General Terms and Conditions

PELEK Distribution s.r.o. for the sale of goods through the online store located at pelek-bg.com under the name PELEK Distribution s.r.o.

Contact information
Basic terms
Notice to customers before concluding the purchase contract
Process of concluding a purchase contract
Price of goods and payment methods
Delivery of goods and place of performance
Rights in the event of defective performance
Methods for processing and settling complaints
Personal data protection
Force majeure
Alternative dispute resolution
Final provisions, including applicable law and jurisdiction

1. Contact information

1.1 Online store operator:

PELEK Distribution s.r.o.

Registered office: Vlkova 532/8, 13000 Prague, Czech Republic

Company ID: 26719941

VAT number: CZ26719941

Authorized representative: Serhii Kryvulia

Commercial court / commercial register: Municipal Court in Prague Registration number: 231166

Business address: 2 Peterska Street, 11000 Prague,

(hereinafter referred to as the “seller” or “we”)

Telephone: +420 705 724 353

Email: info@pelek.eu

Customer service: We provide our customers with customer support at the specified telephone number and email address on business days from 9:00 a.m. to 5:00 p.m.

2. Basic terms

2.1 These General Terms and Conditions (hereinafter referred to as the “GTC”) of the seller govern the mutual rights and obligations of the parties to the contract arising in connection with or on the basis of the purchase contract (hereinafter referred to as the “purchase contract”)

concluded between us and consumers or entrepreneurs (hereinafter referred to as the “customer” or “you”) through PELEK Distribution s.r.o. at pelek-bg.com.

2.2 Online store. The seller’s online store (hereinafter referred to as the “online store”) is operated on the website pelek-bg.com PELEK Distribution s.r.o.

2.3 What can you purchase from us? In our online store PELEK Distribution s.r.o. you can purchase the goods that we offer and supply. If a license is offered with the goods, you can purchase the license to use them as well.

2.4 Who is considered a consumer? A consumer is any natural person who, outside the scope of their commercial activity or independent professional practice, enters into a purchase contract with us or otherwise acts in a legal capacity (hereinafter referred to as the “consumer”). The online store is intended only for customers who are consumers. Sales to companies are not possible.

2.5 Goods with digital content. These GTC apply accordingly to contracts for the supply of goods with digital content, unless otherwise specified. Digital content means data created and provided in digital form.

2.6 Goods with digital elements. These GTC apply accordingly to contracts for the supply of physical data carriers that serve exclusively as carriers of digital content, unless otherwise specified. Digital content means data created and provided in digital form.

2.7 Take-back of electrical appliances. In view of the obligations imposed by § 38 of Act No. 185/2001 Coll., on waste, as amended by subsequent provisions, we inform customers that old electrical appliances may be handed over free of charge for disposal at: Kirilova 181, 739 21 Paskov, .

3. Notices to customers before concluding the purchase contract

3.1 Seller's powers and supervisory authorities. We are authorized to sell goods on the basis of a trade license. Trade supervision is carried out within its jurisdiction by the relevant trade office. Supervision of personal data is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, among other things, supervises compliance, to a defined extent, with Act No. 634/1992 Coll., on Consumer Protection.

3.2 Illustrative nature. The photographs you see on our website are for illustrative purposes only.

3.3 Additional costs. We do not charge any additional costs for telecommunications means (for example.

if you call us at our telephone number, you will pay only your usual telephone call rate).

3.4 Consumers have the right to withdraw from the purchase contract without giving a reason, at least within 14 days, starting no later than on the day the goods are received (or the last product, partial delivery, or last item in the case of a contract for several items ordered together, or delivery of goods in several partial deliveries or items). The Seller may provide a longer period. To meet the deadline, it is sufficient to send a notice concerning the exercise of the right to withdraw from the contract before this period expires.

3.5 Withdrawal form for the purchase contract. To exercise your right of withdrawal, you must notify us unambiguously by email, telephone or address, or by other means. You may use the attached model withdrawal form for the purchase contract for this purpose, but this is not mandatory.

