General terms and conditions
Principal Elektrik s.r.o. for the sale of goods through the online store located at pelek.eu under the name Principal Elektrik s.r.o.
Content
- 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 processing and concluding complaints
- Data protection
- Force majeure
- Alternative dispute resolution
- Final provisions, including applicable law and jurisdiction
1. Contact information
1.1 Operator of the online store:
Principal Elektrik s.r.o.
Headquarters: Osadni 869/32, 17000 Prague, Czech Republic
UIC: 03402614
VAT number: CZ03402614
Authorized representative: Serhiy Kryvuliya
Commercial court / commercial register: Local court in Prague Registration number: 231166
Address of the establishment: Petrská nam 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 AM to 5:00 PM.
2. Basic concepts
2.1 These general terms and conditions (hereinafter referred to as "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 "purchase contract")
concluded between us and consumers or entrepreneurs (hereinafter referred to as "customer" or "you") through Principal Elektrik s.r.o. on pelek.eu.
2.2 Online store. The seller's online store (hereinafter referred to as "online store") is operated on the website pelek.eu Principal Elektrik s.r.o.
2.3 What can you purchase from us? In our online store Principal Elektrik s.r.o. you can purchase goods that we offer and provide. If a license for use is offered with the goods, then it is included.
2.4 Who is considered a consumer? A consumer is any natural person who, outside the scope of their business activity or outside the scope of the independent exercise of their profession, enters into 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 delivery of goods with digital content, these GTC 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 delivery of physical data carriers that serve exclusively as carriers of digital content, these GTC apply accordingly, unless otherwise stated. Digital content means data created and provided in digital form.
2.7 Reverse collection of electrical appliances. In accordance with the obligations imposed in § 38 of Act 185/2001 on waste, as amended by subsequent regulations, we inform customers that old electrical appliances can be handed over for disposal free of charge at: Kirilova 181, 739 21 Paskov, .
3. Messages to customers before concluding the purchase contract
3.1 Powers of the seller and control authorities. We are authorized to sell goods based on a commercial activity license. Commercial control is carried out within its competence by the relevant commercial office. Control over personal data is carried out by the Office for Personal Data Protection. The Czech Trade Inspection supervises, among other things, 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 at our phone number, you will only pay your usual rate for a phone call).
3.4 Consumers have the right to withdraw from the purchase contract without stating a reason, for at least a period of 14 days, which starts to run 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 several items from one order, or delivery of goods in several partial deliveries or items). The seller may provide a longer period. To comply with the deadline, it is sufficient to send a message regarding the exercise of the right to withdraw from the contract before the expiration of this period.
3.5 Withdrawal form for the purchase contract. To exercise your right to withdraw from the contract, you must do so in an unambiguous manner, to our email, phone, or address, or in another way. You can use the attached sample withdrawal form for the purchase contract, but this is not your obligation.
3.6 When you do not have the possibility to withdraw from the purchase contract. The customer has no right to withdraw from the following contracts:
3.6.1 regarding the delivery of goods that are modified and/or created at the request of the customer or for their benefit;
3.6.2 regarding the delivery of goods whose price depends on fluctuations in financial markets, independent of our will, which may occur during the withdrawal period from the purchase contract;
3.6.3 regarding the delivery of goods subject to rapid spoilage, as well as goods that after delivery are irrevocably mixed with another good;
3.6.4 regarding the delivery of goods in sealed packaging, which the consumer has removed from the packaging and for reasons of health protection or hygiene is not suitable for return after it has been 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, rental of a vehicle, meals, or use of leisure time, if it is to be performed under the contract on a specific date or within a specific period;
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 provided in full; in the case of performance for payment, only if it has started with the prior explicit consent of the consumer before the expiration of the withdrawal period of the contract and the entrepreneur has informed the consumer before concluding the contract that with the provision of the performance the right to withdraw from the contract disappears;
3.6.8 for urgent repair or maintenance that must be carried out at a location specified by the consumer at their explicit request; however, this does not apply to the performance of other requested repairs or the delivery of other goods, other than spare parts necessary for the repair or maintenance;
3.6.9 for the delivery of digital content, if it has not been delivered on a tangible medium and has been delivered with your prior explicit consent before the expiration of the withdrawal period of the purchase contract and we have 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 The value of the returned goods and the associated return costs. The direct costs of returning the goods are your responsibility. If the value of the returned goods exceeds 990 Kč (990.01 Kč excluding the delivery cost), the return costs are borne by the seller.
3.8 Return of the purchase price. In case of withdrawal from the purchase contract within the withdrawal period, we are obliged to return the purchase price to you (excluding additional costs if you have chosen a different type of delivery than the cheapest standard delivery offered by the seller), and this will be done using the same payment method as when the money was received, unless we agree otherwise, no later than 14 days from the moment we receive the returned item or we are reliably informed of its dispatch. You will not be charged a fee for this refund. If we do not receive the goods back, we have the right not to return the purchase price.
3.9 Address for sending the returned item. The return label is usually available in the user account at pelek.eu. If we have not provided a return label for the goods, please use this address for sending the goods: Kirilova 181, 739 21 Paskov. Please contact us at the email address shop@pelek.eu or at the phone number 601548120 to ensure your rights for returning the goods and to arrange an individual procedure.
