Terms and conditions

This is an English translation provided for convenience. The Czech version of the terms and conditions is legally binding.

My Pyjamas

mypyjamas.store@gmail.com

Company ID (IČO): 21799474

Registered office: K. Šatala 2927/19, 37010, České Budějovice

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (the “terms”) of the seller My Pyjamas, Company ID (IČO): 21799474, registered office: K. Šatala 2927/19, 37010, České Budějovice (the “seller”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (the “purchase contract”) concluded between the seller and another natural person (the “buyer”) through the seller's online shop. The seller operates the online shop on the website at www.mypyjamas.cz (the “website”), through the website's interface (the “shop interface”).

1.2. These terms do not apply where the person intending to buy goods from the seller is a legal entity or a person acting in the course of their business or independent profession when ordering the goods.

1.3. Provisions deviating from these terms may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over these terms.

1.4. These terms form an integral part of the purchase contract. The purchase contract and these terms are drawn up in Czech. The purchase contract may be concluded in Czech.

1.5. The seller may change or amend these terms. This does not affect rights and obligations arising while a previous version of the terms was in effect.

2. USER ACCOUNT

2.1. After registering on the website, the buyer may access their user interface and place orders from it (the “user account”). Where the shop interface allows it, the buyer may also place orders without registering, directly from the shop interface.

2.2. When registering on the website and when ordering goods, the buyer must provide all information correctly and truthfully. The buyer must update the information in their user account whenever it changes. The seller considers the information provided by the buyer in the user account and when ordering to be correct.

2.3. Access to the user account is secured by a username and password. The buyer must keep the information needed to access their user account confidential.

2.4. The buyer may not allow third parties to use the user account.

2.5. The seller may cancel the user account, in particular if the buyer has not used it for more than 12 months or if the buyer breaches their obligations under the purchase contract (including these terms).

2.6. The buyer acknowledges that the user account may not be available at all times, in particular due to necessary maintenance of the seller's hardware and software or of third parties' hardware and software.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. All presentation of goods in the shop interface is for information only, and the seller is not obliged to conclude a purchase contract for these goods. Section 1732(2) of the Civil Code does not apply.

3.2. The shop interface contains information about the goods, including the prices of individual goods and the costs of returning goods that by their nature cannot be returned by ordinary post. Prices of goods include value added tax and all related fees. Prices remain valid for as long as they are displayed in the shop interface. This does not limit the seller's ability to conclude a purchase contract on individually agreed terms.

3.3. The shop interface also contains information about the costs of packaging and delivering the goods. This information applies only to deliveries within the Czech Republic.

3.4. To order goods, the buyer fills in the order form in the shop interface. The order form contains in particular information about:

3.4.1. the goods ordered (the buyer “places” the ordered goods in the electronic shopping cart of the shop interface),

3.4.2. the method of payment of the purchase price and the requested method of delivery, and

3.4.3. the costs of delivering the goods (together the “order”).

3.5. Before sending the order to the seller, the buyer can check and change the information entered in the order, including finding and correcting errors made when entering data. The buyer sends the order to the seller by clicking the button “Place order with obligation to pay” (in the Czech version „Objednávka zavazující k platbě“). The seller considers the information stated in the order to be correct. Immediately after receiving the order, the seller confirms its receipt to the buyer by email, to the email address stated in the user account or in the order (the “buyer's email address”).

3.6. Depending on the nature of the order (quantity of goods, purchase price, expected shipping costs), the seller may always ask the buyer for additional confirmation of the order (for example in writing or by phone).

3.7. The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order, which the seller sends to the buyer by email to the buyer's email address.

3.8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The buyer bears their own costs of using such means (internet connection, phone calls), which do not differ from the standard rate.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The buyer may pay the seller the price of the goods and any delivery costs under the purchase contract as follows:

• cashless, by payment card online.

4.2. Together with the purchase price, the buyer must pay the seller the agreed costs of packaging and delivery. Unless expressly stated otherwise, the purchase price also includes the delivery costs.

4.3. The seller does not require a deposit or similar payment from the buyer. This does not affect Article 4.6 regarding the obligation to pay the purchase price in advance.

4.4. The purchase price is due when the order is sent, by payment card online.

4.5. The buyer's obligation to pay the purchase price is fulfilled at the moment the card payment is successfully completed.

4.6. The seller may require payment of the full purchase price before dispatching the goods, in particular if the buyer does not provide additional confirmation of the order (Article 3.6). Section 2119(1) of the Civil Code does not apply.

4.7. Discounts provided by the seller to the buyer cannot be combined.

4.8. Where customary in business or required by generally binding legal regulations, the seller issues the buyer a tax document (invoice) for payments made under the purchase contract. The seller is not a VAT payer. The seller issues the invoice after the price has been paid and sends it electronically to the buyer's email address.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The buyer acknowledges that under Section 1837 of the Civil Code it is not possible, among other things, to withdraw from a purchase contract for goods modified according to the buyer's wishes or for the buyer personally, for perishable goods, for goods irreversibly mixed with other goods after delivery, for goods in a sealed package that the consumer has removed from the package and that cannot be returned for hygiene reasons, or for audio or video recordings or computer software whose original packaging has been broken.

