Complaints procedure
Valid for all Users/Buyers who have purchased Content on the English version of the Seller’s website.
This Complaint Procedure (hereinafter referred to as the “Complaint Procedure”)
SC Media s.r.o., Soukenická 877/9, 702 00 Ostrava – Moravská Ostrava,
ID: 21458871
(hereinafter referred to as the “Seller”) regulates, in accordance with generally binding applicable legislation, the scope, conditions, and method of exercising consumer rights arising from defective performance in the sale of goods by means of distance communication, including information on where a claim can be made. The Seller operates only an online shop on the websites www.stacycruz.xxx and www.stacycruz.live. The Seller expressly informs that it does not operate a brick-and-mortar shop.
I. Scope of the Complaints Procedure
1.1 This Complaints Procedure applies to cases where the Seller sells goods to a person who is a consumer, whereby a consumer is any person who, outside the scope of his business activity or outside the scope of the independent exercise of his profession, enters into a contract with the Seller or otherwise deals with him. The consumer or purchaser is hereinafter referred to as (“User”)
II. Introductory Provisions
2.1 The Seller shall deliver to the User the object of purchase (hereinafter also referred to as “Content”) in the agreed quantity, quality, and design. If quality and workmanship are not agreed upon, the Seller shall perform in quality and workmanship suitable for the purpose evident from the contract; otherwise for the usual purpose.
2.2 The User shall inspect the Contents as soon as possible after receipt to ascertain their characteristics and quantity.
III. Liability of the Seller
3.1 The Seller shall be liable to the User that the Content is free from defects upon receipt. In particular, the Seller shall be liable to the User that the Content
- conforms to the agreed description, type, and length, as well as to the quality, grade, functionality, compatibility, and other agreed characteristics,
- it is suitable for the purpose for which it is required by the User and to which the Seller has agreed; and
3.2 If a defect becomes apparent within one year of receipt, the Content shall be deemed to have been defective upon receipt, unless the nature of the Content or the defect precludes this. This period shall not run for the time during which the User cannot use the Content, if the defect has been rightfully pointed out.
3.3 The User agrees that claims for goods purchased through the Wish List shall be governed by the rules and regulations of GLOBAL GIFTING TECHNOLOGIES, INC. DBA THRONE, set forth at [https://throne.com/terms]. Also, all payments made through Wish list are subject to its respective payment provider and its rules. Seller only references Wish List on its website. Any claims shall be governed by the rules of GLOBAL GIFTING TECHNOLOGIES, INC. DBA THRONE.
IV. Rights from defective performance
4.1 The User may complain about a defect that becomes apparent in the Content within two years of receipt. If the User has rightfully pointed out the defect to the Seller, the period under the previous sentence shall not run for the period during which the User cannot use the item.
4.2 The User shall not be entitled to the right from defective performance if the defect was caused by the User. A defect in the Content is not wear and tear of the Content caused by its normal use.
4.3 If the Content has a defect, the User may request its removal. At his/her option, he/she may request the delivery of a new item without defect or the repair of the item, unless the chosen method of removing the defect is impossible or unreasonably expensive compared to the other method; this shall be assessed in particular with regard to the significance of the defect, the value the item would have without the defect and whether the defect can be removed by the other method without significant difficulty for the User. The Seller may refuse to remedy the defect if it is impossible or unreasonably costly to do so, having regard in particular to the significance of the defect and the value the item would have had without the defect.
4.4 The User may demand a reasonable discount or withdraw from the contract if
- The Seller refused or failed to remedy the defect
- the defect appears repeatedly,
- the defect is a material breach of contract, or
- it is evident from the Seller’s statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the User.
- The reasonable discount shall be determined as the difference between the value of the item without defect and the defective item received by the User. The User may not withdraw from the contract if the defect is insignificant.
V. Quality guarantee
5.1 The Seller does not provide a guarantee for quality.
VI. Exercise of rights
6.1 Claims for defective Content must be made to the Seller in writing to
[SC Media s.r.o. Soukenická 877/9, 702 00 Ostrava – Moravská Ostrava] or electronically to the e-mail address [info@stacycruz.live ].
6.2 The Seller is obliged to issue a written confirmation to the User when making a claim, in which it shall indicate the date on which the User made the claim, what is its content, what method of claim settlement the User requires and the User’s contact details for the purpose of providing information on claim settlement.
6.3 Complaints, including the removal of defects, must be settled and the User must be informed of this within 30 days of the date of the complaint unless the Seller and the User agree on a longer period. After the expiry of the time limit according to the previous sentence, the User may withdraw from the contract or demand a reasonable discount.
6.4 The Seller is obliged to issue the User with a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated to carry out the repair.
VII. Out-of-court settlement of consumer disputes
7.1 A user who is a consumer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract or a service contract. The entity authorized to carry out out-of-court dispute resolution is the Czech Trade Inspection Authority. Further information is available on the website www.coi.cz. The out-of-court settlement of a consumer dispute shall be initiated exclusively at the consumer’s request, and only if the dispute has not been resolved directly with the Seller. The application may be filed within 1 year from the date on which the consumer first exercised his/her right, which is the subject of the dispute, with the Seller.
7.2 The Czech Trade Inspection Authority, Central Inspectorate – ADR Department, with its registered office at Štěpánská 44, 110 00 Prague 1, email: adr@coi.cz, internet address: www.adr.coi.cz, is competent for the out-of-court settlement of consumer disputes (i.e. in particular disputes related to the purchase contract).
7.3 The online dispute resolution platform 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 is available at: http://ec.europa.eu/consumers/odr.
7.4 The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.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.
7.5 The Seller is entitled to sell the Content on the basis of a trade licence, the trade control is carried out within the scope of its competence by the competent trade authority.
VIII. Final Provisions
8.1 This Complaints Procedure is an integral part of the Terms and Conditions and is binding for both the User and the Seller.
8.2 If there is a change in the legal regulations on which these Complaints Procedure are based so that its provisions conflict with a valid and effective legal regulation, such legal regulation shall take precedence over the wording of the Complaints Procedure without further delay.8.3 The User’s rights arising from generally binding legal regulations are not affected by this Complaint Procedure.
8.4 The contact details of the Seller are as follows:
- SC Media s.r.o.
- Headquarters: Soukenická 877/9, 702 00 Ostrava – Moravská Ostrava
- ID: 21458871
- Registered in the Commercial Register kept at the Regional Court in Ostrava, Section C, Insert 95756
- Contact address and address of the establishment (send complaints here):
Soukenická 877/9, 702 00 Ostrava – Moravská Ostrava - Phone: +420 607 711 189 – Please note: This is a legal contact for issue resolution, not Stacy Cruz’s private number.
- Email: info@stacycruz.live
8.5 This Complaint Procedure shall take effect on: 1.3.2025