Terms of service

PIKASTORE s.r.o.

Rybná 716/24
Staré Město
110 00 Prague 1
Czech Republic

Company ID: 19693311
VAT ID: CZ19693311

Contact Information:
email: info@pikastore.cz
instagram: pikastore_prague
www.pikastore.cz

(hereinafter referred to as the "Seller")

1. GENERAL TERMS AND CONDITIONS for the e-shop

All information regarding the processing of your personal data is contained in the Privacy Policy, which can be found here: https://pikastore.cz/policies/privacy-policy.

As you are aware, we primarily communicate remotely. Therefore, it also applies to our Contract that remote communication means are used, allowing us to agree without the simultaneous physical presence of both parties, and the Contract is thus concluded remotely via the e-shop interface ("e-shop web interface").

If any part of the Terms conflicts with what we have jointly agreed upon during your purchase on our e-shop, the specific agreement will take precedence over the Terms.

1.2 SOME DEFINITIONS

• Price is the financial amount you will pay for the Goods;
• Shipping Price is the financial amount you will pay for delivering the Goods, including packaging costs.
• Total Price is the sum of the Price and the Shipping Price;
• VAT is value-added tax according to applicable legal regulations;
• Invoice is a tax document issued in accordance with the VAT law for the Total Price;
• Order is your irrevocable offer to conclude a Contract for the purchase of Goods with Us;
• User Account is an account created based on information you provide, which allows for storing entered data and keeping a history of ordered Goods and concluded Contracts;
• You are the person purchasing on Our e-shop, referred to by legal regulations as the buyer;
• Goods refer to all items available for purchase on the e-shop.

1.3 GENERAL PROVISIONS AND INFORMATION

Purchasing Goods is only possible through the e-shop web interface.
When purchasing Goods, it is your responsibility to provide Us with all information correctly and truthfully. We will consider the information you provide when ordering Goods to be correct and truthful.

2. CONCLUSION OF THE CONTRACT

A Contract with Us can only be concluded in the Czech language.
The Contract is concluded remotely through the e-shop, with the costs of using remote communication means being borne by You. These costs are not different from the standard rates you pay for using such means (particularly for internet access), so you should not expect any additional costs charged by Us beyond the Total Price. By placing an Order, you agree to our use of remote communication means.

In order to conclude the Contract, you need to create an Order proposal on the e-shop. This proposal must include the following information:

• Information about the purchased Goods (on the e-shop, you indicate the Goods you are interested in purchasing by clicking the "Add to Cart" button);
• Information about the Price, Shipping Price, payment method for the Total Price, and desired delivery method for the Goods; this information is provided during the creation of the Order proposal within the user interface of the e-shop, with information on the Price, Shipping Price, and Total Price being displayed automatically based on the Goods you have selected and the delivery method chosen;
• Your identification and contact details to allow for the delivery of the Goods, particularly your name, surname, delivery address, phone number, and email address;
• In the case of a Contract under which we will deliver Goods to you regularly and repeatedly, the information on how long we will deliver the Goods to you must also be specified.

Throughout the creation of the Order proposal, you can change and review the entered information until the Order is completed. By pressing the "Complete Order" button, you create the Order. Pressing the button indicates your agreement with these terms. After pressing the "Complete Order" button, all entered information is sent directly to Us.

We will confirm your Order as soon as possible after receiving it by sending a message to your email address provided in the Order. The confirmation will include a summary of the Order and a link to these Terms. The Contract between Us and You is concluded upon the confirmation of the Order by Us.

There may be cases when we cannot confirm your Order. This mainly occurs if the Goods are unavailable. Should there be any reason preventing the confirmation of your Order, we will contact you and send you an offer to conclude a Contract in a modified form. The Contract is then concluded when you confirm Our offer.

If the e-shop or the Order proposal includes an obviously incorrect Price, we are not obliged to supply you with the Goods at that Price, even if you have received an Order confirmation and the Contract has thus been concluded. In such cases, we will contact you without delay and send you an offer to conclude a new Contract in a modified form. A new Contract is then concluded when you confirm Our offer. If you do not confirm Our offer within 3 days of its submission, we are entitled to withdraw from the concluded Contract. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price with other sellers, or a digit is missing or redundant.

