General Terms and Conditions

The General Terms and Conditions of online store www.pikaluna.com/us are written in accordance with the Consumer Protection Act (ZVPot), the Personal Data Protection Act  (ZVOP-1) and the Electronic Communications Act (ZEKom-1).

Online store www.pikaluna.com/us in managed by the Elesus d.o.o., Ljubljanska ulica 45, 1241 Kamnik, Slovenia.

The General Terms and Conditions specify the operation of the online store, the rights and obligations of the user and store and regulate the business relationship between the online store www.pikaluna.com/us and the customformer.

The customer is bound by the General Terms and Conditions that are valid at the time of purchase (placing an online order).

Accessibility of information

Elesus d.o.o. undertakes to always provide the customer with the following information:

• company identity (name, registered office of the company and register number),
• contact details that allow the customer to communicate quickly and efficiently,
• essential characteristics of goods or services (including after-sales services and guarantees),
• product availability (each product or service that is on offer should be available within a reasonable time),
• delivery conditions of the product (method, place and delivery time),
• all prices must be clearly and unambiguously set, it must be clearly shown whether they include taxes and transport costs,
• method of payment and delivery,
• time validity of the offer,
• conditions, deadlines and procedures in case of withdrawal from the contract,
• an explanation of the complaint procedure, including any details of the contact person or customer relationship service.

Offer of articles

Due to the nature of online business, the offers and prices in the online store www.pikaluna.com/us are updated and changed frequently and quickly.

Prices and offers of articles are time limited. Company Elesus d.o.o. reserves the right to extend the offers, change the price or withdraw the offer at any time.

Order

The purchase contract between the online store www.pikaluna.com/us and the customer is concluded in the moment when the online store www.pikaluna.com/us sends the customer the first electronic message about the status of the order. From this moment on all prices and other conditions are fixed for both the online store www.pikaluna.com/us and the customer. The customer is considered to be the person, who’s data was stated when placing the order.

The purchase contract (i.e. the first electronic message about the status of the order) is stored in the electronic form on the server of www.pikaluna.com/us .

Methods of payment

The online store www.pikaluna.com/us allows the following methods of payment:

• with cash upon receipt of the order via the GLS delivery service
• with Paypal to the company bank account
• with credit card

Delivery costs

Product prices do not include delivery or postage costs. These are stated at the end, during calculating the value of the order, before the electronic confirmation of the order.

Issue of invoices

The customer receives the invoice at the specified email address, after receiving the order. .

The invoice breaks down the price and all costs related to the purchase. The buyer is obliged to check the correctness of the data before placing the order.

Prices

All prices include VAT. Prices are valid at the time of placing the order. Prices are valid in case of payment with the above mentioned payment methods and under the above mentioned conditions.

Despite tremendous efforts to provide the most up-to-date and accurate  information, prices information may be inaccurate. In this case, or in the event of price changes during the processing of the order, www.pikaluna.com/us will allow the buyer to withdraw from the purchase.

Discounts, promotional codes, etc. are generally not added together. Discounts and promotional codes cannot be exchanged for cash.

Discount code

The discount code brings various benefits when purchasing through the online store www.pikaluna.com/us. It is time limited and must be used within the specified time otherwise it is invalid. Active discount codes can be found on the title page of the advertising message, on the page of each department, in our e-newsletter or other media.

In the event that the customer uses the discount code, but later on his own will cancel the order with the used code, he is no longer entitled to a new benefit from this code.

The discount code is a one-time code, which means you can only use it once. It is not possible to combine different forms of benefits (discount code, promotional code and bonus) within the same order.

Use of the discount code

Only one discount code can be used for one purchase.

• Select the product you want to buy and add it to the cart.
• When completing the purchase at the checkout, enter the discount code in the DISCOUNT CODE box and click the CONFIRM button.
• When you enter the discount code, the value of the discount code is automatically deducted from the price of your order. The amount that still needs to be paid remains.

2+2 GRATIS

The 2+2 promotion applies to all products except the lingerie, bundles and sports collection and is automatically applicable when 4 products are added in the cart.

