech Republic

either in person or by mail order, usually by the Czech Post, and by mail without cash on delivery. A parcel sent on cash on delivery will not be accepted by the seller!

6. TRANSPORT AND DELIVERY OF GOODS

6.1 Where a method of transport is agreed 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 the Seller is obliged under the Contract of Sale to deliver the Goods to the place specified by the Buyer in the Order, the Buyer shall take delivery of the Goods on delivery.

6.3 If, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

6.4 On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event that the packaging is found to have been tampered with, the Buyer may not accept the shipment from the carrier.

6.5 The Seller guarantees a discreet method of shipping to the Buyer.
For more information, see "Discretion" and "Shipping and Payment".

6.6 Other rights and obligations of the parties in the carriage of the Goods may be governed by the Seller's Special Conditions of Delivery, if issued by the Seller.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the parties regarding rights of defective performance are governed by the applicable generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2 The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took delivery of the goods:

7.2.1. the goods have the characteristics which the parties have agreed and, in the absence of agreement, have the characteristics which the seller or the manufacturer has described or which the buyer has come to expect having regard to 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 for which the seller states they are to be used or for which goods of that kind are usually used,

7.2.3. 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,

7.2.4. the goods are in the appropriate quantity, measure or weight and

7.2.5. the goods comply with the requirements of the legislation.

7.3 The provisions set out in clause 7.2 of the terms and conditions shall not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, or in the case of second-hand goods to a defect corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or where this is apparent from the nature of the goods.

7.4 If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective on receipt. The buyer shall be entitled to exercise the right to claim for any defect that appears in the consumer goods within twenty-four months of receipt.

7.5 The Seller shall not be liable for damages resulting from the operation of the products, functional characteristics and damages from the unprofessional use of the products, as well as damages caused by external events and faulty handling. Defects of this origin are not covered by the warranty provided. The buyer receives a note on how to handle specific products with each shipment.

7.6. The Buyer shall assert the rights arising from defective performance at the Seller's address:

Martin Hrubý
Fučíkova 323
549 54 Police nad Metují
Czech Republic

either in person or by mail order, usually by the Czech Post, and by mail without cash on delivery. A parcel sent on cash on delivery will not be accepted by the seller!

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The Buyer acquires ownership of the Goods by paying the full purchase price of the Goods.

8.2 The Seller shall not be bound by any code of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

8.3 The Seller shall handle consumer complaints via the electronic address obchod@mhsexshop.com. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address.

8.4 Mutual disputes between the Seller and the Buyer shall primarily be resolved amicably.

8.5.The Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://www.coi.cz/informace-o-adr/, is competent for out-of-court settlement of consumer disputes arising from the Purchase Agreement. The online dispute resolution platform located at the Internet address https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=CS can be used to resolve disputes between the seller and the buyer from the purchase contract.

8.6. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://evropskyspotrebitel.cz/ is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

8.7 The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.

8.8 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

9. PROTECTION OF PERSONAL DATA

9.1. The protection of personal data of the Buyer, who is a natural person, is determined by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR).

9.2 The basic information that we are required to provide as a data controller can be found in the Personal data protection. The detailed personal data processing policy we follow can be found in PDF here.

10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

10.1 The Seller agrees not to send any commercial communications to the Buyer's electronic address without the Buyer's consent.

10.2 The Buyer may voluntarily subscribe to commercial communications in the Newsletter section and may also unsubscribe from such subscription at any time without giving any reason. To unsubscribe, you can use the unsubscribe link located in the footer of each commercial communication.

10.3 The Buyer agrees to the storage of cookies on his/her computer. Detailed information about specific cookies and consent to their storage can be found in Cookies.

11. CORRESPONDENCE DELIVERY

11.1 The Buyer may be served at the Buyer's electronic address.

12. REVIEWS

12.1. Products may only be reviewed by registered customers who have actually purchased the products in question. It is only possible to rate a product and write a review via a customer account. Our system only offers users to review products that they have actually ordered, 5 days after the completion of the order or conclusion of the purchase contract.

12.2. Unregistered users are not allowed to rate products.

12.3. No user is allowed to rate products that he/she has not purchased through his/her user account.

13. SORTING PRODUCTS

13.1. The items of goods (products) are divided into categories in which each user can choose to sort them in several ways:

  • Recommended - the default product ordering set by the operator.
  • Cheapest - products are ordered from cheapest to most expensive in a given category. The correct sorting is ensured by the e-shop system according to the current starting price of the product. For some products, various add-ons can be ordered at an additional cost before adding them to the cart, which will increase the starting price. Products cannot be sorted in categories according to this increased price.
  • Most Expensive - products are ordered from most expensive to least expensive in a given category. The correct sorting is ensured by the e-shop system according to the current starting price of the product. For some products, various add-ons can be ordered at an additional cost before adding them to the cart, which will increase the starting price. Products cannot be sorted in categories according to this increased price.
  • Best Sellers - products are ordered from the best seller in a given category. The correct ordering is ensured by the e-shop system according to the orders placed throughout the e-shop's history.
  • Best Rated - products in a given category are sorted from the best rated. The correct ranking is ensured by the e-shop system according to real customer reviews over the entire history of the e-shop. More about reviews - see point 12. REVIEWS.

14. FINAL PROVISIONS

14.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the rights of the consumer under generally binding legal regulations.

14.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

14.3 The Purchase Contract, including the Terms and Conditions, shall be archived by the Seller in electronic form and shall not be accessible.

14.4 The SAMPLE FORM FOR WITHDRAWAL FROM CONTRACT is an annex to the Terms and Conditions.

14.5 Contact details of the Seller:

Address for delivery:

Martin Hrubý
Fučíkova 323
549 54 Police nad Metují
Czech Republic

Email address: obchod@mhsexshop.com
Telephone: +420 608 926 623

Police nad Metují, 8. 6. 2025

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