SELLER TERMS AND CONDITIONS / GENERAL
TERMS AND CONDITIONS FOR B2C
General terms and conditions
Principal Elektrik s.r.o. for the sale of goods through
of the online store located at pelek.eu called Principal Elektrik s.r.o.
Contents
1. Contact details
1.1 Internet operator
store:
Principal Elektrik s.r.o.
Headquarters: Osadní 869/32, 17000
Prague, Czech Republic
ID number: 03402614
VAT number: CZ03402614
Authorized representative: Sergii Kryvulia
Registry court / commercial
register: Municipal Court in Prague Registration
number: 231166
Business address: Peterska 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 customers on the above
by telephone and e-mail on working days from 9:00 a.m. to 5:00 p.m.
2. Basic terms
2.1 These general
business terms and conditions (hereinafter referred to as "T&C") of the seller
govern the mutual rights and obligations of the contracting parties arising in connection with or
on the basis of the purchase agreement (hereinafter referred to as the "purchase
agreement")
concluded between us and consumers
or entrepreneurs (hereinafter referred to as "customer"
or " you ") through Principal Elektrik s.r.o. at pelek.eu.
2.2 Online store. Online store
seller (hereinafter referred to as "online store")
is operated on the website pelek.eu Principal Elektrik s.r.o.
2.3 What can you buy from us? In our
online store Principal Elektrik
s.r.o. you can buy the goods that we display and offer. If it is for goods
offered, then also a license to use.
2.4 Who is considered a consumer? Any physical person is a consumer
a person who outside the scope of his business activity or outside the scope of independent
enters into a purchase contract with us in the performance of his profession, or with us in another legal manner
acts (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 General 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
digital content, these GTC apply accordingly, unless otherwise stated.
Digital content means data created and provided in digital form.
2.7 Takeback of electrical appliances. S
with regard to the obligations imposed in § 38 of Act 185/2001 Coll. on waste, as amended
later regulations, we inform customers that old electrical appliances can
hand over free of charge for disposal at: Kirilovova
181, 739 21 Paskov, .
3. Communication to customers before closing the purchase
contracts
3.1 Seller's Authorization and Control Authorities. K
we are authorized to sell goods on the basis of a trade license. Business
the control is carried out by the relevant trade office within its scope of competence. Control
the Office for the Protection of Personal Data is responsible for personal data. Czech business
the inspection supervises compliance with the law, among other things, within a defined scope
No. 634/1992 Coll., on consumer protection.
3.2 Illustrative character. Photos that on our website
you see, they are illustrative only.
3.3 Additional Costs. We do not charge any additional costs for
telecommunication means (e.g.
if you call us on our
phone number, you will only pay your normal phone call rate).
3.4 Consumers have the right to withdraw from the
purchase contract without giving reasons, at least within a period of 14 days, which begins at the latest from the day of receipt of the goods (or
of the last product, partial shipment or last piece in the case of a contract for
several pieces of goods from one order, or delivery of goods in several parts
shipments or pieces). The seller can provide a longer period. To comply
period is sufficient if you send a message regarding the exercise of the right of withdrawal from
contract before the expiration of this period.
3.5 Form for withdrawing from the purchase contract. In order to
could exercise their right of withdrawal, you must do so
in a clear way, to our e-mail, telephone or address, or otherwise
way. You can use the attached sample withdrawal form for this
purchase contract, but it is not your obligation.
3.6 When you do not have the possibility to
withdraw from the purchase contract. The customer is not entitled to withdraw from the following contracts:
3.6.1 on the delivery of goods that have been modified
and/or created at the request of the customer
or for his person;
3.6.2 on delivery
goods, the price of which depends on deviations
of financial markets independent of our will, which may occur during the period
for withdrawing from the purchase contract;
3.6.3 about the delivery of goods subject to
perishable, as well as goods that were irreversibly mixed with other goods after delivery;
3.6.4 on the delivery of goods in sealed
packaging which the consumer
removed from the packaging and for reasons of health protection or hygienic reasons it is not suitable to
return after it has been infringed by the consumer, which also applies to sound or video recordings and computer programs if the customer has infringed their original packaging;
3.6.5 about accommodation,
transportation of goods, rental of means of transport, catering or use of leave
time, if according to the contract it is to be fulfilled on a certain date or in a certain period;
3.6.6 on delivery of newspapers, periodicals or magazines s
with the exception of subscription contracts for their supply;
3.6.7 on provision
services, if they were provided in full; in the case of payment,
only if it started with the prior express consent of the consumer before
upon expiry of the period for withdrawal from the contract and the entrepreneur before the conclusion of the contract
instructed the consumer that the right to withdraw from the contract expires by providing performance;
3.6.8 for urgent
repair or maintenance to be carried out at the place designated by the consumer at
his express request; however, this does not apply to executions other than those requested
repairs or delivery of goods other than spare parts necessary to carry out the repair
or maintenance;
3.6.9 about the delivery of digital content if it has not been delivered
on a tangible medium and was delivered with your prior express consent before
upon expiry of the period for withdrawing from the purchase contract and we are before closing
of the purchase contract stated that in such a case you have no right from the purchase contract
resign.
