General terms and conditions
Principal Elektrik s.r.o. for the sale of goods via the online store located on pelek.eu named Principal Elektrik s.r.o.
Contents
- Contact information
- Basic concepts
- Communication to customers before the conclusion of the purchase contract
- The process of concluding a purchase contract
- Product price and payment methods
- Delivery of goods and place of fulfillment
- Rights from defective performance
- Ways of settlement and termination of the complaint
- Protection of personal data
- A higher power
- Alternative dispute resolution
- Final section, including applicable law and jurisdiction
1. Contact details
1.1 Online store operator:
Principal Elektrik s.r.o.
Registered office: Osadní 869/32, 17000 Prague, Czech Republic
ID number: 03402614
DIČ: CZ03402614
Authorized representative: Sergii Kryvulia
Register 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 phone 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 referred to as "VOP") 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 "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. The seller's online store (hereinafter referred to as the " online store ") is operated on the website pelek.eu Principal Elektrik s.r.o.
2.3 What can you buy from us? In our Principal Elektrik s.r.o. online store, you can buy the goods that we display and offer. If it is offered with the goods, then also a license for use.
2.4 Who is considered a consumer? A consumer is any natural person who, outside the scope of his business activity or outside the scope of the independent performance of his profession, concludes a purchase contract with us, or deals with us in any other legal manner (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 GTC apply mutatis mutandis, unless otherwise stated. Digital content means data created and provided in digital form.
2.6 Goods with digital elements. For contracts for the supply of physical data carriers that serve exclusively as carriers of digital content, these GTC apply accordingly, unless otherwise specified. Digital content means data created and provided in digital form.
2.7 Takeback of electrical appliances. With regard to the obligations imposed in § 38 of Act 185/2001 Coll. on waste, as amended, we inform customers that old electrical appliances can be handed over for disposal free of charge at: Kirilovova 181, 739 21 Paskov, .
3. Communication to customers before the conclusion of the purchase contract
3.1 Seller's Authorization and Control Authorities. We are authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The control over personal data is carried out by the Office for the Protection of Personal Data. Among other things, the Czech Trade Inspection supervises compliance with Act No. 634/1992 Coll., on consumer protection, within a defined scope.
3.2 Illustrative character. The photos you see on our website are for illustrative purposes 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 14 days , which starts running no later than the day of receipt of the goods (or of the last product, sub-shipment or last piece in the case of a contract for several pieces of goods from one order, or delivery of goods in several sub-shipments or pieces). The seller can provide a longer period. In order to comply with the deadline, it is sufficient if you send a message regarding the exercise of the right to withdraw from the contract before the expiry of this deadline.
3.5 Form for withdrawing from the purchase contract. In order to exercise your right to withdraw from the contract, you must do so in an unambiguous way, to our e-mail, telephone or address, or in another way. You can use the attached sample form for withdrawing from the purchase contract for this, but it is not your obligation.
3.6 When you do not have the option 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 the delivery of goods, the price of which depends on deviations of the financial markets independent of our will, which may occur during the withdrawal period from the purchase contract;
3.6.3 on the delivery of perishable goods, as well as goods that have been irreversibly mixed with another after delivery goods;
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 appropriate to return it after the consumer has violated it, which also applies to sound or video recordings and computer programs if the customer has broken their original packaging;
3.6.5 about accommodation, transport of goods, rental of means of transport, catering or use of free time, if it is to be fulfilled according to the contract on a certain date or in a certain period;
3.6.6 on the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for their supply;
3.6.7 about the provision of services, if they were provided in full; in the case of performance for consideration, only if it began with the prior express consent of the consumer before the expiration of the period for withdrawal from the contract and the entrepreneur informed the consumer before concluding the contract that the right to withdraw from the contract expires by providing the performance;
3.6.8 about 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 the performance of other than requested repairs or the delivery of goods other than spare parts necessary for the performance of repairs or maintenance;
3.6.9 on the delivery of digital content, if it was not delivered on a physical medium and was delivered with your prior express consent before the expiry of the withdrawal period from the purchase contract and we have before concluding the purchase contract, they informed you 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 costs of returning the goods. You bear the direct costs of returning the goods. If the value of the returned goods exceeds CZK 990 (CZK 990.01 without postage), the seller pays the return costs.
3.8 Refund of purchase price. In case of withdrawal from the purchase contract within the withdrawal period, we are obliged to refund you the purchase price (with the exception of 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 when requesting money, unless we agree otherwise, no later than 14 days from the moment we receive the returned item or we are reliably proven to have sent it. You will not be charged for this chargeback. If we do not receive the goods back, we are entitled not to refund the purchase price.
3.9 Address for sending returned goods. The return label is usually available in the user account on pelek.eu. If we have not provided a return label, please use this address Kirilovova 181, 739 21 Paskov, . Alternatively, please contact us via the e-mail address shop@pelek.eu or the phone number 601548120 to guarantee your rights to return the goods and agree on an individual procedure.
3.10 Gift. If a gift is provided to the customer together with the goods, the gift contract is concluded between us and the customer with the severance condition that if the customer or we withdraw from the purchase contract, the gift contract regarding such a gift ceases to be effective and the customer he is obliged to return the given gift together with the goods.
