SELLER GTC / GENERAL TERMS AND CONDITIONS FOR B2C
General Terms and Conditions
PELEK Distribution s.r.o. for the sale of goods via the online shop on pelek-de.com named PELEK Distribution s.r.o.
Content
- Contact details
- Basic terms
- Notices to customers before concluding the purchase contract
- Process of concluding the purchase contract
- Price of goods and payment methods
- Delivery of goods and place of performance
- Rights arising from defective performance
- Procedure for handling and terminating complaints
- Data protection
- Force majeure
- Alternative dispute resolution
- 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
Registry court / commercial register: City Court Prague Registration number: 231166
Business address: Peteřska nam 2, 11000 Prague,
(hereinafter "seller" or "we")
Phone: +420774242766
Email: shop@pelek.eu
Customer service: We offer support to our customers at the above telephone number and email on working days from 9:00 a.m. to 5:00 p.m.
2. Basic terms
2.1 These general terms and conditions (hereinafter "GTC") of the seller govern the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase contract (hereinafter "purchase contract").
The purchase contract is concluded between us and consumers or entrepreneurs (hereinafter "customer" or "you") via PELEK Distribution s.r.o. on pelek-de.com.
2.2 Online shop. The seller's online shop (hereinafter "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 issued and offered by PELEK Distribution s.r.o.. If a license for use is offered for the goods, then this is also included.
2.4 Who is considered a consumer? A consumer is any natural person who concludes a purchase contract with us or otherwise acts legally outside the scope of their commercial activity or outside the scope of their independent professional activity (hereinafter referred to as "consumer"). The online shop is intended only for customers who are consumers. Sales to businesses 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 specified. 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 specified. Digital content means data created and provided in digital form.
2.7 Return of electrical appliances. Regarding obligations under § 38 of Act No. 185/2001 Coll. on Waste, as amended, we inform customers that old electrical appliances can be returned free of charge for disposal at the following address: Kirilovova 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 business license. Business supervision is carried out by the competent trade authority within its jurisdiction. The control of personal data is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority monitors compliance with Act No. 634/1992 Coll. on Consumer Protection within the prescribed scope.
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 (e.g.
if you call us at our phone number, you only pay your regular rate for the call).
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 the day of receipt of the goods (or the last product, partial delivery, or last item in the case of a contract for multiple items from one order or 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 of exercising the right of withdrawal before the deadline expires.
3.5 Form for withdrawal from the purchase contract. To exercise your right to withdraw from the contract, you must do so clearly, either by email, phone, or address, or by other means. You can use the attached sample form for withdrawal from the purchase contract, but this is not mandatory.
3.6 When you cannot withdraw from the purchase contract. The customer is not entitled to withdraw from the following contracts:
3.6.1 about the delivery of goods that are customized and/or manufactured according to the customer's wishes or for the customer;
3.6.2 about the delivery of goods whose price depends on fluctuations in financial markets beyond our control that may occur during the withdrawal period;
3.6.3 about the delivery of goods that are perishable, as well as goods that have been irreversibly mixed with other goods after delivery;
3.6.4 about the delivery of goods in sealed packaging which the consumer has removed from the packaging and cannot be returned for health protection or hygiene reasons after the consumer has opened it, which also applies to audio or video recordings and computer programs if the customer has broken the original packaging;
3.6.5 about accommodation, transport of goods, rental of a vehicle, catering, or leisure activities if the service is to be provided on a specific date or during a specific period according to the contract;
3.6.6 about the delivery of newspapers, magazines, or periodicals except for contracts for subscriptions for their delivery;
3.6.7 about the provision of services if they have been fully performed; in the case of remuneration only if this has started with the prior express consent of the consumer before the withdrawal period expired and the entrepreneur informed the consumer before concluding the contract that the right of withdrawal expires upon performance;
3.6.8 about urgent repairs or maintenance to be carried out at a location expressly requested by the consumer; however, this does not apply to carrying out repairs other than those requested or delivering goods other than spare parts necessary for the repair or maintenance;
3.6.9 about the delivery of digital content when it was not delivered on a tangible medium and was delivered with your prior express consent before the withdrawal period expired, and we informed you before concluding the purchase contract that in this case you have no right to withdraw from the purchase contract.
3.7 Value of the returned goods and related return costs. You bear the direct costs of returning the goods. If the value of the returned goods exceeds 990 Kč (990.01 Kč 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 you the purchase price (except for additional costs if you have chosen a different type of delivery than the cheapest standard delivery offered by the seller), using the same payment method as the payment, unless we agree otherwise, no later than 14 days from the time we receive the returned goods or it is reliably proven to us that they have been sent. No fees will be charged to you for this refund. If we do not receive the goods back, we are entitled not to refund the purchase price.
3.9 Return address for the goods. The return label is usually available in the user account on pelek-de.com. If we have not provided a return label, please use this address for returning the goods: Kirilovova 181, 739 21 Paskov. Alternatively, please contact us via the email address shop@pelek.eu or the phone number 601548120 to ensure your return rights and arrange an individual procedure.