Sweepstakes rules

Definitions

The organizer of the prize game is Elesus d.o.o., Ljubljanska ulica 45, 1241 Kamnik, Slovenia. The participant in the prize game is a natural person who participates in the announced prize campaigns. The winners of the prizes are by the computer selection function at random or determined by the commission of the organizer.

The right to participate in the prize game

Participants in the prize draw can be natural persons who are citizens of the Republic of Slovenia. Persons employed by the organizer of the prize game and their immediate family members, as well as persons employed by other legal entities related to the implementation of this prize game, may not participate in the prize game. Legal entities cannot participate in the prize draw. Persons who do not accept the rules of the prize game cannot participate in the prize game. It is considered that the participant has accepted the rules of the prize game by participating in the announced prize game.

Rules of participation in the prize game

You do not need to purchase the services or products of the prize draw organizer to participate in the prize draw.

Electronic prize draw

All participants in the prize draw can take part in the draw. One participant can participate in the prize draw only once. The result of the draw is final. No appeal is possible. The winner will be notified of the receipt and method of receiving the prize by e-mail or other means of communication.

Obligations of the winner

It is not possible to exchange the prize for cash, nor can it be exchanged for another item.

The winner is obliged to provide the organizer of the prize game with his personal data – name, surname, address, e-mail address and telephone number in writing, all no later than two days after receiving notification that he is the winner of the prize.

Payment of all taxes on prizes (including VAT) is the responsibility of the organizer. The organizer is not responsible for taxes that may arise in connection with any other prizes. If the winner does not fulfill all obligations, it is considered that the winner does not want to accept the prize and thus the organizer in relation to the winner is free of all obligations after this prize game and acquires the right to dispose of the prize for any other purpose. Prizes are not transferable.

If the organizer of the prize game does not receive all the necessary information and a statement that he wishes to receive the prize for any reason within three working days from the moment he sends the winner a notification that he has been drawn, the prize winner is considered unwilling accepted and thus the organizer in relation to the winner is free of all obligations under this prize game and acquires the right to dispose of the prize for any other purpose.

Protection of personal data

The organizer of the prize game protects all personal data obtained from the participants during the prize game in accordance with the regulations governing the protection of personal data. The organizer may use the personal data obtained from the participants exclusively for the purposes for which they were obtained. The participant of the prize game agrees that the organizer may send him notifications regarding the offers of the organizer. The participant or his guardian or legal representative may at any time revoke his consent to the use of personal data obtained in the prize draw for the purposes of direct marketing. The organizer of the prize game reserves the right to organize the award ceremony as a public event. By participating in the prize draw, the participant allows his name and address to be used in the audio, photo and video material of the prize draw organizer. The winner of the prize game allows the organizer of the prize game to publish his personal data in the media and on the world web for the purpose of informing about the results of the draw or receiving the prize.

Publication of the rules of the prize game

By submitting their data, the participants of the prize game agree that they are familiar with the rules and undertake to act in accordance with the rules of the prize game. In the event of any dispute or ambiguity, these rules shall be deemed to be primary in relation to any other publications, whether in printed, electronic or any other form.

Purchase process

1. Product selection: On the website www.pikaluna.com/us select the package with the number of products. The selected package is moved to your cart. You can continue with the purchase, with the same product selection or you can complete the purchase.
2. Removing a product from the shopping cart: On the website www.pikaluna.com/us, there is a shopping cart icon in the upper right corner, in which (after clicking on the icon) the user is shown the products he added to the shopping cart while browsing the online store. If the user wants to remove a specific product from the shopping cart, he must click on the number of products and select 0. This will remove the selected product from the cart.
3. Completion of the purchase:  To complete the order, you must fill in the marked fields

• Delivery address: You must provide the required contact information, marked with a red asterisk (name, surname, e-mail address, address, place, postal code and telephone number), which we need to confirm and complete the order and delivery of the product.
• Method of payment: You can choose between cash on delivery or payment by credit card or PayPal..
• Continuing the order: Click on the SUBMIT ORDER button to move to the next step of the order.
• Additional offer: On the website you will see an additional offer, which you can skip and thus complete the purchase, but if you buy the product, it is automatically added to your order by clicking the BUY button.
• Order overview: If the order has been successfully placed, Thank you will be sent, the order will be sent to the address below.
• Purchase notification process