3.7 The value of the returned goods and the related
costs of returning the goods. You bear the direct costs of returning the goods. If
the value of the returned goods exceeds CZK 990 (990.01
CZK without the price of postage), covers the costs of returning the seller.
3.8 Refund of purchase price. In case
withdrawal from the purchase contract within the withdrawal period, we are obliged to refund you
purchase price (with the exception of additional costs if you chose a different type
delivery than the cheapest standard delivery offered by the seller), viz
the same payment method as when requesting money, unless we agree otherwise,
no later than 14 days from the moment we receive the returned item or we will
reliably proven to have sent it. You will not be charged for this
payment back. If we do not receive the goods back, we are entitled to the purchase price
do not return.
3.9 Address for sending returned
goods. The return label is usually available in the user account at
pelek.eu. If we have not provided a return label, please use this for shipping
goods this address Kirilovova 181, 739 21 Paskov, . Or please us
contact via e-mail address shop@pelek.eu
or telephone
number 601548120 to guarantee your rights to return goods and arrange
on an individual basis.
3.10 Gift. If it is together with the goods
a gift provided to the customer is a gift contract between us and the customer
concluded with the severance condition that in the event of withdrawal from the purchase contract
by the customer or on our part, the gift contract regarding such a gift is void
effectiveness and the customer is obliged to return the gift along with the goods to us.
4. The process of concluding a purchase contract
4.1 Creating an order. The customer can
select one or more goods by placing them in a virtual shopping cart,
where the customer can view the selected goods, change their number or
remove from shopping cart. By pressing the "Checkout" button, the customer is prompted to
entering information regarding transport and choosing a payment method. Before completion
order, the customer is allowed to check and change the data that
entered the order, or customer data. By clicking on the button "Order binding for payment" is
the order process is completed and the purchase contract is concluded.
4.2 Acceptance of GTC. By sending the order
you confirm that you have read and agree to these TOS and our policies
processing of personal data.
4.3 Consent of the legal representative of a minor
customer. If a minor customer purchases from our online store,
it requires the prior consent of his legal representative.
4.4 Properties of goods. The customer is obliged
familiarize yourself with the properties, type and recommended before completing the order
way of using the goods. By placing an order, the customer confirms that s
informed of this information and that he understands it.
4.5 Order Confirmation. Seller
confirms acceptance of the customer's order by sending a confirmation to the customer
orders by e-mail. This order confirmation is for information only
the customer that the order has been received and will be processed no later than 2
working days from the execution of the order by the customer. The purchase contract is already there
closed at the moment of pressing the "Order
committing payment" button.
4.6 Contractual Language. The contract language is Czech.
4.7 Obligations arising from the purchase contract. By closing
purchase contract, we undertake to hand over the purchased goods to you and enable you to acquire them
ownership of the goods. By concluding the purchase contract, you commit to the goods
take over and pay us the price of the goods.
4.8 Copy of GTC and form for withdrawal from
purchase contract. The customer will receive a copy of the concluded purchase contract, i.e. an up-to-date one
wording of these GTC. The consumer customer will also receive a withdrawal form from
purchase contracts within the statutory period.
5. Price of goods and methods of payment
5.1 Price. All product prices are given in Czech crowns (CZK) and
are listed including VAT.
5.2 Payment options. Methods of payment of the price
goods and any costs associated with the delivery of the goods can also be found on page s
description of the seller. We reserve the right to a partial method in individual cases
do not offer payment for the goods to the customer. The customer has the option to:
5.2.1 PayPal (Customer
is redirected to PayPal, where he pays the purchase price from his PayPal account and v
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 goods. In case
displaying an unrealistic price worth CZK 0 or displaying a highly non-market price when
a price that is below our purchase price is considered a non-market price, si
we reserve the right to remove this item from your closing proposal
purchase contracts. You will be notified about this on your e-mail.
