General terms and conditions

PELEK Distribution s.r.o. за продажба на стоки чрез интернет магазин, разположен на pelek.eu с наименование 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 case of insufficient performance
Methods for handling and resolving complaints
Personal data protection
Force majeure
Alternative dispute resolution
Final section, including applicable law and judicial jurisdiction

1. Contact information

1.1 Operator of the online store:

PELEK Distribution s.r.o.

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

Company ID: 26719941

VAT number: CZ26719941

Authorized representative: Sergiy Krivuliya

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

Address of the premises: Petřská nám 2, 11000 Prague,

(hereinafter referred to as "seller" or "we")

Phone: +420774242766

Email: shop@pelek.eu

Customer service: We provide customer support for our clients at the specified phone number and email on working days from 9:00 to 17:00.

2. Basic concepts

2.1 These general terms and conditions (hereinafter referred to as "GTC") of the seller regulate the mutual rights and obligations of the parties to the contract arising in connection with or based on the purchase contract (hereinafter referred to as "purchase contract")

сключвани между нас и потребителите или предприемачите (наричани по-долу „клиент“ или „вие“) чрез PELEK Distribution s.r.o. на pelek.eu.

2.2 Интернет магазин. Интернет магазинът на продавача (наричан по-долу „интернет магазин“) се управлява на уебсайта pelek.eu PELEK Distribution s.r.o.

2.3 Какво можете да закупите от нас? В нашия интернет магазин PELEK Distribution s.r.o. можете да закупите стоки, които предлагаме и предлагаме. Ако на стоката се предлага, тогава и лиценз за ползване.

2.4 Who is considered a consumer? A consumer is any natural person who, outside the scope of their commercial activity or outside the scope of independently practicing their profession, concludes a purchase contract with us or otherwise acts legally (hereinafter referred to as "consumer"). The online store is intended only for customers who are consumers. Sales to companies are not possible.

2.5 Goods with digital content. For contracts for the supply of goods with digital content, these Terms and Conditions apply accordingly, unless otherwise stated. Digital content means data created and provided in digital form.

2.6 Goods with digital elements. For contracts for the supply of physical data carriers that serve exclusively as carriers of digital content, these Terms and Conditions apply accordingly, unless otherwise stated. Digital content means data created and provided in digital form.

2.7 Return acceptance of electrical appliances. In view of the obligations imposed in § 38 of Act 185/2001 on waste, as amended by later provisions, we inform customers that old electrical appliances can be handed over free of charge for disposal at the address: 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 based on a trade license. Commercial control is carried out within its competence by the relevant trade office. Personal data control is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, to a certain extent, among other things, supervision over compliance with Act No. 634/1992 Coll., on consumer protection.

3.2 Illustrative nature. The photos 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 on our phone number, you will only pay your usual telephone call rate).

3.4 Users have the right to withdraw from the purchase contract without giving any reason, for at least 14 days, which starts no later than the day of receipt of the goods (or the last product, partial delivery, or the last item in the case of a contract for multiple items from one order, or delivery of goods in several partial deliveries or quantities). The seller may provide a longer period. To meet the deadline, it is sufficient to send a message regarding the exercise of the right of withdrawal before the expiry of this period.

3.5 Withdrawal form for the purchase contract. To exercise your right of withdrawal, you must do so unambiguously by email, phone, or address, or by other means. You can use the attached model withdrawal form, but this is not obligatory.

3.6 When you do not have the right to withdraw from the purchase contract. The customer does not have the right to withdraw from the following contracts:

3.6.1 concerning the delivery of goods that are modified and/or created at the customer's request or for their person;

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

3.6.3 concerning the delivery of goods liable to rapid deterioration, as well as goods that after delivery are irreversibly mixed with other goods;

3.6.4 concerning the delivery of goods in a sealed package which the consumer has removed from the packaging and due to health protection or hygiene reasons is not suitable to be returned after being opened by the consumer, 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 services, if they must be performed on a specific date or within a specific period under the contract;

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

3.6.7 for the provision of services, if they have been fully provided; in the case of performance against payment, only if it has started with the user's prior explicit consent before the expiration of the withdrawal period and the entrepreneur has informed the user before concluding the contract that the right of withdrawal disappears with the provision of the performance;

3.6.8 for urgent repair or maintenance that must be carried out at a place designated by the user at their explicit request; however, this does not apply to the performance of other requested repairs or the delivery of other goods different from spare parts necessary for the repair or maintenance;

3.6.9 for the delivery of digital content, if it was not delivered on a tangible medium and was delivered with your prior explicit consent before the expiration of the withdrawal period from the purchase contract and we informed you before concluding the purchase contract that in such a case you do not have the right to withdraw from the purchase contract.

