General terms and conditions

PELEK Distribution s.r.o. for the sale of goods through the online shop at pelek-de.com under the name PELEK Distribution s.r.o.

Contents

1. Contact details
2. Basic terms
3. Information provided to customers before concluding the purchase contract
4. Process of concluding the purchase contract
5. Price of the goods and payment methods
6. Delivery of the goods and place of performance
7. Rights arising from defective performance
8. Procedure for handling and resolving complaints
9. Data protection
10. Force majeure
11. Alternative dispute resolution
12. Final provisions, including applicable law and jurisdiction

1. Contact details

1.1 Operator of the online shop:

PELEK Distribution s.r.o.

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

Company ID: 26719941

VAT ID: CZ26719941

Authorized representative: Sergii Kryvulia

Registering court / Commercial Register: Municipal Court in Prague Registration number: 231166

Business address: Peteřska nam 2, 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 support at the telephone number and email address listed above 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 contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the “Purchase Contract”).

The purchase contract is concluded between us and consumers or businesses (hereinafter referred to as the “Customer” or “you”) through PELEK Distribution s.r.o. on pelek-de.com.

2.2 Online shop. The seller's online shop (hereinafter referred to as the “Online Shop”) is operated on the website pelek-de.com operated by PELEK Distribution s.r.o. 

2.3 What can you buy from us? In our online shop You can purchase goods that PELEK Distribution s.r.o. displays and offers. If a license to use the goods is offered, you may purchase that as well.

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

2.5 Goods with digital content. These terms and conditions 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 terms and conditions apply accordingly to contracts for the supply of physical media used 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 equipment. With regard to the obligations under Section 38 of Act No. 185/2001 Coll., on Waste, as amended, we inform customers that old electrical equipment may be handed in free of charge for disposal at the following address: Kirilovova 181, 739 21 Paskov, .

3. Notices to customers before the purchase contract is concluded

3.1 Seller's authorization and supervisory authorities. We are authorized to sell goods under a trade license. Trade licensing supervision is carried out by the competent trade licensing authority within the scope of its jurisdiction. The protection of personal data is supervised by the Office for Personal Data Protection. Within the scope established by law, the Czech Trade Inspection Authority monitors, 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 means of telecommunications (e.g.

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

3.4 Consumers have the right to withdraw from the purchase contract without giving any reason within at least 14 days, starting no later than on the day the goods are received (or the last product, partial delivery, or individual item in the case of a contract for multiple items from one order or the delivery of goods in several partial deliveries or items). The seller may grant a longer period. To meet the deadline, it is sufficient to send a notice exercising the right to withdraw from the contract before the end of this period.

3.5 Model withdrawal form from the purchase contract. To exercise your right to withdraw from the contract, you must do so unambiguously, either by email, telephone, postal address, or another means. You may use the attached model withdrawal form from the purchase contract for this purpose, but you are not required to do so.

3.6 When you cannot withdraw from the purchase contract. The customer is not entitled to withdraw from the following contracts:

3.6.1 for the supply of goods that are customized and/or made at the customer's request or for the customer;

3.6.2 for the supply of goods whose price depends on fluctuations in the financial markets beyond our control that may occur during the withdrawal period;

3.6.3 for the supply of goods that are perishable, as well as goods that have been irreversibly mixed with other goods after delivery;

3.6.4 for the supply of goods in sealed packaging that the consumer has removed from the packaging and which cannot be returned for health protection or hygiene reasons after the consumer has opened them, which also applies to audio or video recordings and computer programs if the customer has broken the original packaging seal;

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

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

3.6.7 for the provision of services once they have been fully performed; in the case of payment, only if performance began with the consumer's prior express consent before the withdrawal period expired and the trader informed the consumer before concluding the contract that the right of withdrawal would expire upon performance of the service;

3.6.8 for urgent repairs or maintenance to be carried out at a location expressly requested by the consumer; however, this does not apply to the performance of repairs other than those requested or the supply of goods other than spare parts required to carry out the repair or maintenance;

3.6.9 for the supply of digital content that was not supplied on a tangible medium and was supplied with your prior express consent before the withdrawal period expired, and where we informed you before concluding the purchase contract that, in this case, you would have no right to withdraw from the purchase contract.

3.7 Value of the returned goods and associated return costs. You bear the direct costs of returning the goods. If the value of the returned goods exceeds 40 EUR (40.01 EUR excluding shipping costs), the seller bears the return costs.