5.4 Form of invoice. We agree that invoices will be sent
electronically, to your e-mail.
5.5 Full payment of the purchase price. We reserve the right
retain ownership of the goods with customers until full payment of the purchase price
according to the relevant purchase agreement.
6. Delivery of goods and place of performance
6.1 Delivery of goods. The goods will be delivered in
delivery time specified for the given type of goods. We always undertake to deliver the goods
within 30 days at the latest. About any changes in time
We will always inform you about the delivery.
Together with the purchase price, you are also obliged to pay us any associated costs
with packaging and delivery of the goods in the agreed amount, as well as an additional fee for the chosen method
payments. Unless expressly stated otherwise, the purchase price also includes costs
associated with the delivery of goods. Before concluding the purchase contract, you will be informed about
final price including packaging and shipping costs.
6.2 Delivery address. The goods are delivered to the address specified by the customer in
order.
6.3 Method of Transport. The customer can choose
method of shipping goods to any address specified in the order.
6.4 Repeated delivery and related costs.
In the event that, for reasons on your part, it is necessary to deliver the goods repeatedly
or in a different way than was specified in the order, you are obliged to pay the costs
associated with repeated delivery of goods, or costs associated with another method
delivery.
6.5 Acceptance of goods. Just a moment
acceptance of the goods by the customer transfers to the customer the risk of damage and incidentals
deterioration of the quality of purchased goods. If the customer had goods from the carrier
take over, pass over
danger
accidental destruction and accidental deterioration of the quality of the purchased goods to the customer
at the moment when he was allowed to dispose of the goods, but not earlier than
specified delivery time.
6.6 Obligation of the customer upon receipt of the goods. At
upon receipt of the goods, you are obliged to check them and make sure of their properties
(in particular whether you have received the right type of goods, whether the goods have the agreed quality,
whether the product contains everything in its packaging that it should contain according to the instructions). In case
visible damage to the shipment by the carrier, the customer is obligated to such shipment
not take over from the carrier at all. We are not responsible for damage caused by the carrier,
possibly by late delivery of the goods, whatever the reason for the delay
reason.
6.7 Damage that may occur to the seller
by not accepting the goods. If the customer does not accept the goods upon delivery
carrier, the goods are subsequently returned to the Seller and the customer at the same time
the consumer does not withdraw from the purchase contract within 14 days of the failed delivery
goods, the seller is entitled to demand from the customer the costs charged
carrier to deliver the goods back to the seller. This expense represents for the seller
damage caused by a violation of the customer's legal obligations.
7. Rights from defective performance
7.1 Defective performance. This part of the GTC applies e
for the adjustment of rights and obligations when exercising rights from defective performance in sales
goods between us as the seller and the customer as the buyer.
7.2 When to claim defective goods. Defects of goods
you are obliged to complain to us (complain about them) without undue delay after
discovered the defect. Otherwise, the court would not grant you a right from the defective one
fulfillment. You are entitled to complain about a defect that occurs in the consumer goods within 24 months from the receipt of the goods.
This does not apply to goods for which it is on the packaging, label, in the instructions attached
to the goods or the period after which the goods can be used is indicated in the advertisement in accordance with other legal regulations. The quality warranty provisions apply here
(contractual guarantee).
7.3 What will happen after 24 months? Mon
after 24 months have passed, product defects can no longer be blamed. If it is with the given
goods possible, this period is extended by the time during which you could not get the goods
to use because it was in the process of a justified complaint. Although we are trying to work it out
complaints always to your satisfaction, some goods must be treated according to
instructions given on the packaging/label/in the package insert - otherwise, se
will damage.
7.4 Contractual Warranty. If she was with the given
the goods are guaranteed by a voluntary contractual guarantee longer than 24 months from receipt
goods, you will be able to point out the defects of the goods during this time. The time is extended by the time
during which you could not use the product because it was in the process of a valid complaint.
7.5 Assuming that the goods are defective. If you
the defect becomes apparent within 12 months of receiving the goods, it is considered that the goods were
already defective upon receipt, unless we prove otherwise.