3.10 Gift. If the customer is granted a gift along with the goods, the gift contract between us and the customer is concluded under the suspensive condition that in the event of withdrawal from the purchase contract by the customer or by us, the gift contract regarding this gift becomes invalid and the customer is obliged to return the gift to us along with the goods.
4. Process of concluding the purchase contract
4.1 Creating an order. The customer can select one or more products by adding them to the virtual shopping cart, where the customer can view the selected products, change the quantity, or remove them from the cart. By pressing the "Checkout" button, the customer is prompted to enter delivery information and choose a payment method. Before completing the order, the customer has the opportunity to review and modify the data entered in the order as well as the customer information. By clicking the "Order with payment obligation" button, the ordering process is completed and the purchase contract is concluded.
4.2 Consent to the Terms and Conditions. By submitting the order, you confirm that you are familiar with and agree to these Terms and Conditions and our privacy policy.
4.3 Consent of the legal representative for minor customers. If a minor customer buys in our online shop, prior consent from their legal representative is required.
4.4 Characteristics of the goods. The customer is obliged to inform themselves about the characteristics, type, and recommended use of the goods before placing the order. By ordering, 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 is only to inform the customer that the order has been received and will be processed within a maximum of 2 working days. The purchase contract is concluded at the time the "Order with payment obligation" button is pressed.
4.6 Contract language. The contract language is Czech.
4.7 Obligations under the purchase contract. By concluding the purchase contract, we commit to delivering the purchased goods and transferring ownership rights to you. By concluding the purchase contract, you commit to accepting the goods and paying us the price of the goods.
4.8 Copy of the Terms and Conditions and the withdrawal form. The customer receives a copy of the concluded purchase contract, i.e. the current version of these Terms and Conditions. The consumer also receives a withdrawal form 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 (CZK) 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 seller's description page. We reserve the right not to offer a partial payment method 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 according to PayPal's terms of use, which can be found at https://www.paypal.com available, paid)
5.2.2 Payment by card
5.2.3 Payment by bank transfer or instant transfer
5.2.4 Apple Pay, Google Pay
5.3 Unrealistic price of goods. In the event of displaying an unrealistic price of 0 CZK or showing a significantly non-market price, where a non-market price is considered one below our purchase price, we reserve the right to remove this item from your offer for concluding the purchase contract. You will be informed about this by email.
5.4 Form of invoice. We agree that invoices will be sent electronically to your email address.
5.5 Full payment of the purchase price. We reserve ownership of the goods to customers until full payment of the purchase price according to the respective purchase contract.
6. Delivery of goods and place of fulfillment
6.1 Delivery of goods. The goods will be delivered within the specified delivery time for the respective type of goods. We commit to delivering the goods no later than within 30 days. We will always inform you about any changes to the delivery time. Along with the purchase price, you are 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 chosen payment method. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods. Before concluding the purchase contract, you will be informed of the final price, which includes the costs for packaging and shipping.
6.2 Delivery address. The goods will be delivered to the address provided by the customer in the order.
6.3 Delivery method. The customer can choose the delivery method of the goods to any address specified in the order.
6.4 Repeated delivery and associated costs. If, for reasons within your responsibility, the goods must be delivered repeatedly or in a manner different from that specified in the order, you are obliged to bear the costs of the repeated delivery of the goods or the costs of another delivery method.
6.5 Acceptance of the goods. At the moment the goods are accepted by the customer, the risk of damage and accidental deterioration of the quality of the purchased goods passes to the customer. If the customer is to accept the goods from the supplier, the risk of accidental destruction and accidental deterioration of the quality of the purchased goods passes to the customer as soon as they are given control over the goods, but not before the specified delivery time.
6.6 Customer's obligation when accepting the goods. When accepting the goods, you are obliged to check them and verify their characteristics (in particular, whether you have received the correct type of goods, whether the goods have the agreed quality, whether the goods contain everything in their packaging that should be included according to the instructions). In the case of visible damage to the shipment caused by the supplier, the customer is obliged not to accept such a shipment from the supplier at all. We accept no responsibility for damages caused by the supplier or for delayed deliveries of the goods, regardless of the reason for the delay.
6.7 Damage that may be caused to the seller by non-acceptance of the goods. If the consumer does not accept the goods upon delivery by the supplier and the goods are subsequently returned to the seller, and the consumer 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 supplier for the return of the goods to the seller. These costs represent damage to the seller caused by the customer's breach of legal obligations.
7. Rights from defective performance
7.1 Defective performance. This section of the 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 defective goods must be reported. You are obliged to notify us of defects in the goods without undue delay (to report them) after the defect has occurred. Otherwise, you would not be granted the right to claim defective performance in court. You are entitled to report a defect that occurs in consumer goods within 24 months of receiving these goods. This does not apply to goods for which a period is specified on the packaging, label, in the instructions included with the product, or in advertising according to other legal regulations, within which the goods can be used. The provisions on the warranty for quality (contractual warranty) 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 in question, this period is extended by the time during which you could not use the goods because they were in the process of a justified complaint. Although we strive to handle complaints to your satisfaction, some goods must be handled according to the instructions on the packaging/label/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 has been granted for the goods in question, you can claim 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 complaint.