3.6 When you cannot withdraw from the purchase contract. The customer has no right to withdraw from the following contracts:

3.6.1 concerning the delivery of goods that are modified and/or created according to the customer's wishes or for their use;

3.6.2 concerning the delivery of goods whose price depends on fluctuations in the financial markets, beyond our control, which may occur during the withdrawal period for the purchase contract;

3.6.3 concerning the delivery of goods liable to deteriorate rapidly, as well as goods that, after delivery, have been irreversibly mixed with other goods;

3.6.4 concerning the delivery of goods in sealed packaging that the consumer has removed from the packaging and which, for reasons of health protection or hygiene, is not suitable for return after the consumer has broken the seal, which also applies to audio or video recordings and computer programs if the customer has broken their original packaging;

3.6.5 for accommodation, transport of goods, vehicle rental, catering or leisure activities if the contract is to be performed on a specific date or during a specific period;

3.6.6 for the delivery of newspapers, periodicals or magazines, except for subscription contracts for their delivery;

3.6.7 for the provision of services if they have been provided in full; in the case of performance for payment, only if it began with the consumer's prior express consent before the expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that the right of withdrawal would be lost upon completion of the performance;

3.6.8 for urgent repairs or maintenance to be carried out at a location specified by the consumer at their express request; however, this does not apply to carrying out other repairs requested or supplying goods other than spare parts necessary to perform the repair or maintenance;

3.6.9 for the delivery of digital content, if it was not supplied on a tangible medium and was supplied with your prior express consent before the expiry of the withdrawal period for the purchase agreement, and we informed you before concluding the purchase agreement that in such a case you have no right to withdraw from the purchase agreement.

3.7 Value of the returned goods and related return costs. The direct costs of returning the goods are at your expense. If the value of the returned goods exceeds 40 EUR (excluding the delivery price), the seller bears the return costs.

3.8 Refund of the purchase price. In the event of withdrawal from the purchase agreement within the withdrawal period, we are obliged to refund the purchase price (excluding additional costs if you have chosen a type of delivery other than the cheapest standard delivery offered by the seller), using the same payment method as the one used to receive the payment, unless we agree otherwise, no later than 14 days from the time we receive the returned item or are reliably provided with proof that it has been sent. You will not be charged a fee for this refund. If we do not receive the goods back, we have the right not to refund the purchase price.

3.9 Address for sending the returned item. The return label is usually available in the consumer account at pelek-bg.com. If we have not provided a return label for the goods, please use the following address to send the goods: Kirilova 181, 739 21 Paskov. Please contact us at info@pelek.eu or by telephone at 601548120 to ensure your return rights and agree on an individual procedure.

3.10 Gift. If a gift is provided to the customer together with the goods, the gift agreement between us and the customer is concluded subject to the condition that if the customer or we withdraw from the purchase agreement, the gift agreement concerning such gift becomes void and the customer is obliged to return the provided gift to us together with the goods.

4. Procedure for concluding the purchase agreement

4.1 Creating an order. The customer may select one or more goods by adding them to the virtual shopping cart, where the customer can review the selected goods, change their quantity, or remove them from the cart. By pressing the “Checkout” button, the customer is prompted to enter delivery information and select a payment method. Before completing the order, the customer is allowed to review and change the information entered in the order, including the customer details. By clicking the “Order with obligation to pay” button, the ordering process is completed and a purchase contract is concluded.

4.2 Acceptance of the terms and conditions. By submitting the order, you confirm that you have read and agree to these terms and conditions and our policies for processing personal data.

4.3 Consent of the legal representative in the case of a minor customer. If a minor customer shops in our online store, this requires the prior consent of their legal representative.

4.4 Characteristics of the goods. Before completing the order, the customer must familiarize themselves with the characteristics, type, and recommended method of use of the goods. By placing the order, the customer confirms that they have familiarized themselves with this information and understand it.

4.5 Order confirmation. The seller confirms receipt of the customer's order by sending the customer an order confirmation by email. This order confirmation serves only to inform the customer that the order has been received and will be processed no later than within 2 business days of the customer placing the order. The purchase contract is already concluded when the button “Order with obligation to pay” is pressed.

4.6 Contract language. The contract language is Bulgarian.

4.7 Obligations arising from the purchase contract. By signing the purchase contract, we undertake to deliver the purchased goods to you and allow you to acquire ownership of the goods. By signing the purchase contract, you undertake to accept the goods and pay us the price of the goods.