3.8 Refund of the purchase price. In the event of withdrawal from the purchase contract within the withdrawal period, we are obliged to refund the purchase price to you (excluding additional costs if you chose a delivery method other than the least expensive type of standard delivery offered by the seller), using the same payment method as used for the payment, unless we agree otherwise, no later than 14 days after the date on which we receive the returned goods or are reliably provided with proof that they have been sent. You will not be charged any fees for this refund. If we do not receive the goods back, we are entitled not to refund the purchase price to you.

3.9 Address for returning the goods. The return label is normally available in the user account on pelek-de.com. If we have not provided a return label, please use this address to return the goods: Kirilovova 181, 739 21 Paskov, . Alternatively, please contact us at info@pelek.eu or 601548120 to ensure your return rights and arrange 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 precedent that, in the event of withdrawal from the purchase contract by the customer or by us, the gift agreement regarding this gift becomes ineffective and the customer is obliged to return the gift to us together with the goods.

4. Process of concluding the purchase contract

4.1 Placing an order. The customer can select one or more items by placing them in the virtual shopping cart, where the customer can view the selected items, change the quantity, or remove them from the cart. By pressing the “Checkout” button, the customer will be asked to enter delivery information and select a payment method. Before completing the order, the customer has the opportunity to review and change the information entered in the order, as well as the customer details. By clicking the “Order with obligation to pay” button, the ordering process is completed and the purchase contract is concluded.

4.2 Consent to the General Terms and Conditions. By submitting the order, you confirm that you are familiar with and agree to these General Terms and Conditions and our Privacy Policy.

4.3 Consent of the legal representative for minor customers. If a minor customer makes a purchase in our online shop, the prior consent of their legal representative is required.

4.4 Product characteristics. The customer is obliged to familiarize themselves with the characteristics, nature, and recommended use of the goods before placing the order. By placing the order, the customer confirms that they are familiar with and understand 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 within no later than 2 business days. The purchase contract is concluded as soon as the button “Order with obligation to pay” is pressed.

4.6 Language of the contract. The language of the contract is German.

4.7 Obligations under the purchase contract. By concluding the purchase contract, we undertake to hand over the purchased goods and transfer ownership of the goods to you. By concluding 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. The customer receives a copy of the concluded purchase contract, i.e. the current version of these General Terms and Conditions. The consumer also receives a form for withdrawing 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 euros (EUR) and include VAT.

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

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, which are available at https://www.paypal.com are available)

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. If an unrealistic price of EUR 0 is displayed or a significantly non-market price is displayed, where a non-market price is understood to be a price below our purchase price, we reserve the right to remove the item from your offer to conclude the purchase agreement. You will be informed of this by email.

5.4 Form of the Invoice. We agree that invoices will be sent electronically to your email address.

5.5 Full Payment of the Purchase Price. For customers, we reserve 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 specified delivery time for the respective type of goods. We undertake to deliver the goods within 30 days at the latest. We will always inform you of any changes to the delivery time. In addition to the purchase price, you are also obliged to pay us any applicable costs for packaging 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 concluding the purchase agreement, you will be informed of the final price, which includes the costs of packaging and shipping.

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 for the goods to any address specified in the order.

6.4 Repeated Delivery and Associated Costs. If, for reasons for which you are responsible, the goods must be delivered repeatedly or by a method other than that specified in the order, you are obliged to bear the costs of repeated delivery of the goods or the costs of another delivery method.

6.5 Acceptance of the Goods. At the time the customer takes over the goods, the risk of damage to and accidental deterioration in the quality of the purchased goods passes to the customer. If the customer is to take over the goods from the supplier, the risk of accidental destruction and accidental deterioration in the quality of the purchased goods passes to the customer as soon as the customer is given the opportunity to dispose of the goods, but not before the specified delivery time.

6.6 Customer's obligation when accepting the goods. Upon accepting the goods, you are obliged to inspect them and verify their properties (in particular, whether you have received the correct type of goods, whether the goods are of the agreed quality, and whether their packaging contains everything that should be included according to the instructions). If the shipment has visible damage caused by the carrier, the customer is obliged not to accept such a shipment from the carrier at all. We accept no responsibility for damage caused by the carrier or for delayed delivery of the goods, regardless of the reason for the delay.