7.6 What defects are we not responsible for? We do not respond
you for defects in the following cases: 7.6.1 if there is a defect in the goods at the time of acceptance and for
a discount from the purchase price is negotiated for such a defect,
7.6.2 the defect arose on
goods due to wear and tear caused by normal use, or if this results from its nature
goods,
7.6.3 is caused by you and resulted from improper storage, improper
maintenance, your intervention or mechanical
damage, all in conditions that do not correspond to their temperature,
dust, moisture, other environmental influences, and it is directly by us or the manufacturer
determined (usually on the package leaflet / product label), or it follows from
legal regulations,
7.6.4 goods that were the customer
adjusted and if a defect has arisen as a result of this adjustment,
7.6.5 by using
goods in conditions that do not match their temperature, dustiness, humidity,
chemical and mechanical effects of the environment, which is directly the seller or
determined by the manufacturer, or resulting from legal regulations,
7.6.6 the defect arose as a result of an external
events beyond our control (e.g. a natural event).
7.7 What should I do to claim a product defect? For
in order to exercise rights due to product defects, contact us via the user
account on pelek.eu, based on that we will contact you and agree on the next one
procedure. Alternatively, contact us directly at our email address.
7.8 Confirmation of claims. After submission
we will hear from you within 2 working days about the exercise of your right to claim.
The moment when we receive the information about
application of goods complaint.
7.9 Delivery of the claimed goods back to the seller. Goods
must be returned complete, undamaged (except for the claimed defect), ideally
in the original undamaged packaging so that we can follow the principles of correctness
hygienic procedure. To remove the defect, we will take over the goods at our own expense.
We will contact you to agree on the next course of action.
7.10 Confirmation. After receiving the claimed
goods, you will be sent a confirmation of the objection of the claim and its content on you
specified email address.
8. Methods of processing and termination
complaint
8.1 What will affect my options. You will have
the right to request removal of the defect.
According to your choice, you can choose:
8.1.1 repair
things; 8.1.2 delivery of a new item; or
8.1.3 delivery of the missing part.
It shouldn't be on your part
unreasonable request. If the repair will be significant for us
difficulties or it will not be a reasonable request having regard to the value of the thing and the importance
defects, we will let you know. We will proceed in the same way if we evaluate your request
delivery of a new thing as disproportionate in relation to the defect of the goods or the value of the goods.
8.2 If it will be a
substantial breach of the purchase contract. If the defect is substantial
breach of the purchase contract, you will have the right
to withdraw from the purchase contract or request
a reasonable discount from the purchase price of the goods.
8.3 When will it be possible to request a refund of the purchase price? V
in some situations, it will be possible to withdraw from the purchase contract and request a refund of the purchase price
prices. It will not be possible in a situation where the defect of the goods is not significant. What will they be like?
situations where you can withdraw from the purchase contract and request a refund of the purchase price:
8.3.1 we refuse to remove the defect in the goods
or we have not corrected this defect within a reasonable time;
8.3.2 of
from our statement or from another circumstance it will be apparent that the defect will not be removed
within a reasonable time or without significant inconvenience to the buyer;
8.3.3 the defect of the goods becomes apparent
repeatedly; or
8.3.4 is a material breach
purchase contracts.
8.4 When will it be possible to request a reasonable discount
from the purchase price of the goods? In some situations, you will still be able to ask for a reasonable one
discount from the purchase price. It will not be possible in a situation where the defect of the goods is not significant.
What will be the situations where you can request a reasonable discount from the purchase price?
8.4.1 we refuse to remove the defect in the goods
or we have not corrected this defect within a reasonable time;
8.4.2 from our
statement or from another circumstance it will be apparent that the defect will not be removed in
within a reasonable time or without significant inconvenience to the buyer;
8.4.3 the defect of the goods becomes apparent
repeatedly; or
8.4.4 is a material breach
purchase contracts.
8.5 You tell us how to handle the complaint. You have
the obligation to tell us which right you have chosen from defective performance, namely at
notification of a defect or without undue delay after notification of a defect. Choice made
you cannot change without our consent; this does not apply if you apply
repair of a defect that turns out to be irreparable.
8.6 Return of original goods. At checkout
complaints by delivering new goods, you are obliged to return the goods originally delivered to us
(unless we agree otherwise). The customer cannot request the delivery of new goods (a
cannot even withdraw from the purchase contract), if he cannot return the goods in that condition, v
how he received it. This does not apply if you used the goods before the defect was discovered
or there was a change in status during defect detection. Furthermore, even if without yours
fault, the goods cannot be returned in their original condition.