Upon concluding a Contract, you have a commitment to pay the Total Price.

If you have created a User Account, you can place an Order through it, but you are still obligated to review the accuracy, truthfulness, and completeness of the pre-filled information. The Order creation process is the same as for a buyer without a User Account, but with the advantage that you do not have to repeatedly fill in your identification details.

In some cases, we allow you to use a discount when purchasing Goods. To apply a discount, you must enter the relevant discount information into the designated field in the Order proposal. If you do so, the Goods will be provided to you at a discount.

2.2 USER ACCOUNT

Based on your registration within the e-shop, you can access your User Account.
During registration for a User Account, it is your duty to provide all entered information correctly and truthfully, and in case of changes, to update them.
Access to the User Account is secured by a username and password. It is your responsibility to maintain confidentiality regarding these access details and not to provide them to anyone else. We are not responsible for any misuse of the access details.
The User Account is personal, and you are not entitled to allow third parties to use it.
We may cancel your User Account, particularly if you do not use it for more than five years or if you breach your obligations under the Contract.
The User Account may not be continuously available, particularly due to necessary maintenance of hardware and software equipment.

3. PRICING AND PAYMENT TERMS, RETENTION OF OWNERSHIP

The Price is always indicated on the e-shop, in the Order proposal, and, of course, in the Contract. In case of a discrepancy between the Price indicated on the e-shop and the Price shown in the Order summary, the Price in the Order summary, which will always be identical to the Price in the Contract, applies. The Order proposal also includes the Shipping Price or conditions under which shipping is free.
The Total Price includes VAT and all statutory fees.
We will require payment of the Total Price after the conclusion of the Contract and before the delivery of the Goods. You can pay the Total Price in the following ways:

1. Bank transfer. Payment details will be sent to you as part of the Order confirmation. For payments via bank transfer, the Total Price is due within 5 days.
2. Online by card. Payment is processed through the Shopify payment gateway, and the payment terms of this payment gateway are available at: https://www.shopify.com/legal/terms-payments-us. For card payments online, the Total Price is due within 5 days.
3. Cash on delivery. Payment is made upon the delivery of the Goods in exchange for the delivery of the Goods. For cash-on-delivery payments, the Total Price is due upon receipt of the Goods.

An Invoice will be issued electronically after payment of the Total Price and will be sent to your email address. The Invoice will also be physically included with the Goods and available in the User Account.

The ownership of the Goods transfers to you only after you pay the Total Price and take delivery of the Goods. In the case of a bank transfer, the Total Price is considered paid when it is credited to Our account; in other cases, it is paid at the moment of making the payment.

If a customer fails to pick up a package in the case of cash-on-delivery payment, we reserve the right to claim compensation for damages incurred due to this failure to collect. Compensation may include shipping costs, packaging, and other administrative expenses related to the unsuccessful delivery. The customer is obliged to cover these costs within 14 days of receiving a request for payment to Our account.

4. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO GOODS

Goods will be delivered to you in the manner you choose, from the following options:

1. Delivery via courier companies Česká pošta, PPL, UPS, Zásilkovna
2. Personal pickup at Zásilkovna pickup points, PPL, UPS, and branches of Česká pošta

Goods can only be delivered within the Czech Republic and Slovakia.
The delivery time of the Goods always depends on their availability and the chosen delivery and payment method. The expected delivery time of the Goods will be communicated to you in the Order confirmation. The time specified on the e-shop is only indicative and may differ from the actual delivery time.
Upon taking over the Goods from the carrier, it is your duty to check the integrity of the Goods' packaging and, in the event of any defects, immediately notify the carrier and Us. If there is a defect in the packaging that indicates unauthorized tampering and entry into the package, you are not obliged to accept the Goods from the carrier.

If you breach your obligation to accept the Goods, this does not result in a breach of Our obligation to deliver the Goods to you. Likewise, your failure to accept the Goods does not constitute a withdrawal from the Contract between Us and You. However, in such a case, We have the right to withdraw from the Contract due to your substantial breach of the Contract. If We decide to exercise this right, the withdrawal is effective on the day we deliver the notice of withdrawal to you. Withdrawal from the Contract does not affect the claim for payment of the Shipping Price, or for compensation for damages if any were incurred.

