Terms of service
PIKASTORE s.r.o.
Rybná 716/24, Staré Město, 110 00 Prague 1, Czech Republic
Company ID (IČO): 19693311 | VAT ID (DIČ): CZ19693311
Contact:
• Email: info@capkov.cz
• Instagram: @capkov_prague
• Web: www.capkov.cz
(hereinafter the “Seller”)
1. GENERAL TERMS AND CONDITIONS FOR THE ONLINE SHOP
All information about how we process your personal data is contained in our Privacy Policy, available on the Online Shop.
Because we communicate primarily at a distance, this Contract is concluded remotely through the Online Shop interface (the “Online Shop”). If any provision of these Terms conflicts with an individual agreement you confirmed during the purchase process, that individual agreement prevails.
1.1 Definitions
- Price – the monetary amount payable for the Goods;
- Delivery Price – the monetary amount payable for delivering and packaging the Goods;
- Total Price – the sum of the Price and the Delivery Price;
- VAT – value‑added tax under applicable law;
- Invoice – a tax document issued for the Total Price in accordance with Czech VAT legislation;
- Order – your irrevocable offer to conclude a purchase contract for the Goods;
- User Account – an account you create that stores your details and order history;
- You / Buyer – the person purchasing on the Online Shop;
- Goods – any products offered on the Online Shop.
1.2 General Provisions
Goods can be purchased only through the Online Shop.
You must provide all information truthfully and accurately; we will rely on the data you submit when ordering.
2. CONCLUSION OF THE CONTRACT
The Contract is concluded exclusively in English; this English version prevails for all international customers.
The Contract is formed remotely via the Online Shop. You bear your own costs of internet access; we do not add any fees beyond the Total Price. By placing an Order, you agree to use remote communication.
Order Proposal. To create an Order you must:
- select Goods by clicking “Add to Cart”;
- choose the method of payment, delivery, and see the automatically calculated Price, Delivery Price and Total Price;
- enter your identification and contact details (name, address, phone, e‑mail);
- if the Contract involves regular deliveries, specify the duration.
- You may check and amend your data until you click “Complete Order.” Clicking this button constitutes your Order and confirms your agreement with these Terms.
- Order Confirmation. We will confirm receipt of your Order by e‑mail, including a summary and a link to these Terms. The Contract is concluded when we send the confirmation.
- If we cannot confirm your Order (e.g., the Goods are unavailable), we will contact you with a modified offer. The Contract is formed when you accept the modified offer.
- Obvious Price Error. If the Online Shop or Order shows an obvious pricing error, we are not obligated to supply at that price, even after confirmation. We will offer a new Contract; if you do not accept within 3 days, we may withdraw.
- By concluding the Contract, you undertake to pay the Total Price.
2.1 User Account Orders
If you order via your User Account, verify that the pre‑filled data are correct. Otherwise, the ordering procedure is identical.
2.2 Discounts
If the Online Shop allows a discount, enter the discount details in the designated field during checkout; the Goods will be supplied at the discounted Price.
3. PRICE, PAYMENT & RETENTION OF TITLE
The Price shown on the Online Shop and in the Order summary is binding and identical to the Price in the Contract. The summary also states the Delivery Price and any conditions for free delivery.
The Total Price is inclusive of VAT and all statutory charges.
Payment Methods (Total Price payable after the Contract is concluded and before dispatch):
- Online card payment via Shopify Payments – payable within 5 days; subject to https://www.shopify.com/legal/terms-payments-us
- Invoice. We issue an electronic Invoice after payment and e‑mail it to you; and store it in your User Account.
Retention of Title. Ownership passes to you only after full payment and receipt of the Goods.
Non‑collection / Chargebacks. If you fail to collect a parcel, we may claim reimbursement of actual delivery and administration costs.
Unpaid amounts after 14 days may be referred to a collection agency or pursued legally.
Repeated non‑collection may block further purchases.
Unjustified chargebacks for personalised items entitle us to recover damages and legal costs.
4. DELIVERY & TRANSFER OF RISK
Delivery Options:
- Courier services (PPL, DHL, DPD, UPS, Packeta);
- Personal pickup at the above carriers’ collection points.
Goods can currently be delivered within the EU (or other destinations explicitly offered on the Online Shop).
The delivery time depends on availability, delivery method and payment. The estimated time is provided in the Order confirmation; times given on the Online Shop are indicative.
Upon receipt, inspect the packaging. If damaged, inform the carrier and us immediately; you are not obliged to accept Goods with evident interference.
Failure to accept delivery does not terminate the Contract. We may withdraw for your substantial breach; withdrawal takes effect on delivery of notice and does not affect our right to Delivery Price or damages.
If redelivery or alternative delivery is required for reasons on your side, you must pay the associated costs (invoice due 14 days after e‑mail notice).
Transfer of Risk. Risk of loss passes when you receive the Goods or could have received them but did not due to your fault.
If the Goods were not advertised as in stock and a lead time was shown, we will inform you of:
- extraordinary supply outages;
- delays from our supplier.
If we cannot deliver within 30 days after the confirmed delivery period, either party may withdraw.
