These terms and conditions (hereinafter referred to as “Terms and Conditions”) of the e‑shop on the website www.spaculture.eu (hereinafter referred to as “Spaculture”) of the company USSPA, s.r.o, with its registered office at Dolní Dobrouč No. 384, Ústí nad Orlicí District, Postal Code 561, Czech Republic, ID No.: 63218003, registered in the Commercial Register kept by the Regional Court in Hradec Králové, File No.: C 7850, Tax ID No.: [CZ63218003].
Contact details:
Telephone number: +420 465 543 114,
e‑mail: info@spaculture.eu
(hereinafter referred to as the “Seller”)
In accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations between the Seller and the Buyer arising from or in connection with the purchase agreement concluded through Spaculture (hereinafter referred to as the “Agreement”) are regulated.
The Contract and the Terms and Conditions are drafted in the English language, which the Buyer agrees to by purchasing in the Spaculture e‑shop and confirms that he/she understands the English language.
These Terms and Conditions are an integral part of and annex to any contract between the Seller and the Buyer and thus become part of the contractual agreement between the parties to this relationship. A copy of the Business Terms and Conditions shall be sent to the Buyer as an attachment to the Order Confirmation to the specified e‑mail address. The regulation of the mutual relations established by these Conditions shall prevail over the dispositive provisions of the legislation that would otherwise apply to the relationship in question.
The Seller may unilaterally amend or supplement the General Conditions, in particular following a change in the applicable legislation, a change in the commercial and/or technical parameters of the goods sold, or a change in market conditions that are objectively likely to affect the Seller’s services. This provision shall be without prejudice to the rights and obligations arising during the validity of the previous version of the General Conditions.
1. Conclusion of the sales contract, ownership
The contract is concluded remotely via the Spaculture e‑shop. The Buyer agrees to the use of remote means of communication for the conclusion of the contract. The cost of using remote means of communication will not differ from the basic rate paid by the Buyer for the use of such means (i.e. in particular for access to the Internet).
The list of goods displayed on the Spaculture e‑shop (hereinafter referred to as the “Catalogue”) does not constitute an offer within the meaning of the Civil Code. The Catalogue is an invitation to the Buyer to make an offer. The Buyer submits a proposal for the conclusion of a contract, i.e. an offer, by sending an order. The contract is concluded when the seller confirms the order to the buyer.
The contract is archived in electronic form in the Seller’s information systems and is accessible only to the Seller. To confirm the conclusion of the contract, the Buyer will receive an order confirmation with a copy of the General Terms and Conditions to the e‑mail address provided.
The first step in concluding a contract is for the buyer to place an order. The following information is required for this purpose:
- The Buyer selects the item he/she wishes to purchase from the Catalogue and chooses his/her preferred option; if there is a choice, he/she adds it to the Shopping Cart by pressing the ADD TO CART button;
- The Buyer proceeds with the shopping cart by pressing the CONTINUE ORDER button and selecting the shipping and payment method, if Spaculture offers more than one alternative to choose from;
- After pressing the CONTINUE ORDER button, he/she will be able to enter the billing and delivery details.
- Information on the total price of the goods, the price of shipping including packaging will be automatically displayed based on the buyer’s selection of goods, delivery and payment method.
- Until the order process is completed and the “SEND ORDER BINDING PAYMENT” button is pressed, the buyer has the opportunity to review and make corrections to each step of the order process.
- The buyer completes and submits the order by pressing the SUBMIT ORDER button.
- The Seller will confirm receipt of the order as soon as possible to the e‑mail address provided by the Purchaser when placing the order. The order confirmation will be accompanied by the current version of these Terms and Conditions and the text of the Contract. The Seller’s confirmation of the order shall constitute the conclusion of the contract.
In some cases the Seller may not be able to confirm the order. In particular, if the goods are not available. In such cases, the Seller will contact the Buyer with an offer to enter into the Contract in a modified form. In such a case, the contract will be concluded when the Buyer confirms the new offer.
Ownership of the Goods shall pass to the Buyer upon payment of the price and acceptance of the Goods.
2. Price of goods and methods of payment
The catalogue states the selling price including all taxes and duties. The buyer agrees to this price by completing the order. In the event of a discrepancy between the price in the order and the price in the catalogue, the price in the order shall apply, which shall always be the price in the contract.
If a manifestly incorrect price is stated in the Catalogue or in the Order, the Seller shall not be obliged to supply the Goods at that price, even if the Buyer has received an Order Confirmation and the Contract has thus been concluded. In such a case, the Seller shall contact the Buyer with a new offer to enter into the Contract in a modified form. In such a case, the contract will be concluded at the moment the buyer confirms the new offer.
The final price for delivery is always shown in the order summary before the order is dispatched.
The Buyer may pay the total price online by card through a payment gateway or on delivery. Online payment by card is subject to the terms and conditions of the payment gateway, which can be found at
https://www.gopay.com/cs/ and https://www.gopay.com/en/. In the case of payment by card online, the goods will only be dispatched to the address provided by the Purchaser at the time of ordering once the amount has been successfully paid through the payment gateway.