1. Order confirmation

After placing the order, the buyer receives a notification by e-mail that the order has been accepted. The online store www.pikaluna.com/us reviews the order, checks the availability of the ordered items and confirms the order or rejects it with a reason. Www.pikaluna.com/us may call the customer on his contact telephone number to verify the data or to ensure the accuracy of the delivery. The products displayed on the website www.pikaluna.com/us are in stock. In case the product is not in stock, www.pikaluna.com/us will inform the customer and inform him of the delivery time of the product. If the delivery period is very long and the buyer does not want to wait, the buyer can notify www.pikaluna.com/us, which will remove the item from the order and return to the buyer any funds already paid, and other items from the order at the choice of the buyer or deliver or the entire order reversed. Www.pikaluna.com/us does not take any responsibility for damage caused by longer delivery times or non-delivery of items that the online store www.pikaluna.com/us does not have in stock.

2. The order is shipped

www.pikaluna.com/us prepares and sends the item within the agreed deadline and notifies the customer by email.

In the event that the buyer decides to cancel the order in time, he must immediately notify the seller via the form or by email to [email protected]. If it happens that the order has already been shipped, the buyer rejects the shipment to the delivery service.

Purchase for legal entities

The purchase procedure for legal entities is exactly the same as for natural persons, except that at the end of the purchase he also enters the name of the company and the tax number of the company.

The right of withdrawal of the consumer from the contract

In the case of distance contracts, the consumer has the right to notify the company within 14 days by email to [email protected] or via some other communication channel that he is withdrawing from the contract, without having to give a reason for his decision.

The deadline starts one day after the date of receipt of the products.

In addition to the returned product in the original packaging, the customer who withdraws from the contract must enclose an invoice and a completed exchange/return form.

The consumer must return the goods to the company no later than 14 days after the notification of withdrawal from the order. The consumer returns the goods to the address: Elesus d.o.o., Ljubljanska ulica 45, 1241 Kamnik, Slovenia. The only cost borne by the consumer in connection with the withdrawal from the order is the direct cost of returning the goods.

We do not accept redemption packages. Returned packages sent with a ransom will be rejected.

The consumer must return the item to the seller undamaged, unused and unwashed in the same quantity, unless the item is destroyed, damaged, lost or its quantity has decreased without the consumer’s fault. The consumer may not use the items without hindrance until the withdrawal from the contract. The consumer may inspect and test the articles to the extent strictly necessary to establish the actual situation. The consumer is liable for a reduction in the value of the goods if the reduction is the result of conduct not necessarily necessary to establish the nature, characteristics and functioning of the goods.

The consumer shall not be entitled to withdraw from contracts for contracts which have as their object a product which has been manufactured to the consumer’s exact instructions and which has been adapted to his personal needs and which by its nature is not eligible for a refund which is perishable or has expired.

The company returns the received payments to the consumer with the same means of payment as used by the consumer, unless the consumer has explicitly requested the use of another means of payment and the consumer does not incur any costs as a result.

Upon withdrawal from a contract where a bonus, discount code or promotional code has been used, these funds are considered a discount and are not returned to the user. Only the amount paid is returned to the user.

Actual error

A material error is when:

• the item does not have the properties necessary for its normal use or for marketing
• the item does not have the properties necessary for the specific use for which the buyer is buying it, but which was known to the seller or should have been known to him
• the item does not have properties and qualities that have been explicitly or tacitly agreed or prescribed
• the seller has delivered an item that does not match the pattern or model, unless the pattern or model was shown for notification only.

The customer must inform the online store www.pikaluna.com/us about any material error together with a detailed description within the legally prescribed period and at the same time enable the inspection of the item.

Liability for actual errors

The seller is liable for material errors, that the item had at the time the danger passed to the customer, regardless of whether he was aware of it or not. The seller is also liable for those material errors that appear after the danger has passed to the customer, if they are due to a cause that already existed before. A slight factual error is disregarded.