4.1 Gift Cards
Gift cards (physical or electronic) allow the holder to deduct the stated value from purchases.
Validity starts on the Order date; validity is indicated in the product description or by e‑mail and may be changed by us.
Physical cards are delivered to the courier in 1–2 business days.
Gift cards are non‑refundable.
5. RIGHTS FOR DEFECTIVE PERFORMANCE (WARRANTY)
We warrant that at the time risk transfers the Goods are defect‑free, in particular:
- they have the agreed or described qualities;
- they suit the stated or customary purpose;
- they match any agreed sample;
- they are in the correct quantity and weight;
- they comply with legal requirements;
- they are free of third‑party rights.
Rights and obligations follow Czech law, notably §§ 1914–1925, 2099–2117, 2161–2174 of the Civil Code and Act No. 634/1992 Coll. on Consumer Protection.
Making a Claim. Report defects by e‑mail or via our claims portal (template available after login). Specify how you wish the defect resolved. If you do not choose, Article 6 applies (material breach).
Material breach remedies:
- delivery of new Goods or missing parts;
- repair;
- reasonable discount;
- withdrawal.
If we fail to remedy under 1) or 2) within a reasonable time, you may demand 3) or 4).
Non‑material breach remedies:
Delivery of new Goods or parts; 2) repair; 3) discount.
If we do not remedy in time or refuse, you may withdraw.
You may not withdraw or demand new Goods if you cannot return them in the received condition, except where:
- inspection caused the change;
- you used the Goods before the defect appeared;
- the impossibility is not your fault; or
- you consumed or altered the Goods during normal use (return the remainder).
We confirm receipt of a claim within 3 days and resolve it within 30 days (extendable by agreement). After expiry you may withdraw.
If the claim is valid, we reimburse reasonable costs. If new Goods are supplied, you must return the defective Goods at our expense.
Business buyers must notify defects without undue delay, no later than 3 days after receipt.
Warranty Period:
- 24 months for all Goods (except customised);
- 6 months for customised Goods.
The warranty does not cover:
- discounted Goods for the defect for which the discount was agreed;
- wear from normal use;
- used Goods proportional to their prior use;
- cases excluded by the nature of the Goods.
- Personalised products (embroidered, engraved, etc.) cannot be claimed for design, colour or placement dissatisfaction; only manufacturing defects.
6. WITHDRAWAL FROM THE CONTRACT
Consumer Right (EU Directive 2011/83/EU, Czech § 1829):
Consumers may withdraw within 14 days of delivery (or last part/first regular delivery). Start withdrawal via your account or by e‑mail/letter.
No withdrawal for:
- goods with price dependent on market fluctuations;
- goods made to your specifications or clearly personalised;
- sealed goods unsealed after delivery that cannot be returned for hygiene reasons.
The 14‑day period is met if you send withdrawal notice within it.
We refund the Price within 14 days of effective withdrawal to the original or specified account, but not before we receive the Goods or proof of dispatch.
Return Goods clean and ideally in original packaging.
Custom‑made Goods: withdrawal is excluded; if you cancel during production, you must pay the full price.
For proven manufacturing defects you may request repair, compensation, or refund.
You must return Goods within 14 days and bear return costs.
We refund Delivery Price only up to the cheapest delivery method originally offered.
If withdrawal is due to our breach, we reimburse return costs up to that amount.
Mystery Orders:
Randomly selected products cannot be returned or withdrawn for personal preference. Withdrawal under § 1837(d) is excluded.
7. CONSUMER DISPUTE RESOLUTION
We are not bound by any codes of conduct.
Complaints are handled electronically; we will inform you by e‑mail.
Out‑of‑court dispute resolution:
- Czech Trade Inspection Authority – http://www.coi.cz
- EU ODR platform – http://ec.europa.eu/consumers/odr
- European Consumer Centre CZ – http://www.evropskyspotrebitel.cz
8. LOYALTY PROGRAM (currently unavailable)
- Participation: registered individuals only; one account per customer.
- Earning Points: accrue only via our site or stores; non‑transferable, not cashable.
- Using Rewards: non‑transferable, for account holder only, cannot be combined unless stated.
- Abuse: may result in cancellation and recovery of misused rewards.
- Changes & Termination: may occur at any time; points valid until termination.
- Data Protection: governed by our Privacy Policy.
9. FINAL PROVISIONS
If the legal relationship includes an international element, Czech law applies; consumer rights under mandatory local laws remain unaffected.
Correspondence is sent by e‑mail to the contact used in the Contract or User Account.
The Contract may be amended only in writing. We may update these Terms; new versions apply to Contracts concluded after their effective date.
For User Accounts or regular deliveries, we notify changes 14 days in advance. If you do not terminate, new Terms apply. Termination period: 2 months.
Force Majeure:
We are not liable for delays or failure caused by events like natural disasters or supplier outages. If lasting over 10 days, either party may withdraw.
The Contract (including these Terms) is archived electronically but not accessible to you; however, you will always receive these Terms and Order confirmation by e‑mail. We recommend saving them.
Effective date: 1.6.2025