6.7 Damage that may be incurred by the seller due to failure to accept the goods. If the consumer does not accept the goods upon delivery by the carrier and the goods are subsequently returned to the seller, and the consumer does not withdraw from the purchase contract within 14 days of the unsuccessful delivery of the goods, the seller is entitled to charge the customer the costs that the carrier charged for returning the goods to the seller. These costs constitute damage incurred by the seller as a result of the customer's breach of statutory obligations.

7. Rights arising from defective performance

7.1 Defective performance. This section of the 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 defective goods must be claimed. You are obliged to notify us of defects in the goods without undue delay (to file a claim) after the defect has occurred. Otherwise, your rights arising from defective performance would not be upheld in court. You are entitled to claim a defect that occurs in consumer goods within 24 months of receiving these goods. This does not apply to goods for which a period during which the goods may be used is specified on the packaging, label, in the instructions accompanying the product, or in advertising pursuant to other legal regulations. The provisions on the quality guarantee (contractual guarantee) apply here.

7.3 What happens after 24 months? After 24 months, defects in the goods can no longer be claimed. If this is possible for the goods concerned, this period is extended by the time during which you were unable to use the goods because they were undergoing a justified claim process. Although we always strive to process claims to your satisfaction, some goods must be handled in accordance with the instructions on the packaging/label/information leaflet - otherwise they may be damaged.

7.4 Contractual warranty. If a voluntary contractual warranty of more than 24 months from receipt of the goods is provided for the goods concerned, you may claim defects in the goods during this period. The period is extended by the time during which you were unable to use the goods because they were undergoing a justified claim process.

7.5 Requirement that the goods are defective. If a defect becomes apparent within 12 months after receipt of the goods, it is presumed that the goods were already defective when accepted, unless we can prove otherwise.

7.6 For which defects are we not liable? We are not liable to you for defects in the following cases: 7.6.1 if the defect existed when the goods were accepted and a discount on the purchase price was agreed for such defect,

7.6.2 the defect was caused by wear and tear resulting from ordinary use or follows from the nature of the goods,

7.6.3 was caused by you and resulted from improper storage, improper maintenance, your intervention, or mechanical damage, all under conditions that do not correspond to the temperatures, dust conditions, humidity, or other environmental influences specified by us or the manufacturer (generally stated in the package insert / on the label of the goods), or that result from statutory provisions,

7.6.4 the goods were modified by the customer and the defect was caused by this modification,

7.6.5 the goods were used under conditions that do not correspond to the temperatures, dust conditions, humidity, or chemical and mechanical environmental influences specified by us or the manufacturer, or that result from statutory provisions,

7.6.6 the defect was caused by an external event beyond our control (e.g. natural disaster).

7.7 What must I do to assert a defect in the goods? To assert your rights regarding defects in the goods, please contact us through your user account on pelek-de.com, after which we will contact you and agree on the next steps. Alternatively, you can contact us directly at our email address.

7.8 Confirmation of receipt of the complaint. After you submit a notice exercising your right to make a complaint, we will contact you within 2 business days. The complaint is deemed to have been made at the time we receive from you the information concerning the complaint regarding the goods.

7.9 Returning the complained-about goods to the seller. The goods must be returned complete, undamaged (apart from the complained-about defect), and ideally in their original undamaged packaging so that we can comply with the principles of proper hygienic procedures. We will take over the goods at our expense to remedy the defect. We will contact you to agree on the next steps.

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

8. Procedure for Handling and Resolving Complaints

8.1 What affects my options. You have the right to request removal of the resulting defect. You may choose one of the following options:

8.1.1 Repair of the goods; 8.1.2 Delivery of new goods; or

8.1.3 Delivery of the missing part.

This should not constitute an unreasonable request on your part. If repairing the goods would cause us significant difficulties or if the request would be unreasonable in view of the value of the goods and the significance of the defect, we will inform you. The same applies if we consider your request for delivery of new goods unreasonable in view of the defect in or value of the goods.

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

8.3 When is it possible to request a refund of the purchase price? In certain 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 defect in the goods is not substantial. The situations in which you can withdraw from the purchase contract and request a refund of the purchase price are as follows:

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

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

8.3.3 the defect in the goods recurs; or

8.3.4 it constitutes a fundamental breach of the purchase contract.