4.8 Copy of the terms and conditions and the withdrawal form for the purchase contract. The customer receives a copy of the concluded purchase contract, i.e. the current text of these terms and conditions. The consumer customer also receives a withdrawal form for the purchase contract within the statutory period.

5. Price of the goods and payment methods

5.1 Price. All prices of the goods are stated in euros (EUR) and are stated inclusive of VAT.

5.2 Payment options. The payment methods for the price of the goods and any costs associated with delivery of the goods can also be found on the seller's description page. We reserve the right, in an individual case, not to offer the customer a particular payment method for the goods. The customer has the option:

5.2.1 PayPal (The customer is redirected to PayPal, where they pay the purchase price from their PayPal account and in accordance with PayPal's terms of use, available at https://www.paypal.com)

5.2.2 Payment by card

5.2.3 Payment by bank transfer or instant bank transfer

5.2.4 Apple Pay, Google Pay

5.3 Unrealistic price of the goods. In the event that an unrealistic price in the amount of EUR 0 or the display of a highly abnormal price, where an abnormal price is considered to be one below our purchase price, we reserve the right to remove this item from your offer to conclude a purchase agreement. You will be informed of this by email.

5.4 Invoice format. We have agreed that invoices will be sent electronically to your email address.

5.5 Full payment of the purchase price. We retain ownership of the goods until the purchase price has been paid in full in accordance with the relevant purchase agreement.

6. Delivery of the goods and place of performance

6.1 Delivery of the goods. The goods will be delivered within the delivery period specified for the relevant type of goods. We always undertake to deliver the goods no later than within 30 days. We will always inform you of any changes to the deadline

we will always inform you. In addition to the purchase price, you are obliged to pay us any costs associated with packing and delivery of the goods in the agreed amount, as well as a surcharge for the selected payment method. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods. Before the purchase agreement is concluded, you will be informed of the final price, including packing and transport costs.

6.2 Delivery address. The goods are delivered to the address specified by the customer in the order.

6.3 Delivery method. The customer may choose to have the goods delivered to any address specified in the order.

6.4 Repeat delivery and the related costs. If, for reasons attributable to you, the goods need to be delivered again or in another manner different from that specified in the order, you are obliged to cover the costs associated with the repeat delivery of the goods, or the costs associated with the other delivery method, respectively.

6.5 Receipt of the goods. Upon receipt of the goods by the customer, the risk of damage and accidental deterioration of the quality of the purchased goods passes to the customer. If the customer was supposed to receive the goods from the carrier, the risk passes

the risk of accidental destruction and accidental deterioration of the quality of the purchased goods passes to the customer when the customer is allowed to dispose of the goods, but not earlier than the stated delivery time.

6.6 Customer's obligation when accepting the goods. Upon accepting the goods, you are required to inspect them and verify their characteristics (in particular, whether you received the correct type of goods, whether the goods have the agreed quality, and whether their packaging contains everything that it should contain according to the manual). In the event of visible damage to the shipment caused by the carrier, the customer is required not to accept such a shipment from the carrier at all. We are not liable for damage caused by the carrier or for delayed delivery of the goods, regardless of the reason for the delay.

6.7 Loss that may arise for the seller if the goods are not accepted. If a consumer customer does not accept the goods upon delivery by the carrier, the goods are returned to the Seller, and at the same time the consumer customer does not withdraw from the purchase contract within 14 days after the unsuccessful delivery of the goods, the seller is entitled to claim from the customer the costs charged by the carrier for returning the goods to the seller. This cost constitutes a loss for the seller that arose due to the customer's breach of their legal obligations.

7. Rights arising from defective performance

7.1 Defective performance. This section of the General Terms and Conditions governs the rights and obligations when asserting rights arising from defective performance in the sale of goods between us as the seller and the customer as the buyer.

7.2 When to make a claim for defective goods. You are required to report defects in the goods (to make a claim) without undue delay after the defect occurs. Otherwise, the court will not recognize your rights based on defective performance. You have the right to report a defect that appears in consumer goods within 24 months of receiving those goods. This does not apply to goods for which a period during which the goods may be used is specified on the packaging, label, enclosed manual, or in advertising in accordance with other legal provisions. The provisions on quality guarantees (contractual guarantees) apply here.