3.7 Value of the returned goods and related costs for returning the goods. The direct costs of returning the goods are at your expense. If the value of the returned goods exceeds 990 Kč (990.01 Kč excluding the delivery price), the return costs are borne by the seller.

3.8 Refund of the purchase price. In case of withdrawal from the purchase contract within the withdrawal period, we are obliged to refund you the purchase price (except for additional costs if you have chosen a delivery method other than the cheapest standard delivery offered by the seller), using the same payment method as when receiving the money, unless otherwise agreed, no later than 14 days from the moment we receive the returned item or it is reliably proven to us that it has been sent. No fee will be charged 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 user account on pelek.eu. 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 the email address shop@pelek.eu or by phone at 601548120 to ensure your rights for returning the goods and to arrange an individual procedure.

3.10 Gift. If a gift is provided together with the customer's goods, the donation contract between us and the customer is concluded with a condition for termination, meaning that if the customer or we on our side withdraw from the purchase contract, the donation contract regarding such a gift becomes void and the customer is obliged to return the provided gift along with the goods.

4. Process of concluding the purchase contract

4.1 Order creation. The customer can select one or more products by adding them to the virtual shopping cart, where the customer can review the selected products, change their quantity, or remove them from the cart. By clicking the "Checkout" button, the customer is invited to enter delivery information and choose a payment method. Before completing the order, the customer is allowed to review and modify the data entered in the order, including customer details. By clicking the "Order, binding for payment" button, the ordering process is completed and a purchase contract is concluded.

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

4.3 Consent of the legal representative for a minor customer. If a minor customer shops in our online store, prior consent from their legal representative is required.

4.4 Product characteristics. The customer is obliged before completing the order to familiarize themselves with the characteristics, type, and recommended use of the goods. By placing the order, the customer confirms that they have read and understood this information.

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 working days from the customer's order placement. The purchase contract is concluded at the moment the button "Order, binding for payment" is pressed.

4.6 Contract language. The contract language is Czech.

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

4.8 Copy of the terms and conditions and the withdrawal form from 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 from the purchase contract within the legal deadline.

5. Price of goods and payment methods

5.1 Price. All product prices are listed in Czech crowns (Kč) and include VAT.

5.2 Payment options. You can find the payment methods for the price of the goods and any related delivery costs on the seller's description page. We reserve the right not to offer partial payment methods to the customer in individual cases. 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 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 case of displaying an unrealistic price of 0 Kč or a very abnormal price, where an abnormal price is considered one below our purchase price, we reserve the right to remove this item from your purchase contract offer. You will be informed about this via your email.

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

5.5 Full payment of the purchase price. We reserve ownership rights over the goods until full payment of the purchase price according to the respective purchase contract.

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 respective type of goods. We always commit to delivering the goods no later than 30 days. For any changes in the delivery period

We will always inform you about the delivery. Along with the purchase price, you are obliged to pay us any costs related to the packaging and delivery of the goods in the agreed amount, as well as a surcharge for the chosen payment method. Unless otherwise explicitly stated, the purchase price also includes the costs related to the delivery of the goods. Before concluding the purchase contract, you will be informed of the final price, including packaging and transportation costs.

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

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

6.4 Repeated delivery and related costs. In case the goods need to be delivered again or in a different way than specified in the order due to reasons on your part, you are obliged to cover the costs related to the repeated delivery of the goods or the costs related to the alternative delivery method.

6.5 Receipt of the goods. From the moment the goods are received 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 at the moment they are allowed to dispose of the goods, but not earlier than the specified delivery time.