In the case of payment by cash on delivery, payment will be made on delivery against the sale of the goods. In the case of payment on delivery, the total price is payable on receipt of the goods.
3. Method and time of delivery of goods, sale of bills of lading, passing of risk of damage to goods
Method of delivery:
Delivery by the carrier PPL CZ s.r.o.
The goods can be delivered only within the Czech Republic and Slovakia.
Delivery time:
The delivery time depends on the availability of the goods and the possibilities of the chosen carrier.
Delivery of accounting documents:
Accounting documents from orders are sent to the buyer in electronic form after payment of the total price to the e‑mail address specified in the order.
The Buyer must check the integrity of the packaging of the goods on receipt and notify the carrier and the Seller immediately of any defects. The Buyer shall not be obliged to accept the goods from the carrier in the event of a defect indicating improper handling or tampering with the consignment.
Failure by the Buyer to accept the Goods shall not, except as aforesaid, constitute a breach of the Seller’s obligation to deliver the Goods. Failure to take delivery of the Goods shall not constitute a repudiation of the Contract. The Seller shall be entitled to terminate the Contract for material breach or the Seller may store the Goods. The Buyer shall reimburse the Seller for the cost of storage at the usual rate.
4. Rights arising from defective performance
The rights and obligations arising from defective performance are governed by the relevant generally binding legislation (in particular the provisions of Sections 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll. on Consumer Protection, as amended).
If the Buyer is an Entrepreneur, the rights arising from defective performance may only be exercised to the extent permitted by law.
If the Buyer is a consumer, the following provisions shall also apply.
The Seller shall warrant to the Buyer that the Goods are free from defects upon receipt. In particular, the Seller warrants that the Goods:
(a) conforms to the agreed description, type and quantity, and quality, functionality, compatibility, interoperability and other agreed characteristics; and
(b) is fit for the purpose for which the Buyer requires it and which the Seller has agreed; and
© it is supplied with the agreed accessories and instructions for use, including instructions for assembly or installation
(d) is fit for the purpose for which goods of that kind are normally used
(e) corresponds in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind which the Buyer may reasonably expect, including in the light of public statements made by the Seller or any other person in the same contractual chain, in particular by advertising or labelling; and
(f) it is supplied with such accessories, including packaging, assembly instructions and other instructions for use, as the Buyer may reasonably expect; and
(g) the Goods are of the same quality or workmanship as the sample or specimen supplied by the Seller to the Buyer prior to the Contract.
The Buyer shall not be entitled to any remedy for defective performance if the defect is self-inflicted. In addition, wear and tear resulting from normal use of the goods or, in the case of second.
The Buyer may complain to the Seller about a defect that becomes apparent in the goods within two years of receipt.
If the goods have a defect, the buyer may demand that it be remedied. The Buyer may, at its option:
(a) delivery of new goods free from defects; or
(b) repair of the goods,
unless the chosen method of remedying the defect is impossible or disproportionately expensive compared with the other method, which shall be determined having regard in particular to the significance of the defect, the value which the thing would have had without the defect and whether the defect can be remedied by the other method without significant inconvenience to the Buyer.
For the purpose of repair or replacement, the Buyer shall hand over or make available the Goods to the Seller or to a person appointed by the Seller. The cost of taking possession of the goods shall be borne by the Seller.
The Seller may refuse to remedy a defect if it is impossible or unreasonably costly to do so, particularly having regard to the significance of the defect and the value of the Goods without the defect.
The Buyer may also claim
(a) a reasonable price reduction; or
b) rescission of the contract,
if
a) the Seller has refused or failed to remedy the defect in accordance with the law,
b) the defect is repeated
c) the defect constitutes a material breach of the contract (in particular if the defect is of such a serious nature as to justify an immediate reduction in the purchase price or rescission of the contract); or
(d) it is apparent from the Seller’s statement or from the circumstances that the defect cannot be remedied within a reasonable time or without substantial inconvenience to the Buyer.
The appropriate discount shall be determined as the difference between the value of the non-defective goods and the defective goods received by the Buyer.
The Buyer shall not be entitled to rescind the contract if the defect in the goods is insignificant or if the Buyer has contributed to the defect. If the Buyer rescinds the contract or part thereof, the Buyer shall return the goods to the Seller at the Seller’s expense.
If the Buyer rescinds the contract, the Seller shall refund the purchase price to the Buyer promptly (but not later than 14 days) after the Seller has received the goods or the Buyer has provided evidence to the Seller that the goods have been despatched (whichever is earlier).
Immediately after the claim is made the Seller shall prepare and issue to the Buyer a written acknowledgement stating
(a) the date on which the Buyer made the claim
(b) the content of the complaint
© the manner in which the Buyer wishes the complaint to be dealt with
(d) the time limit for the Seller to remedy the defect (as required by law)
(e) the Buyer’s contact details for the purposes of providing information about the handling of the complaint.