8.4 When can I continue to demand a reasonable reduction in the purchase price of the goods? In certain situations, you will still be able to demand a reasonable reduction in the purchase price. This will not be possible if the defect in the goods is not significant. What are the situations in which you can demand a reasonable reduction in the purchase price?

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

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

8.4.3 the defect in the goods recurs; or

8.4.4 it constitutes a fundamental breach of the purchase contract.

8.5 You notify us of how the complaint will be handled. You are required to inform us which right arising from defective performance you have chosen, either when reporting the defect or without unnecessary delay after reporting the defect. You cannot change your choice without our consent; this does not apply if you request the removal of a defect that proves to be irreparable.

8.6 Return of the original goods. When processing the complaint by delivering new goods, you are required to return the goods originally delivered (unless we agree otherwise). The customer cannot demand delivery of new goods (nor withdraw from the purchase contract) if they cannot return the goods in the condition in which they received them. This does not apply if you used the goods before discovering the defect or if their condition changed when the defect was identified. The same applies if the goods cannot be returned in their original condition through no fault of your own.

8.7 When is the claim process completed? The claim process will be completed within 3 weeks after asserting rights arising from defects, unless we agree otherwise.

8.8 Ending the claim process. If the claimed goods were sent to us for a claim handled by the supplier, they will automatically be sent to your address after processing, together with confirmation of the date and manner in which the claim was handled, including confirmation that the remedy was provided and the duration of the claim, as well as the reasons for rejecting the claim.

8.9 Obligation upon acceptance of the claimed goods. You remain obliged to check the completeness of the claimed goods upon acceptance, in particular that the shipment containing the goods includes everything it should. Subsequent objections will not be taken into account.

9. Privacy

9.1 Personal data processing policy. Further information about which personal data we process, how, for what purpose, and for how long, can be found in our personal data processing policy.

10. Force majeure

10.1 What constitutes force majeure. For the purposes of these Terms and Conditions, force majeure means any event that occurs independently of our will and prevents us from fulfilling our obligations, unless it can reasonably be assumed that we could avert, overcome, or foresee this event or its consequences. The effects excluding liability are limited only to the duration of the existing obstacles to which these effects relate.

11. Out-of-court dispute resolution

11.1 Out-of-court settlement of consumer disputes.
For the out-of-court settlement of disputes arising from the contract, the Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 567/15, 120 00 Prague 2, Company ID No. 000 20 869, https://adr.coi.cz/cs, is responsible. The EU online dispute resolution platform can be found at https://ec.europa.eu/consumers/odr.

11.2 European Consumer Centre Czech Republic.
The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, https://evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes.

11.3 Complaints.
Before initiating an out-of-court dispute resolution procedure, we recommend contacting us at info@pelek.eu. We will endeavor to resolve disputes amicably. We will process your complaints within 2 business days (48 hours; processing time may be extended due to weekends and public holidays).

12. Final provisions, including applicable law and jurisdiction

12.1 Obligation to uphold consumer rights.
Should any provision of these General Terms and Conditions conflict with mandatory consumer protection provisions, the statutory provisions shall prevail, and we shall comply with them.

12.2 Invalid provisions of the GTC.
Should any provision of these GTC be or become invalid, it shall be replaced by a provision that comes as close as possible to its economic purpose. The invalidity of an individual provision shall not affect the validity of the remaining provisions.

12.3 Applicable law.
In the case of international matters, the legal relationship shall be governed by the law of the Czech Republic, excluding its conflict-of-law rules. However, this choice of law may not deprive consumers of the protection afforded to them by the mandatory provisions of the law of the country in which they habitually reside. The contracting parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Pursuant to Article 6(2) of the Rome I Regulation, mandatory provisions of the law that would apply in the absence of this choice of law remain unaffected.

12.4 Disputes and jurisdiction.
The contracting parties agree that, in the event of an international matter, the courts at the seller's registered office shall have territorial jurisdiction. Consumers' statutory rights remain unaffected by this.

12.5 Deviating agreements.
These General Terms and Conditions form part of the sales contract. Individual agreements that deviate from these GTC take precedence over the provisions of these GTC.

12.6 Requirement to accept the GTC.
Acceptance of these General Terms and Conditions is voluntary. However, no sales contract can be concluded without accepting them.

12.7 Validity of the GTC.
These General Terms and Conditions apply from 01.01.2024 and replace all previous General Terms and Conditions.