7.5 Condition that the goods are defective. If a defect appears within 12 months after receipt of the goods, it is assumed that the goods were already defective at the time of acceptance, 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 at the time of acceptance of the goods and a discount on the purchase price was agreed for such a defect,
7.6.2 the defect arose from wear and tear due to normal use or results from the nature of the goods,
7.6.3 caused by you and resulting from improper storage, incorrect maintenance, your intervention, or mechanical damage, all under conditions that do not comply with the temperatures, dust conditions, humidity, or other environmental influences specified by us or the manufacturer (usually indicated on the leaflet/label of the goods), or arising from legal regulations,
7.6.4 the goods that have been modified by the customer and the defect arose due to this modification,
7.6.5 The goods were used under conditions that do not comply with the temperatures, dust conditions, humidity, chemical and mechanical environmental influences set by us or the manufacturer, or arise from legal regulations,
7.6.6 The defect arose due to 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 via your user account on pelek-de.com, after which we will contact you and arrange the next steps. Alternatively, you can contact us directly at our email address.
7.8 Confirmation of receipt of the complaint. After sending the notification of your complaint claim, we will contact you within 2 working days. The time of asserting the complaint is considered the time when we receive the information about your complaint claim regarding the goods.
7.9 Return of the complained goods to the seller. The goods must be returned complete, undamaged (except for the complained defect), and ideally in the original undamaged packaging so that we can comply with proper hygiene procedures. We will take over the goods at our expense to remedy the defect. We will contact you to arrange the next steps.
7.10 Confirmation. After receiving the complained goods, a confirmation of receipt of the complaint and its content 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 demand remedy of the defect. You can choose:
8.1.1 Repair of the goods; 8.1.2 Delivery of new goods; or
8.1.3 Delivery of the missing part.
On your part, this should not be an unreasonable demand. If the repair of the goods would cause us significant difficulties or if it is an unreasonable demand considering the value of the goods and the significance of the defect, we will inform you. The same applies if we consider your demand for the delivery of new goods to be unreasonable in view of the defect of the goods or the value of the goods.
8.2 If it is 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 to demand a reasonable reduction of the purchase price of the goods.
8.3 When is it possible to demand a refund of the purchase price? In certain situations, it will be possible to withdraw from the purchase contract and demand a refund of the purchase price. This will not be possible if the defect of the goods is not significant. What situations are there in which you can withdraw from the purchase contract and demand a refund of the purchase price:
8.3.1 we refuse to remedy the defect of the goods or have not remedied this defect within a reasonable period;
8.3.2 it becomes apparent 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 of the goods recurs; or
8.3.4 it is a material breach of the purchase contract.
8.4 When can I still demand a reasonable reduction of the purchase price of the goods? In certain situations, you will still be able to demand a reasonable reduction of the purchase price. This will not be possible if the defect of the goods is not significant. What situations are there in which you can demand a reasonable reduction of the purchase price?
8.4.1 we refuse to remedy the defect of the goods or have not remedied this defect within a reasonable period;
8.4.2 it becomes apparent 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 of the goods recurs; or
8.4.4 it is a material breach of the purchase contract.
8.5 You inform us of the type of complaint handling. You are obliged to inform us which legal remedy for defective performance you have chosen, either when notifying the defect or without undue delay after notifying the defect. You cannot change the chosen remedy 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 claim by delivering new goods, you are obliged to return the originally delivered goods (unless we agree otherwise). The customer cannot demand the delivery of new goods (nor can they 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 the condition changed when the defect was identified. Likewise, in cases where the goods cannot be returned in their original condition through no fault of yours.
8.7 When is the claim process completed? The claim process will be completed within 3 weeks after asserting the rights from defects, unless we agree otherwise.
8.8 Termination of the claim. If the claimed goods have been sent to us for a claim by the supplier, they will be automatically sent to your address after processing, along with confirmation of the date and type of claim processing, including confirmation of the remedy implementation and the duration of the claim, as well as a reason for rejecting the claim.
8.9 Obligation when receiving the claimed goods. You are still obliged to check the completeness of the claimed goods upon receipt, especially that the shipment with the goods contains everything it should. Later objections will not be considered.
9. Data protection
9.1 Personal data processing policies. For more information about which personal data we process, how, for what purpose, and for how long, please see our personal data processing policies.
10. Force majeure
10.1 What is force majeure. For the purposes of these Terms and Conditions, force majeure is considered any event that occurs independently of our will and prevents us from fulfilling our obligations, unless it can reasonably be assumed that we can avert, overcome, or foresee this event or its consequences. The effects that exclude liability are limited only to the duration of the existing obstacles associated with these effects.
11. Alternative dispute resolution
11.1 Out-of-court dispute resolution. For the out-of-court resolution of consumer disputes