8.7 When will the complaint
process be closed? The complaint process is closed within a period of 3 weeks from the exercise of the right from defects, unless we agree otherwise.
8.8 Termination of complaint. If we were
the claimed goods sent for the claim by the carrier, will be after it has been processed
automatically sent to your address along with confirmation of the date and method of settlement
complaints, including confirmation of rectification and the duration of the complaint,
possibly the justification for the rejection of the claim.
8.9 Obligation upon acceptance of the claimed goods.
You are also obliged to check the completeness of the claimed goods upon acceptance
goods, especially that the shipment of goods contains everything it is supposed to contain. For later
objections will no longer be considered.
9. Protection of personal data
9.1 Principles of personal data processing. More
information about what personal data we process, in what way, for what purpose
the purpose and for how long they are processed can be found in our processing policy
personal data.
10. Force majeure
10.1 What is force majeure. For a higher power
the requirements of these GTC are considered any obstacle that occurred independently of ours
will and prevents her from fulfilling her obligation if it is not reasonably possible
to assume that we would avert, overcome this obstacle or its consequences
or predicted. Excretory effects
responsibility
they are limited only for as long as the obstacle with these effects lasts
connected.
11. Alternative dispute resolution
11.1 Out-of-court dispute resolution. To extrajudicial
Česká obchodní is responsible for resolving consumer disputes arising from the purchase contract
inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869,
Internet address: https://adr.coi.cz/cs. Online dispute resolution platform
located at the internet address https://ec.europa.eu/consumers/odr
can be used when
resolution of disputes between the seller and the customer from the purchase contract.
11.2 European Consumer Center of the Czech Republic. European
consumer center Czech Republic, with registered office at Štěpánská 567/15, 120 00
Prague 2, internet address: https://evropskyspotrebitel.cz
is the contact
place according to the Regulation of the European Parliament and the Council (EU) No. 524/2013 of 21.
of May 2013 on the resolution of consumer disputes online and on the amendment of Regulation (EC) no.
2006/2004 and Directive 2009/22/EC (regulation on the resolution of consumer disputes
on-line).
11.3 Complaints. Before you start
out-of-court dispute resolution, we recommend contacting our e-mail address shop@pelek.eu. We always try to originate first
settle the dispute amicably. Your complaints
will be processed by 2 at the latest
working days (48 hours, this period can be extended by non-working days and
public holidays that are common within the Czech Republic).
12. Final part, inclusive
applicable law and jurisdiction
12.1 Commitment to respect consumer rights. If
the provisions of these General Terms and Conditions would be in conflict with statutory protection regulations
consumer, the law takes precedence and we undertake to comply with it.
12.2 Invalid or ineffective provisions of the General Terms and Conditions. If
is any provision of the General Terms and Conditions invalid or ineffective, or becomes so, so
the invalid provisions shall be replaced by provisions whose meaning is invalid
approximates the provision as much as possible. By the invalidity or ineffectiveness of one
provision does not affect the validity of other provisions.
12.3 Legal Order. In case of existence
international element, we agree that our legal relationship will be governed by legal
by the law of the Czech Republic with the exclusion of all provisions of conflicting standards which
they refer to a different legal order. However, this choice of law must not be made by the user
by this choice, the consumer is deprived of the protection provided by the provisions
the legal system of the country of his habitual residence. The contracting parties agree that
expressly exclude the use of the UN Convention on Contracts for the International Sale of Goods.
According to Article 6, paragraph 2 of the Regulation, Rome I always applies the mandatory provisions of the law,
which would be applicable without this clause.
12.4 Disputes and Jurisdiction. Contractual
the parties further agree that to resolve any disputes arising from the purchase contract, where
an international element is present, the local courts according to the place of our seat will always be competent. This does not affect the rights
consumers according to special legal regulations.
12.5 If we agree on different conditions for concluding a
purchase contract. The provisions of the GTC are an integral part of the purchase contract.
Provisions deviating from the General Terms and Conditions can be negotiated in the purchase contract. Deviating arrangements
in the purchase contract take precedence over the provisions of the General Terms and Conditions.
12.6 Necessity of acceptance of GTC for concluding a purchase
contract. Acceptance of these GTC is voluntary, but unfortunately without their acceptance
a purchase contract cannot be concluded.
12.7 Validity of GTC. These General Terms and Conditions are valid from 01.01.2024 and cancel the validity of the previous terms and conditions