6.6 Customer's obligation when accepting the goods. When accepting the goods, you are obliged to check them and ensure their characteristics (especially whether you have received the correct type of goods, whether the goods have the agreed quality, whether the goods in their packaging contain everything that according to the manual should be included). In case of visible damage to the shipment by the carrier, the customer is obliged not to accept such a shipment from the carrier at all. We are not responsible for damages caused by the carrier or for delayed delivery of the goods, regardless of the reason for the delay.

6.7 Damage that may occur to the seller if the goods are not accepted. If the customer consumer does not accept the goods upon delivery by the carrier, the goods are returned to the Seller and at the same time the customer consumer does not withdraw from the purchase contract within 14 days after the unsuccessful delivery of the goods, the seller has the right to claim from the customer the costs charged by the carrier for returning the goods to the seller. This cost represents damage to the seller caused by the customer's breach of legal obligations.

7. Rights from defective performance

7.1 Defective performance. This part of the General Terms and Conditions applies to regulating the rights and obligations when asserting rights from defective performance in the sale of goods between us as the seller and the customer as the buyer.

7.2 When to file a complaint for defective goods. You are required to report any defects in the goods (to reklamirate them) without undue delay after the defect appears. Otherwise, the court will not recognize your right based on defective performance. You have the right to report a defect that appears in consumer goods, within 24 months from the receipt of these goods. This does not apply to goods for which the packaging, label, included manual, or advertisement specifies a period during which the goods can be used in accordance with other legal provisions. The provisions for quality warranty (contractual warranty) apply here.

7.3 What happens after 24 months? After 24 months, you can no longer make claims for defects in the goods. If possible for the given goods, this period is extended by the time during which you could not use the goods because they were under a justified claim process. Although we try to handle claims always in accordance with your satisfaction, some goods must be handled according to the instructions indicated on the packaging/label/information sheet – otherwise they may be damaged.

7.4 Contractual warranty. If a voluntary contractual warranty is guaranteed for the product for a period longer than 24 months from the receipt of the goods, you will be able to make claims for defects in the goods during this period. The period is extended by the time during which you could not use the goods because they were under a justified claim process.

7.5 Presumption that the goods are defective. If the defect appears within 12 months of receiving the goods, it is assumed that the goods were defective at the time of receipt, unless we prove otherwise.

7.6 What defects are we not responsible for? We are not responsible for defects in the following cases: 7.6.1 if the defect of the goods is present at the time of receipt and a discount on the purchase price has been agreed for such a defect,

7.6.2 the defect occurred in the goods due to wear caused by normal use, or arises from the nature of the goods,

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

7.6.4 goods that have been altered by the customer and the defect resulted from this alteration,

7.6.5 use of the goods under conditions that do not comply with the temperature, dustiness, humidity, chemical and mechanical influences of the environment, as specified by the seller or manufacturer, or arising from legal regulations,

7.6.6 the defect occurred as a result of an external event beyond our control (e.g., natural disaster).

7.7 What do I need to do to exercise my right to complain? To exercise your rights regarding defects in the goods, contact us through your user account on pelek.eu, 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 complain, we will contact you within 2 working days. The moment of exercising the complaint is considered the moment we receive the data for exercising the complaint about the goods.

7.9 Returning the goods complaint to the seller. The goods must be returned complete, intact (except for the complaint), ideally in the original undamaged packaging, so that we can comply with proper hygiene practices. We will cover the cost of taking the goods to fix 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 and its content will be sent to the email address you provided.

8. Ways to resolve and terminate the complaint

8.1 What will affect my options. You have the right to request removal of the defect. Depending on your choice, you can select:

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

8.1.3 delivery of a missing part.

Your request should not be unreasonable. If repairing the product causes us significant difficulties or is unreasonable considering the product's value and the defect's significance, we will inform you. We will act similarly if we consider your request for delivery of a new product unreasonable given the defect or the product's value.

8.2 If it concerns a material breach of the purchase agreement. If the defect constitutes a material breach of the purchase agreement, you will have the right to withdraw from the purchase agreement or to request a reasonable discount on 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 cancel 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 cancel 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 this defect within a reasonable time;

8.3.2 from our statement or other circumstances it will be obvious that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer;

8.3.3 the product defect recurs; or

8.3.4 there is a material breach of the purchase contract.