3.10 Gift. If a gift is provided along with the customer's goods, the donation contract between us and the customer is concluded with the condition of cancellation, that if the customer or we 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 Creating an order. The customer can 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 invited to enter delivery information and choose a payment method. Before completing the order, the customer is allowed to check and change the information they have entered in the order, including customer data. By clicking the “Order, obligating for payment” button, the ordering process is completed and a purchase contract is concluded.
4.2 Agreement with the general terms. By sending the order, you confirm that you have familiarized yourself with and agree to these general terms 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, this requires prior consent from their legal representative.
4.4 Product characteristics. The customer is obliged to familiarize themselves with the characteristics, type, and recommended method of use of the goods before completing the order. By placing the order, the customer confirms that they have familiarized themselves with this information and that they understand it.
4.5 Order confirmation. The seller confirms the receipt of the customer's order by sending an order confirmation to the customer via 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. The purchase contract is concluded at the moment the button “Order, obligating 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 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 general 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 general terms and conditions. The consumer customer also receives a withdrawal form from 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 Czech crowns (Kč) and are stated including VAT.
5.2 Payment options. The methods of payment for the price of the goods and any potential costs related to the delivery of the goods can also be found on the seller's description page. We reserve the right in a separate case not to offer a partial payment method for the goods to the customer. 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 the terms of use of PayPal, 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 displaying a very abnormal price, where the abnormal price is considered to be one that is below our purchase price, we reserve the right to remove this item from your proposal to conclude a purchase contract. You will be informed about this at your email.
5.4 Invoice format. We have agreed that invoices will be sent electronically to your email.
5.5 Full payment of the purchase price. We reserve the right of ownership over the goods until the 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 are always committed 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 potential 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 explicitly stated otherwise, the purchase price also includes the costs related to the delivery of the goods. Before concluding the purchase contract, you will be informed about the final price, including the costs for packaging and transport.
6.2 Delivery address. The goods are delivered to the address specified by the customer in the order.
6.3 Method of delivery. The customer may choose the method of delivery of the goods to any address specified in the order.
6.4 Redelivery and associated costs. In case it is necessary for the goods to be delivered again or in a manner different from that specified in the order due to reasons on your part, you are obliged to cover the costs associated with the redelivery of the goods, respectively the costs associated with another method of delivery.
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, it passes
the risk of accidental destruction and accidental deterioration of the quality of the purchased goods falls on the customer at the moment when they are allowed to dispose of the goods, but not earlier than the specified delivery time.
6.6 Customer's obligation upon acceptance of the goods. Upon acceptance of 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 they should contain). In case of visible damage to the shipment from 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 arise for the seller in case of non-acceptance of the goods. If the consumer customer does not accept the goods upon delivery from 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 has the right to claim from the customer the costs incurred by the carrier for returning the goods to the seller. This cost represents damage to the seller that has arisen due to the violation of the customer's legal obligations.
7. Rights from defective performance
7.1 Defective performance. This part of the General Terms and Conditions applies to the regulation of 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 make a claim for defective goods. You are obliged to report the defects of the goods (to reklamirate) without unnecessary 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 a period is specified on the packaging, label, in the attached manual, or in advertising in accordance with other legal provisions, during which the goods may be used. The provisions for quality warranty (contractual warranty) apply here.
7.3 What will happen 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 in the process of a justified claim. Although we try to process claims always in accordance with your satisfaction, some goods must be handled in accordance with the instructions specified on the packaging/label/information sheet – otherwise they may be damaged.
7.4 Contractual warranty. If a voluntary contractual warranty is guaranteed 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 in the process of a justified claim.
7.5 Assumption that the goods are defective. If the defect appears within 12 months from the receipt of the goods, it is considered that the goods were defective at the time of receipt, unless we prove otherwise.
7.6 For what defects are we not responsible? We are not responsible for defects in these cases: 7.6.1 if the defect in 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 has occurred in the goods due to wear and tear caused by normal use, or arises from the nature of the goods,
7.6.3 is caused by you and has arisen as a result of improper storage, improper maintenance, your intervention or mechanical damage, all of this in conditions that do not meet the temperature, dust, humidity, and other environmental influences and is thus determined by us or the manufacturer (usually on the leaflet/label of the goods), or arises from legal provisions,
7.6.4 goods that have been altered by the customer and the defect has arisen as a result of this alteration,
7.6.5 the use of the goods in conditions that do not meet the temperature, dust, humidity, chemical and mechanical influences of the environment, which are specified by the seller or manufacturer, or arise from legal provisions,
7.6.6 the defect has occurred as a result of an external event beyond our control (for example, a natural disaster).
7.7 What should I do to exercise my right to complain? In order to exercise your rights regarding defects in the goods, contact us through your user account on pelek.eu, based on which we will get in touch with 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 to exercise your right to complain, we will contact you within 2 working days. The moment of exercising the complaint is considered to be the moment we receive the data for exercising the complaint about the goods.