5.2. Unless it is a case under Article 5.1 or another case where withdrawal is not possible, the buyer has the right under Section 1829(1) of the Civil Code to withdraw from the purchase contract within fourteen (14) days of receiving the goods; where the contract covers several types of goods or delivery in several parts, this period runs from receipt of the last delivery. The withdrawal must be sent to the seller within this period. The buyer may use the model form provided by the seller, which forms an annex to these terms. The buyer may send the withdrawal, among other ways, to the seller's email address mypyjamas.store@gmail.com

5.3. If the buyer withdraws under Article 5.2, the purchase contract is cancelled from the outset. The buyer must return the goods to the seller within fourteen (14) days of the withdrawal being delivered to the seller. If the buyer withdraws, the buyer bears the costs of returning the goods, even if the goods cannot be returned by ordinary post due to their nature.

5.4. If the buyer withdraws under Article 5.2, the seller returns the money received from the buyer within fourteen (14) days of the withdrawal, in the same way it was received. The seller may also return the payment when the goods are returned or in another way, if the buyer agrees and incurs no additional costs. If the buyer withdraws, the seller is not obliged to return the money before the buyer returns the goods or proves that they have been sent to the seller.

5.5. The seller may unilaterally set off a claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.

5.6. Until the buyer takes over the goods, the seller may withdraw from the purchase contract at any time. In that case, the seller refunds the purchase price to the buyer without undue delay, in the same way the buyer paid it.

5.7. If a gift is provided to the buyer together with the goods, the gift contract is concluded with a condition subsequent: if the buyer withdraws from the purchase contract, the gift contract ceases to be effective and the buyer must return the gift together with the goods.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. If a method of transport is agreed at the buyer's special request, the buyer bears the risk and any additional costs of that method of transport.

6.2. If the seller is obliged under the purchase contract to deliver the goods to a place specified by the buyer in the order, the buyer must take over the goods on delivery.

6.3. If, for reasons on the buyer's side, the goods have to be delivered repeatedly or in a way other than stated in the order, the buyer must pay the costs of repeated delivery or of the other method of delivery.

6.4. When taking over the goods from the carrier, the buyer must check that the packaging is intact and report any defects to the carrier immediately. If the packaging shows signs of unauthorised opening, the buyer does not have to accept the shipment. This does not affect the buyer's rights regarding defective goods or other rights under generally binding legal regulations.

6.5. Further rights and obligations of the parties regarding the transport of goods may be governed by the seller's special delivery terms, if issued.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the parties regarding defective performance are governed by the applicable generally binding legal regulations (in particular 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 is responsible to the buyer for the goods being free of defects on receipt. In particular, the seller is responsible that at the time the buyer received the goods:

7.2.1. the goods have the properties agreed by the parties or, in the absence of agreement, the properties described by the seller or manufacturer or that the buyer expected given the nature of the goods and their advertising,

7.2.2. the goods are fit for the purpose stated by the seller or for which goods of this kind are usually used,

7.2.3. the quality or design of the goods corresponds to the agreed sample or template, if the quality or design was determined by an agreed sample or template,

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

7.2.5. the goods comply with the requirements of legal regulations.

7.3. Article 7.2 does not apply to goods sold at a lower price for the defect for which the lower price was agreed, to wear caused by normal use, to used goods for a defect corresponding to the degree of use or wear the goods had when received by the buyer, or where this follows from the nature of the goods.

7.4. The buyer exercises rights from defective performance with the seller at an address where a claim can be accepted given the range of goods sold, or at the registered office or place of business. A claim is considered made at the moment the seller receives the claimed goods from the buyer.

7.5. If the goods do not have the agreed properties, i.e. if the goods are defective, the buyer may request:

7.5.1. delivery of new goods without defects, unless this is unreasonable given the nature of the defect (in particular if the defect can be removed without undue delay, i.e. within 30 days at the latest unless agreed otherwise, or if it is a minor defect that does not prevent use of the goods),

7.5.2. if the defect concerns only a part of the goods, only replacement of that part,

7.5.3. if the procedure under 7.5.1 and 7.5.2 is disproportionate given the nature of the defect (in particular if the defect can be removed without undue delay, i.e. within 30 days at the latest unless agreed otherwise), free removal of the defect,

7.5.4. if the above is not possible, the buyer may withdraw from the contract.

7.6. For a removable defect, if the buyer cannot use the goods properly because the defect recurs after repair or because of a larger number of defects, the buyer has the right to delivery of new goods or replacement of the defective part. In that case the buyer also has the right to withdraw from the contract.