7.3 What will happen after 24 months have expired? After 24 months have expired, you can no longer submit claims for defects in the product. If possible for the product in question, this period is extended by the time during which you were unable to use the product because it was undergoing a justified complaint procedure. Although we always try to process complaints to your satisfaction, some products must be handled in accordance with the instructions indicated on the packaging/label/information sheet - otherwise they may be damaged.

7.4 Contractual warranty. If a voluntary contractual warranty is provided for the product for a period longer than 24 months from receipt of the product, you may submit claims for defects in the product during that period. The period is extended by the time during which you were unable to use the product because it was undergoing a justified complaint procedure.

7.5 Presumption that the product is defective. If the defect becomes apparent within 12 months of receiving the product, it is presumed that the product was already defective upon receipt, unless we prove otherwise.

7.6 What defects are we not liable for? We are not liable for defects in the following cases: 7.6.1 if the product defect was present at the time of receipt and a discount from the purchase price was agreed for that defect,

7.6.2 the defect arose in the product due to wear and tear caused by ordinary use, or arises from the nature of the product,

7.6.3 was caused by you and arose as a result of improper storage, improper maintenance, your intervention or mechanical damage, all under conditions that do not comply with the temperature, dustiness, humidity and other environmental influences specified by us or the manufacturer (usually on the product leaflet/label), or arising from legal provisions,

7.6.4 a product that has been modified by the customer and the defect arose as a result of this modification,

7.6.5 use of the product in conditions that do not comply with the temperature, dustiness, humidity, chemical and mechanical environmental influences specified by the seller or manufacturer, or arising from legal provisions,

7.6.6 the defect arose as a result of an external event beyond our control (for example, a natural disaster).

7.7 What must I do to exercise my right to make a complaint? To exercise your rights regarding defects in the goods, contact us through your user account at pelek-bg.com, based on which we will contact you and agree on the next steps. You can also contact us directly at our email address.

7.8 Confirmation of receipt of the complaint. After sending a message exercising your right to make a complaint, we will contact you within 2 business days. The complaint is considered to have been made at the moment we receive the information required to exercise the complaint regarding the goods.

7.9 Returning the complaint about the goods to the seller. The goods must be returned as a complete set, intact (except for the defect complained of), ideally in the original intact packaging, so that we can comply with the principles of proper hygiene practice. We will collect the goods at our expense to remedy the defect. We will contact you to agree on the next steps.

7.10 Confirmation. After receiving the complaint about the goods, a confirmation of receipt of the complaint and its contents will be sent to the email address you provided.

8. Methods for resolving and terminating the complaint

8.1 What will affect my options. You have the right to request removal of the defect that has arisen. Depending on your choice, you may choose:

8.1.1 repair of the product; 8.1.2 delivery of a new product; or

8.1.3 delivery of the missing part.

Your request should not be unreasonable. If repairing the product would cause us significant difficulties or would not be a reasonable request in view of the value of the product and the significance of the defect, we will notify you. We will proceed in the same way if we assess your request for delivery of a new product as unreasonable in view of the defect or value of the product.

8.2 If it concerns a material breach of the purchase contract. If the defect constitutes a material breach of the purchase contract, you will have the right to withdraw from the purchase contract or to request a reasonable reduction in the purchase price of the product.

8.3 When will it be possible to request a refund of the purchase price? In some situations, it will be possible to withdraw from the purchase contract and request a refund of the purchase price. This will not be possible if the product defect is not significant. What are the situations in which you can withdraw from the purchase contract and request a refund of the purchase price:

8.3.1 we refuse to remedy the product defect or have not remedied it within a reasonable period;

8.3.2 it is obvious from our statement or another circumstance that the defect will not be remedied within a reasonable period or without significant difficulty for the buyer;

8.3.3 the product defect recurs; or

8.3.4 it concerns a material breach of the purchase contract.

8.4 When will you be able to request a reasonable reduction in the product purchase price? In some situations, you will be able to request a reasonable reduction in the purchase price. This will not be possible if the product defect is not significant. What are the situations in which you can request a reasonable reduction in the purchase price?

8.4.1 we refuse to remedy the product defect or have not remedied it within a reasonable period;

8.4.2 it is obvious from our statement or another circumstance that the defect will not be remedied within a reasonable period or without significant difficulty for the buyer;

8.4.3 the product defect recurs; or

8.4.4 it concerns a material breach of the purchase contract.