7.9 Return of the complaint about the goods to the seller. The goods must be returned complete, intact (except for the complaint), ideally in the original intact packaging, so that we can adhere to the principles of proper hygiene practice. We will cover the cost of removing 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 the receipt of the complaint 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 missing part.
Your request should not be unreasonable. If repairing the product poses significant difficulties for us or is an unreasonable request considering the value of the product and the significance of the defect, we will inform you. Similarly, we will act if we assess your request for the delivery of a new product as unreasonable considering the defect of the product or the value of the product.
8.2 If it concerns a substantial breach of the purchase contract. If the defect constitutes a substantial breach of the purchase contract, you will have the right to withdraw from the purchase contract 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 withdraw from the purchase contract and request a refund of the purchase price. This will not be possible in a situation where the defect of the product is not significant. What will be 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 defect of the product or we have not remedied this defect within a reasonable time;
8.3.2 from our statement or from another circumstance, it will be obvious that the defect will not be remedied within a reasonable time or without significant difficulties for the buyer;
8.3.3 the defect of the product reappears; or
8.3.4 it concerns a substantial 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 in a situation where the defect of the product is not significant. What will be the situations in which you can request a reasonable discount on the purchase price?
8.4.1 we refuse to remedy the defect of the product or we have not remedied this defect within a reasonable time;
8.4.2 from our statement or from another circumstance, it will be obvious that the defect will not be remedied within a reasonable time or without significant difficulties for the buyer;
8.4.3 the defect of the product reappears; or
8.4.4 it concerns a substantial breach of the purchase contract.
8.5 You notify us of how the complaint will be processed. You have the obligation to inform us which right due to defective performance you have chosen, and this must be done when notifying about the defect or without unnecessary delay after notifying about the defect. The choice made cannot be changed without our consent; this does not apply if you request a repair of the defect that turns out to be irreparable.
8.6 Return of the original product. When processing a complaint with the delivery of a new product, you are obliged to return the originally delivered product (unless we agree otherwise). The delivery of a new product cannot be requested 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 have used the product before discovering the defect or if there has been a change in condition upon establishing the defect. Also, in case the product cannot be returned to its original condition without your fault.
8.7 When will the complaint process be completed? The complaint process is completed within 3 weeks from exercising the right due to defects, unless we agree otherwise.
8.8 Completion of the complaint. If the complaint about the goods is sent to us by the carrier, after its processing it will automatically be sent to your address along with confirmation of the date and method of processing the complaint, including confirmation of the correction made and the duration of the complaint, if necessary justification for the rejection of the complaint.
8.9 Obligation upon acceptance of a complaint. You have the obligation upon acceptance to check the completeness of the complaint, especially that the shipment with the goods contains everything it should contain. Later objections will not be taken into account.
9. Data protection
9.1 Principles of personal data processing. More information about what personal data we process, in what way, for what purpose, and for what period is processed can be found in our principles of personal data processing.
10. Force majeure
10.1 What is force majeure. For force majeure for the purposes of these GTC, any obstacle that has arisen independently of our will and prevents us from fulfilling our obligation is considered, if it cannot reasonably be assumed that we can prevent, overcome, or foresee this obstacle or its consequences. Effects excluding
liability is limited only for the period during which the obstacle related to these effects continues.
11. Alternative dispute resolution
11.1 Extrajudicial dispute resolution. For extrajudicial resolution of consumer disputes from a purchase contract, the Czech Trade Inspection Authority is competent, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform, located at https://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the customer from the purchase contract.
11.2 European Consumer Centre CR. European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: https://evropskyspotrebitel.cz is a contact point according to the Regulation of the European Parliament and of the Council (EU) No 524/2013 of 21 May 2013 on online dispute resolution for consumers and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (regulation on online consumer dispute resolution).
11.3 Complaints. Before you start extrajudicial dispute resolution, we recommend that you contact our email address shop@pelek.eu. We always try to resolve the dispute peacefully first. Your complaints
will be processed no later than within 2 working days (48 hours; this period may be extended by days off and public holidays 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 Terms and Conditions contradicts the legal provisions for consumer protection, the law takes precedence, and we are obliged 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, instead of the invalid provisions, provisions whose meaning is as close as possible to the invalid provision come into effect. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.
12.3 Legal order. In the event of an international element, we agree that our legal relationship will be governed by the legal order of the Czech Republic, excluding all provisions of conflict norms that relate to another legal order. However, this choice of law should not deprive the consumer of the protection provided by the provisions of the legal order of the country of their habitual residence. The contracting parties agree to explicitly exclude the application of the UN Convention on Contracts for the International Sale of Goods. According to Article 6, paragraph 2 of the Rome I Regulation, mandatory provisions of the law that would be applicable without this clause always apply.
12.4 Disputes and jurisdiction. The contracting parties additionally agree that for resolving any disputes arising from the purchase contract, where there is an international element, local courts will always have jurisdiction depending on the location of our registered office. This does not affect the rights of consumers under special legal provisions.
12.5 If we agree on different terms 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 Need to read the Terms and Conditions for concluding a purchase contract. Reading these Terms and Conditions is voluntary; 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 cancel the validity of the previous terms.