If the Goods are delivered repeatedly or in a different manner than agreed in the Contract due to circumstances on your part, you are obliged to reimburse Us for the costs associated with this repeated delivery. Payment details for these costs will be sent to your email address specified in the Contract and are due within 14 days of delivery of the email.

The risk of damage to the Goods passes to you at the moment you take them over. If you fail to accept the Goods, the risk of damage passes to you at the moment you had the opportunity to take them over but did not do so due to reasons on your part. The transfer of the risk of damage to the Goods means that from that moment, you bear all consequences associated with loss, destruction, damage, or any deterioration of the Goods.

If the Goods were not indicated as in stock on the e-shop and an indicative availability time was provided, we will always inform you in the event of:

• an unexpected supply failure of the Goods, in which case we will always provide a new expected availability time or inform you that it will not be possible to deliver the Goods;
• a delay in the delivery of the Goods from Our supplier, in which case we will always provide a new expected delivery time.

If we are unable to deliver the Goods to you within 30 days of the delivery time indicated in the Order confirmation, for any reason, both We and You are entitled to withdraw from the Contract.

4.1 GIFT CARD

A gift card is either a physical card or an electronic code. Based on it, the buyer is entitled to use the seller’s services and deduct the value stated on the card from the total purchase amount. The gift voucher has a set validity period, which the customer finds in the product description or is informed via email. After the expiration date of the gift card, its value expires, and the customer is not entitled to future use or a refund of the amount.

The physical card is delivered within 1-2 working days.

The validity of all cards begins on the day the order is created.
We reserve the right to change the validity period of all cards at any time.

Gift cards are non-refundable!

5. RIGHTS FROM DEFECTIVE PERFORMANCE

We guarantee that at the time of the transfer of the risk of damage to the Goods, the Goods are without defects according to the Terms, particularly:

• they have the properties we have agreed with you, or if not explicitly agreed, then those stated in the Goods description, or those that can be expected given the nature of the Goods;
• they are suitable for the purposes we specified or for the purposes commonly expected for Goods of this type;
• they correspond to the quality or design agreed upon by sample if the quality or design was determined by sample;
• they are in the appropriate quantity and weight;
• they meet the legal requirements for them;
• they are not subject to third-party rights.

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

If the Goods have a defect, i.e., if any of the conditions are not met, you can notify Us of such a defect and assert rights from defective performance (i.e., claim the Goods) by sending an email to the contact information provided in our identification details. You can also use a sample form on our claims portal, which you can find after logging into your profile using your email. When asserting a right from defective performance, it is necessary to specify how you want the defect to be resolved, and this choice cannot be changed later without Our consent. We will handle the complaint in accordance with the right from defective performance asserted by you. If you do not choose a resolution for the defect, you have the rights specified in Article 6 when defective performance constituted a substantial breach of the Contract.

If the defective performance is a substantial breach of the Contract, you have the following rights:

• to remedy the defect by delivering new Goods without defects or delivering missing parts of the Goods;
• to remedy the defect by repairing the Goods;
• to a reasonable discount on the Price;
• to withdraw from the Contract.

If you choose a resolution according to the above points 1) or 2) and We do not remedy the defect within a reasonable period specified by Us, or We inform you that We will not remedy the defect in this way at all, you have the rights specified in points 3) and 4), even if you did not originally demand them during the complaint. Likewise, if you choose to remedy the defect by repairing the Goods, and We find that the defect is irreparable, We will inform you, and you can choose a different method of defect resolution.

If the defective performance is a minor breach of the Contract, you have the following rights:

• to remedy the defect by delivering new Goods without defects or delivering missing parts of the Goods;
• to remedy the defect by repairing the Goods;
• to a reasonable discount on the Price.

However, if We do not remedy the defect in time or refuse to remedy the defect, you have the right to withdraw from the Contract. You can also withdraw if you cannot use the Goods properly due to recurring defects after repair or due to a higher number of defects in the Goods.