8.5 You notify us of how the claim is to be handled. You are required to notify us which right arising from defective performance you have chosen, either when notifying us of the defect or without undue delay after notifying us of the defect. You may not change your choice without our consent; this does not apply if you requested repair of the defect and the defect proves to be irreparable.

8.6 Return of the original product. When processing a claim involving delivery of a new product, you are required to return the product originally delivered (unless we agree otherwise). The customer may not demand delivery of a new product (and may not withdraw from the purchase contract) if they cannot return the product in the condition in which they received it. This does not apply if you used the product before discovering the defect or if its condition changed when the defect was identified. This also applies if, through no fault of your own, the product cannot be returned to its original condition.

8.7 When will the claims process be completed? The claims process will be completed within 3 weeks of exercising the right due to defects, unless we agree otherwise.

8.8 Completion of the complaint. If the carrier sends us the complaint concerning the goods, after it has been processed, the goods will automatically be sent to your address together with confirmation of the date and method of processing the complaint, including confirmation that the defect has been remedied and the duration of the complaint process, and, where necessary, reasons for rejecting the complaint.

8.9 Obligation upon accepting a complaint. You are obliged to check the completeness of the complaint upon acceptance, particularly that the shipment containing the goods includes everything it should contain. Subsequent objections will not be taken into account.

9. Personal data protection

9.1 Principles of personal data processing. More information about what personal data we process, how we process it, for what purposes and for how long it is processed can be found in our principles of personal data processing.

10. Force majeure

10.1 What constitutes force majeure. For the purposes of these Terms and Conditions, force majeure means any impediment that has arisen independently of our will and prevents us from fulfilling our obligation, provided that it cannot reasonably be assumed that we could have prevented, overcome or foreseen the impediment or its consequences. Effects excluding

liability is limited only to the period during which the impediment associated with these effects continues.

11. Alternative dispute resolution

11.1 Out-of-court dispute resolution. The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs, is competent to resolve consumer disputes arising from a purchase agreement out of court. The online dispute resolution platform available at https://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the customer arising from the purchase agreement.

11.2 European Consumer Centre Czech Republic. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: https://evropskyspotrebitel.cz is the contact point pursuant to 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 (Regulation on online dispute resolution for consumer disputes).

11.3 Complaints. Before initiating out-of-court dispute resolution, we recommend contacting us at info@pelek.eu. We always first try to resolve the dispute amicably. Your complaints

shall be processed within 2 business days at the latest (48 hours; this period may be extended by public holidays and days off that are customary in the Czech Republic).

12. Final provisions, including applicable law and jurisdiction

12.1 Obligation to respect consumer rights. If a provision of these GTC conflicts with statutory consumer protection provisions, the law shall prevail and we undertake to comply with it.

12.2 Invalid or ineffective provision of the GTC. If any provision of the GTC is or becomes invalid or ineffective, it shall be replaced by provisions whose meaning most closely approximates that of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

12.3 Applicable law. Where an international element is present, we agree that our legal relationship shall be governed by the law of the Czech Republic, excluding all conflict-of-law provisions referring to another legal system. However, this choice of law must not deprive the consumer of the protection afforded by the provisions of the law of the country of their habitual residence. The contracting parties expressly agree to exclude the application of the UN Convention on Contracts for the International Sale of Goods. Pursuant to Article 6(2) of the Rome I Regulation, mandatory provisions of the law that would apply in the absence of this clause shall always apply.

12.4 Disputes and jurisdiction. The contracting parties further agree that, for the resolution of any disputes arising from the purchase contract where an international element is present, the courts with local jurisdiction shall always be those determined by the location of our registered office. This does not affect consumer rights under special legal provisions.

12.5 If we agree on different terms for concluding a purchase contract. The provisions of the GTC form an integral part of the purchase contract. Provisions differing from the GTC may be agreed in the purchase contract. Different agreements in the purchase contract take precedence over the provisions of the GTC.

12.6 Requirement to read the GTC in order to conclude a purchase contract. Reading these GTC is voluntary; however, unfortunately, a purchase contract cannot be concluded without reading them.

12.7 Validity of the General Terms and Conditions. These GTC are valid from 01.01.2024 and invalidate the previous commercial terms and conditions

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