A complaint about goods, including the rectification of a defect, must be dealt with and the Buyer notified of the complaint no later than 30 days after the complaint is made, unless the Seller agrees a longer period with the Buyer. If this period expires, the Buyer may rescind the contract or claim a reasonable discount.
The Seller is obliged to provide the Buyer with a confirmation of the date and manner of handling the claim, including a confirmation of the repair and the duration of the repair, or a written justification of the rejection of the claim. The Seller shall inform the Buyer about the way of handling the claim by e‑mail or by other mutually agreed means; the confirmation according to the previous sentence shall be provided in the same way.
5. Order cancellation
Order cancellation before delivery
Cancellation of an order before delivery means that the Buyer requests cancellation of the order before delivery, or before the moment when the shipment is handed over to the carrier for delivery to the Buyer. In this case, the buyer does not pay any cancellation fees.
6. Right of withdrawal
In the event that the Buyer purchases goods within the scope of its business activity, i.e. as an entrepreneur, the Seller is entitled to withdraw from the Contract at any time, even without giving any reason, but in particular before delivery of the goods, if there are objective reasons why the goods cannot be delivered or if it is obvious that the Buyer has deliberately provided incorrect information in the order. If the Buyer is a businessman, he is only entitled to withdraw from the Contract in the cases provided for by law.
If the Buyer is a consumer, the following provisions shall also apply:
In accordance with the provisions of § 1829 of the Civil Code, the Buyer has the right to withdraw from the Contract without giving any reason within 14 days from the date of receipt of the goods by the Buyer or a third party designated by the Buyer (other than the carrier).
In case of conclusion of a Contract, the subject of which is several pieces of goods or delivery of several parts of the goods, this period shall begin to run only on the date of delivery of the last piece or part of the goods. In the case of a Contract under which a periodic delivery of goods is agreed, the time limit shall begin on the date of delivery of the first delivery.
The Buyer may withdraw from the Contract by any unequivocal declaration (e.g. by sending an email or letter to the contact details set out at the beginning of these Conditions). The Buyer may use the sample withdrawal form for this purpose.
The Buyer may not withdraw from the Contract in cases where the subject matter of the Contract is the performance referred to in Section 1837 of the Civil Code, in particular:
(a) goods made to the Buyer’s specifications or tailored to the Buyer’s personal needs
(b) perishable or short-lived goods and goods which, by their nature, have been irretrievably mixed with other goods after delivery,
© goods in sealed packaging which are not suitable for return after breakage by the Buyer for health or hygiene reasons.
In the event of cancellation, the Buyer is obliged to return the goods to the Seller at the Seller’s registered address within 14 days of cancellation. The Buyer shall bear the cost of returning the goods to the Seller, including the cost of returning goods which, by their nature, cannot be returned by post.
In the event of cancellation, the Seller shall return to the Buyer all monies received from the Buyer under the Contract, including delivery charges, without undue delay and in any event no later than 14 days after cancellation, unless the Seller and the Buyer agree otherwise.
If the Buyer chooses a method of delivery other than the cheapest method of delivery, the Buyer shall be refunded the cost of delivery of the Goods in an amount equal to the cheapest method of delivery offered.
No part of the amount will be refunded to the Buyer until the Seller has received the Goods or evidence that the Goods have been returned.
The Buyer shall only be liable to the Seller for any diminution in the value of the Goods caused by handling the Goods other than as necessary to acquaint the Buyer with the nature, characteristics and functionality of the Goods. The Seller shall be entitled, subject to the Buyer’s agreement, to set off the claim for costs (depreciation of the Goods) against the Buyer’s claim for reimbursement of the price.
The Seller is entitled to withdraw from the contract at any time before delivery of the goods if there are objective reasons why it is not possible to deliver the goods (in particular reasons relating to third parties or the nature of the goods). The Seller may also withdraw from the contract if it is obvious that the Buyer has intentionally provided false information in the order.
7. Final provisions and settlement of disputes
The contractual relationship shall be governed by the laws of the Czech Republic. This agreement does not affect the rights of consumers arising from legal regulations.
The Seller prefers out-of-court settlement of disputes arising from contracts concluded on the basis of these Terms and Conditions. The Czech Trade Inspection may be contacted to deal with consumer complaints.
Possible disputes between the seller and the buyer may be settled out of court by the out-of-court settlement bodies. The Czech Trade Inspection, with its registered office at Gorazdova 1969/24, 120 00 Prague 2, ID: 00020869, Internet address: www.coi.cz, is responsible for the out-of-court settlement of consumer disputes. A buyer who is a consumer may also use the Online Dispute Resolution (ODR) platform at the following Internet address: http://ec.europa.eu/consumers/odr.
Contact point pursuant to the Regulation of the European Parliament and of the Council (EU) no. 524/2013 of 21 May 2013 on the online settlement of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on the Online Settlement of Consumer Disputes) is the European Consumer Centre Czech Republic with its registered office at Gorazdova 1969/24, 120 00 Prague 2, internet address: www.evropskyspotrebitel.cz.
The Seller is not bound by any codes of conduct in its business activities.
These conditions come into force on 12/07/2024