In the case of both substantial and minor breaches, you cannot withdraw from the Contract or request the delivery of a new item if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:

• if the condition of the Goods has changed due to an inspection to determine the defect;
• if the Goods were used before the defect was discovered;
• if the impossibility of returning the Goods in an unchanged state was not caused by your actions or omission;
• if the Goods were sold, consumed, or altered during normal use before the defect was discovered; if this only occurred in part, you must return the part of the Goods that can be returned, and in such a case, the portion of the Price corresponding to your benefit from the use of the part of the Goods will not be refunded.

Within 3 days of receiving the complaint, We will confirm via email that We have received the complaint, when we received it, and the estimated time for resolving the complaint. We will handle the complaint without undue delay, but no later than 30 days from its receipt. The deadline can be extended by mutual agreement. If the deadline expires without resolution, you can withdraw from the Contract.

We will inform you of the resolution of the complaint via email. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. You must provide evidence of these costs, such as receipts or confirmations of shipping costs. If the defect is remedied by delivering new Goods, you are obliged to return the original Goods to Us, but the return costs are covered by Us.

If you are a business entity, you are obliged to notify and claim the defect without undue delay after you could have discovered it, but no later than three days after receiving the Goods.

In accordance with the transition to the second-hand regime, the warranty period for all Goods (except custom-made Goods) is now 12 months from the date of receipt of the Goods. For custom-made Goods, the warranty period remains 6 months.

The provisions regarding the right from defects do not apply in the following cases:

• Goods sold at a lower Price due to a defect for which the lower Price was agreed;
• Wear and tear of the Goods caused by normal use;
• Used Goods with defects corresponding to the degree of use or wear the Goods had when you received them;
• When it is evident from the nature of the Goods.

6. WITHDRAWAL FROM THE CONTRACT

Withdrawal from the Contract, i.e., the termination of the contractual relationship between Us and You from its beginning, can occur for reasons and in the manner specified in this article, or in other provisions of the Terms where the option to withdraw is explicitly stated.

If you are a consumer, i.e., a person purchasing Goods outside the scope of your business activities, you have the right to withdraw from the Contract without giving any reason within 14 days of the delivery of the Goods, in accordance with Section 1829 of the Civil Code. If we have concluded a Contract for the delivery of several types of Goods or the delivery of several parts of the Goods, this period begins on the day of delivery of the last part of the Goods, and if we have concluded a Contract under which we will regularly and repeatedly deliver Goods to you, it begins on the day of delivery of the first delivery. You can withdraw from the Contract in any verifiable way (particularly by sending an email or letter to Our addresses provided in Our identification details). For withdrawal, visit the customer account page, where you can initiate the withdrawal process.

However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is:

• Goods whose Price depends on fluctuations in the financial market independent of Our will and which may occur during the withdrawal period;
• Goods that have been customized according to your wishes or for your person;
• Goods in a sealed package that have been removed from the packaging and cannot be returned for hygienic reasons.

The withdrawal period is considered to be maintained if you send Us the notice of withdrawal during its course.

If the buyer is a consumer, the warranty period is 12 months for regular Goods and 6 months for custom-made items, in accordance with the transition to the second-hand regime.

In the event of withdrawal from the Contract, the Price will be refunded to you within 14 days of the effectiveness of the withdrawal to the account from which it was credited, or to the account provided during the withdrawal from the Contract. However, the amount will not be refunded before you return the Goods to Us or prove that you have sent them back. Please return the Goods clean and, if possible, in the original packaging.

CUSTOMPANTSPRG Custom Tailored Pants

Withdrawal from the contract is not possible in the case of purchasing goods that have been customized (sewn, altered, repaired, sharpened, etc.) or made to order according to the customer's specifications. This involves creating a product to order according to the relevant provisions of Act No. 367/2000 Coll., the Civil Code. If the buyer changes their mind during the manufacturing process, they must still pay the seller the full price.
In the case of a proven manufacturing defect in the goods, the buyer may request a repair, financial compensation for damages, or a full refund.
If the buyer is a consumer, the warranty period is 12 months for regular goods and 6 months for custom-made items, in accordance with the transition to the second-hand regime.