Delivery

Our contractual partner for the delivery of shipments is the GLS delivery service, but the company Elesus d.o.o. reserves the right to choose another delivery service if it will be able to fulfill the order more efficiently.

Security

The online store www.pikaluna.com/us uses appropriate technological and organizational means to protect the transfer and storage of personal data, orders and payments. The provider does not assume any responsibility and cannot be held liable for any damage to computer / hardware or other property and any viruses that could affect the user’s equipment due to visiting the website, downloading text, images, data.

Ratings, opinions and recommendations

The opinions, ratings and recommendations that customers write are part of the functionality of the online store, and are intended for the community of all users.

www.pikaluna.com/us allows any user of the online store to write an opinion, and www.pikaluna.com/us reviews them before final publication. The online store www.pikaluna.com/us will not publish opinions or contributions that are in any way offensive, inappropriate or which, in the opinion of www.pikaluna.com/us, do not offer benefits to other users and visitors.

By submitting an opinion or comment, the user expressly agrees to the terms of use of his opinion or comment and allows the online store www.pikaluna.com/us to publish part or all of the text in all electronic and other media. www.pikaluna.com/us has the right to use the content of the opinion or comment indefinitely and for any purpose that is in the business interest of www.pikaluna.com/us, including publication in advertisements or other marketing communications. The author of the opinion declares and guarantees that he is the owner of the material and moral copyrights for the written opinions and comments and that he transfers these rights non-exclusively and indefinitely to Elesus d.o.o.

Limitation of liability

www.pikaluna.com/us makes every effort to ensure that the information published on the website is up-to-date and correct. However, the characteristics of the items, delivery time or price may change so quickly that www.pikaluna.com/us sometimes fails to correct the information on the websites. In such a case, www.pikaluna.com/us will notify the customer of the changes and allow him to withdraw from the contract or replace the ordered item.

www.pikaluna.com/us has the option to withdraw from the contract only if an obvious error is established (Article 46 of the Civil Code). An obvious error is considered to be an error in the essential characteristics of the item and all errors that are considered decisive according to the customs of the store or the intention of the customers and which www.pikaluna.com/us would not confirm or conclude the contract in case of knowledge. This also includes obvious price errors.

Exclusion of liability

We reserve the right to disable the website or disable access to it due to technical or other problems and maintenance, which also means disabling or hindering the use of the online store. In case of technical problems on the website, we reserve the right to cancel placed orders that have been affected by a technical error. In the event of order cancellation, we will notify you as soon as possible and inform you of the next steps. The customer must provide appropriate protective equipment before accessing the website.

Complaints and disputes

Elesus d.o.o. complies with applicable consumer protection legislation. Elesus d.o.o. makes every effort to fulfill its duty to ensure an efficient complaint handling system.

The complaint is submitted via email to [email protected]/. The appeal procedure is confidential. www.pikaluna.com/us will confirm the receiving of the complaint within five working days, inform the customer how long it will take to process it and keep him informed of the progress of the procedure.

www.pikaluna.com/us is aware that an essential feature of consumer disputes is the disproportion between the economic value of the claim and the time and costs incurred in resolving the dispute, which is also the main obstacle to the consumer not initiating a dispute in court. Therefore, www.pikaluna.com/us strives to the best of its ability to resolve any disputes amicably.

Out-of-court settlement of consumer disputes

In accordance with legal norms, www.pikaluna.com/us does not recognize any provider of out-of-court settlement of consumer disputes as competent for resolving consumer disputes that could be initiated by the consumer in accordance with the Out-of-Court Settlement of Consumer Disputes Act.

Elesus d.o.o., which as a provider of goods and services enables online trade in the territory of the Republic of Slovenia, publishes on its website an electronic link to the platform for online resolution of consumer disputes (SRPS). The platform is available to consumers here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL.

That regulation derives from the Out-of-Court Settlement of Consumer Disputes Act, Regulation (EU) no. Regulation (EC) No 524/2013 of the European Parliament and of the Council on the online settlement of consumer disputes and amending Regulation (EC) No 2016/2004 and Directive 2009/22 /ES.