7.7. The buyer has no right from defective performance if the buyer knew before receiving the goods that they were defective, or if the buyer caused the defect.

7.8. The buyer must notify the seller of defects – make a claim – without undue delay after discovering them (the seller is not responsible for a defect or its enlargement if the buyer continued to use the goods after the defect became apparent). When making a claim, the buyer tells the seller how the defect manifests itself and how they want the claim to be handled; the chosen remedy cannot be changed unless agreed otherwise with the seller.

7.9. The buyer must prove that they bought the goods from the seller and that the claim is made within the proper period. Without this proof, the seller is not obliged to accept the claim.

7.10. To assess and handle the claim, the buyer must hand over the goods in a way that allows this. The seller is not obliged to accept goods that are not handed over in such a way, or goods that are not properly cleaned, dried, etc. in line with general hygiene requirements and usual practice.

7.11. To speed up communication, we ask buyers to mark the shipment containing the claimed goods and the above documents with “REKLAMACE – e-shop” (claim – e-shop) and to provide sufficient contact details, in particular an address and phone number. The seller does not accept unsolicited cash-on-delivery shipments or shipments at the seller's expense.

7.12. The seller informs the consumer about the handling of the claim by email or text message (applies to claims at the seller's premises and in the e-shop).

7.13. Further rights and obligations of the parties relating to the seller's liability for defects may be governed by the seller's claims procedure.

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. The buyer acquires ownership of the goods by paying the full purchase price.

8.2. The seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

8.3. The seller handles consumer complaints out of court via the email address mypyjamas.store@gmail.com

The seller sends information about the handling of the buyer's complaint to the buyer's email address.

8.4. The seller is authorised to sell goods on the basis of a trade licence. Trade inspection is carried out by the competent trade licensing office. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, within its scope, among other things compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.5. The buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

9. PERSONAL DATA PROTECTION

9.1. The protection of personal data of a buyer who is a natural person is governed 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 (General Data Protection Regulation, “GDPR”) and Act No. 110/2019 Coll., on Personal Data Processing, as amended.

9.2. The buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, demographic and location data, email address, customer opinions, comments and/or reviews, phone number and payment details (together the “personal data”).

9.3. The buyer agrees to the processing of personal data by the seller for the purposes of exercising rights and obligations under the purchase contract and maintaining the user account. Unless the buyer chooses otherwise, the buyer also agrees to the processing of personal data for sending information and commercial communications. Consent to processing personal data in full under this article is not a condition that would by itself prevent the conclusion of the purchase contract.

9.4. The buyer acknowledges that they must provide their personal data (when registering, in the user account, when ordering from the shop interface) correctly and truthfully and must inform the seller of any change in their personal data without undue delay.

9.5. The seller may entrust a third party, as a processor, with processing the buyer's personal data. Apart from persons transporting the goods, the seller will not pass personal data to third parties without the buyer's prior consent.

9.6. Personal data will be processed for an indefinite period. Personal data will be processed electronically in an automated way or in printed form in a non-automated way.

9.7. The buyer confirms that the personal data provided are accurate and that they have been informed that providing personal data is voluntary.

9.8. If the buyer believes that the seller or processor (Article 9.5) is processing their personal data in a way that conflicts with the protection of the buyer's private and personal life or with the law, in particular if the personal data are inaccurate with regard to the purpose of processing, the buyer may:

9.8.1. ask the seller or processor for an explanation,

9.8.2. require the seller or processor to remedy the situation.

9.9. If the buyer requests information about the processing of their personal data, the seller must provide it. The seller may charge a reasonable fee not exceeding the costs necessary to provide the information.

10. COMMERCIAL COMMUNICATIONS AND COOKIES

10.1. The buyer agrees to receive information related to the goods, services or business of the seller at the buyer's email address and also agrees to receive commercial communications from the seller at the buyer's email address.

10.2. The buyer agrees to the storing of cookies on their computer. If purchases can be made on the website and the seller's obligations under the purchase contract fulfilled without storing cookies on the buyer's computer, the buyer may withdraw this consent at any time.

11. DELIVERY OF DOCUMENTS

11.1. Documents may be delivered to the buyer at the buyer's email address.

12. FINAL PROVISIONS

12.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that it is governed by Czech law. This choice of law does not deprive a buyer who is a consumer of the protection afforded by provisions that cannot be derogated from by agreement and that would otherwise apply under Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.2. If any provision of these terms is or becomes invalid or ineffective, it is replaced by a provision whose meaning is as close as possible to the invalid one. The invalidity or ineffectiveness of one provision does not affect the validity of the others.

12.3. The purchase contract including these terms is archived by the seller in electronic form and is not accessible.

12.4. Seller's contact details: delivery address K. Šatala 2927/19, 37010, České Budějovice

Email address mypyjamas.store@gmail.com

Phone +420770650277