If you withdraw from the Contract according to the Terms, you are obliged to return the Goods to Us within 14 days of withdrawal, and you bear the costs associated with returning the Goods to Us. You are, however, entitled to have the shipping costs refunded, but only up to the amount corresponding to the cheapest shipping method we offered for the delivery of the Goods. If you withdraw due to Our breach of the concluded Contract, We will also cover the costs of returning the Goods to Us, again up to the amount corresponding to the cheapest shipping method we offered for the delivery of the Goods.

7. DISPUTE RESOLUTION WITH CONSUMERS

We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.
We handle consumer complaints electronically. Information about the resolution of the complaint will be sent to the buyer's email address.

For out-of-court resolution of consumer disputes arising from the Contract, the competent authority is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, internet address: http://www.coi.cz. The online dispute resolution platform at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, arising from purchase contracts concluded electronically.
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 the contact point under Regulation (EU) No. 524/2013 of the European Parliament and Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Online Dispute Resolution Regulation).

8. LOYALTY PROGRAM

1. Participation in the Program
   The Loyalty Program (hereinafter referred to as the "Program") is open only to individuals who have registered on our website pikastore.cz.
   Each customer can only have one loyalty account. Duplicate accounts will be canceled without prior notice.

2. Earning Points and Rewards
   Points are awarded only for purchases made on our official website or in Pikastore brick-and-mortar stores.
   Points earned within the Program are non-transferable to another customer and cannot be exchanged for cash.

3. Using Discounts and Rewards
   Discounts and rewards earned through the Program are non-transferable and can only be used by the holder of the loyalty account to which they are linked.
   Discounts and rewards cannot be combined with other promotions, discounts, or coupons unless explicitly stated otherwise.
   If goods for which points were earned or a discount was applied are returned, we reserve the right to deduct the corresponding number of points from the customer's loyalty account.

4. Misuse and Fraudulent Behavior
   Any attempt to misuse the loyalty program, including but not limited to duplicate accounts, fake purchases, or fraudulent earning of points, will result in the immediate cancellation of the loyalty account and forfeiture of all earned points and rewards.
   We reserve the right to reclaim any discounts or rewards obtained in violation of these conditions.

5. Changes and Termination of the Program
   We reserve the right to modify, suspend, or terminate the Program at any time without prior notice.
   In the event of termination of the Program, customers will be informed in advance and will have the opportunity to redeem remaining points by the termination date.

6. Protection of Personal Data
   All personal data collected as part of the Program will be processed in accordance with our privacy policy, which you can find on our website.

9. FINAL PROVISIONS

If Our and Your legal relationship contains an international element (for example, we will ship goods outside the Czech Republic), the relationship will always be governed by Czech law. However, if you are a consumer, your rights under legal regulations are not affected by this provision.

We will deliver all written correspondence with you electronically. Our email address is provided in Our identification details. We will deliver correspondence to the email address specified in the Contract, in the User Account, or through which you have contacted us.

The Contract can only be modified by written agreement. However, We are entitled to amend and supplement these Terms, but such changes will not affect already concluded Contracts, only Contracts concluded after the changes take effect. However, we will inform you of the changes only if you have created a User Account (so that you have this information if you are placing new orders, but the change does not create a right to termination, as we have not concluded a Contract that can be terminated), or if we are delivering Goods to you regularly and repeatedly based on the Contract. We will send you information about the change to your email address at least 14 days before the change takes effect. If we do not receive a notice of termination from you within 14 days of sending the change notification, the new conditions become part of our Contract and will apply to the next delivery of Goods following the change taking effect. The notice period in the case of termination is 2 months.

In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational disruptions, supplier failures), we are not liable for damages caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, both We and You have the right to withdraw from the Contract.

The Contract, including the Terms, is archived electronically with Us, but is not accessible to You. However, you will always receive these Terms and the Order confirmation with the Order summary by email, so you will always have access to the Contract without Our assistance. We recommend always saving the Order confirmation and the Terms.

These Terms are effective as of 28.8.2024.