8.4 When will it be possible to request a reasonable discount on the purchase price of the product? In some situations, you will be able to request a reasonable discount on 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 discount on the purchase price?

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

8.4.2 from our statement or other circumstances it will be obvious that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer;

8.4.3 the product defect recurs; or

8.4.4 there is a material breach of the purchase contract.

8.5 You notify us of the method of handling the complaint. You are obliged to inform us which right arising from defective performance you have chosen, either when notifying the defect or without undue delay after notification of the defect. The choice made cannot be changed without our consent; this does not apply if you request repair of a defect that turns out to be irreparable.

8.6 Return of the original product. When processing a complaint with delivery of a new product, you are obliged to return the originally delivered product (unless otherwise agreed). Delivery of a new product cannot be demanded by the customer (and the purchase contract cannot be canceled) if the product cannot be returned in the condition in which it was received. This does not apply if you used the product before discovering the defect or if there was a change in condition when the defect was found. Also, in case the product cannot be returned in its original condition without your fault.

8.7 When will the complaint process be completed? The complaint process is completed within a period of 3 weeks from exercising the right due to defects, unless otherwise agreed.

8.8 Completion of the complaint. If the complaint about the goods is sent to us by the carrier, after processing it will automatically be sent to your address along with confirmation of the date and method of complaint processing, including confirmation of correction and the duration of the complaint, and if necessary, justification for rejecting the complaint.

8.9 Obligation when accepting a complaint. You have the obligation to check the completeness of the complaint upon acceptance, especially that the shipment with the goods contains everything it should. Later objections will not be considered.

9. Personal data protection

9.1 Principles of personal data processing. More information about what personal data we process, how, for what purpose, and for what period can be found in our principles of personal data processing.

10. Force majeure

10.1 What is force majeure. For the purposes of these Terms and Conditions, force majeure means any obstacle that has arisen independently of our will and prevents us from fulfilling our obligation, if it cannot reasonably be assumed that we can prevent, overcome, or foresee this obstacle or its consequences. The effects excluding

liability is limited only to the period during which the obstacle causing these effects continues.

11. Alternative dispute resolution

11.1 Out-of-court dispute resolution. For out-of-court resolution of consumer disputes arising from a purchase contract, the competent authority is the Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform, available at the website https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the customer arising from the purchase contract.

11.2 European Consumer Centre CZ. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: https://evropskyspotrebitel.cz is a contact point under the Regulation of the European Parliament and of the Council (EU) No 524/2013 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 starting out-of-court dispute resolution, we recommend contacting our email address shop@pelek.eu. We always first try to resolve the dispute amicably. Your complaints

will be processed no later than within 2 working days (48 hours, this period may be extended by rest days and public holidays customary in the Czech Republic).

12. Final section, including applicable law and jurisdiction

12.1 Obligation to respect consumer rights. If any provision of these Terms and Conditions conflicts with legal consumer protection provisions, the law takes precedence and we commit to comply with it.

12.2 Invalid or ineffective provision of the Terms and Conditions. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, provisions whose meaning most closely approximates the invalid provision shall apply instead. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

12.3 Governing law. In the case of an international element, we agree that our legal relationship will 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 provided by the laws of the country of their habitual residence. The contracting parties agree to expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. According to Article 6, paragraph 2 of Regulation Rome I, mandatory provisions of law that would apply without this clause always apply.

12.4 Disputes and jurisdiction. The contracting parties further agree that for resolving any disputes arising from the purchase contract involving an international element, the locally competent courts at the location of our registered office will always have jurisdiction. This does not affect the rights of consumers under special legal provisions.

12.5 If different terms are agreed upon for concluding a purchase contract. The provisions of the Terms and Conditions are an integral part of the purchase contract. Provisions different from the Terms and Conditions may be agreed upon in the purchase contract. Different agreements in the purchase contract take precedence over the provisions of the Terms and Conditions.

12.6 Requirement to read the Terms and Conditions before concluding a purchase contract. Reading these Terms and Conditions is voluntary; however, unfortunately, a purchase contract cannot be concluded without reading them.

12.7 Validity of the Terms and Conditions. These Terms and Conditions are valid from 01.01.2024 and override the validity of previous commercial terms.

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