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 basket, where the customer can view the selected goods, change their number or remove them from the shopping basket. By pressing the "Checkout" button, the customer is prompted to enter shipping information and select a payment method. Before completing the order, the customer is allowed to check and change the data he entered in the order, or customer data. By clicking on the "Order Committing Payment" button, the order process is completed and the purchase contract is concluded.
4.2 Acceptance of GTC. By submitting an order, you confirm that you have read and agree to these GTC and our personal data processing policy.
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 to familiarize himself with the properties, type and recommended way of using the goods before completing the order. By placing an order, the customer confirms that he has familiarized himself with this information and that he understands it.
4.5 Order Confirmation. The seller confirms acceptance of the customer's order by sending the customer an order confirmation by e-mail. This order confirmation serves only to inform the customer that the order has been placed and will be processed, no later than 2 working days after the order has been placed by the customer. The purchase contract is already concluded at the moment of pressing the button "Order binding for payment".
4.6 Contract Language. The contract language is Czech.
4.7 Obligations arising from the purchase contract. By concluding the purchase contract, we undertake to hand over the purchased goods to you and allow you to acquire ownership of the goods. By concluding the purchase contract, you undertake to take over the goods and pay us the price of the goods.
4.8 Copy of GTC and form for withdrawing from the purchase contract. The customer will receive a copy of the concluded purchase contract, i.e. the current version of these GTC. The consumer customer will also receive a form for withdrawing from the purchase contract within the legal deadline.
5. Price of goods and methods of payment
5.1 Price. All product prices are listed in Czech crowns (CZK) and include VAT.
5.2 Payment options. You can also find the methods of payment of the price of the goods and any costs associated with the delivery of the goods on the page with the description of the seller. We reserve the right not to offer the customer a partial payment method for the goods in individual cases. The customer has the option to:
5.2.1 PayPal (The Customer is redirected to PayPal, where he pays the purchase price from his 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 goods. If an unrealistic price of CZK 0 is displayed or a highly non-market price is displayed, when a non-market price is considered to be a price that is below our purchase price, we reserve the right to remove this item from your proposal for concluding a purchase contract. You will be informed about this on your e-mail.
5.4 Form of invoice. We agree that the invoices will be sent electronically, to your e-mail.
5.5 Full payment of the purchase price. We reserve the right of ownership for the goods until full payment of the purchase price in accordance with the relevant purchase contract.
6. Delivery of goods and place of performance
6.1 Delivery of goods. The goods will be delivered within the 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 costs associated with the packaging and delivery of the goods in the agreed amount, as well as the surcharge for the chosen payment method. Unless expressly 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 including packaging and shipping costs.
6.2 Delivery address. The goods are delivered to the address specified by the customer in the order.
6.3 Method of transport. The customer can choose the method of shipping the goods to any address specified in the order.
6.4 Re-delivery and associated costs. If, 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 the repeated delivery of the goods, or costs associated with another delivery method.
6.5 Acceptance of goods. The risk of damage and accidental deterioration of the quality of the purchased goods passes to the customer at the moment of acceptance of the goods by the customer. If the customer was supposed to take over the goods from the carrier, it is transferred
the risk of accidental destruction and accidental deterioration of the quality of the purchased goods on the customer at the moment when he was allowed to dispose of the goods, but not earlier than the specified delivery time.
6.6 Obligation of the customer upon acceptance of the goods. When receiving 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 goods in their packaging contain everything that they should contain according to the instructions). In case of visible damage to the shipment by the carrier, the customer is obliged not to accept such a shipment from the carrier at all. We are not responsible for damage caused by the carrier or late delivery of goods, regardless of the reason for the delay.
6.7 Damage that may occur to the seller by not accepting the goods. If the customer-consumer does not take over the goods upon their delivery by the carrier, the goods are subsequently returned to the Seller, and at the same time the customer-consumer does not withdraw from the purchase contract within 14 days of the failed delivery of the goods, the seller is entitled to demand from the customer the costs charged by the carrier for returning the goods sellers. For the seller, this cost represents damage caused by the breach of the customer's legal obligations.
7. Rights from defective performance
7.1 Defective performance. This part of the GTC is used to regulate rights and obligations when exercising rights from defective performance in the sale of goods between us as a seller and a customer as a buyer.
7.2 When to complain about defective goods. You are obliged to report product defects to us (complain about them) without undue delay after the defect has appeared. Otherwise, the court would not grant you a right from defective performance. You are entitled to complain about a defect that occurs in the consumer goods within 24 months from the receipt of these goods. This does not apply to goods for which the time during which the goods can be used is indicated on the packaging, label, in the instructions attached to the goods or in advertising in accordance with other legal regulations. The quality guarantee provisions (contractual guarantee) apply here.
7.3 What will happen after 24 months? After the futile lapse of 24 months, product defects can no longer be blamed. 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 it was in the process of a valid complaint. Although we always try to handle complaints to your satisfaction, some goods must be handled according to the instructions on the packaging/label/package insert - otherwise they will be damaged.
7.4 Contractual Warranty. If a voluntary contractual guarantee longer than 24 months from the receipt of the goods was guaranteed for the goods in question, you will be able to complain about the defects of the goods during this period. The period is extended by the time during which you could not use the goods because it was in the process of a valid complaint.
7.5 Assuming that the goods are defective. If the defect becomes apparent within 12 months of receipt of 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 are not responsible for defects in the following cases: 7.6.1 if there is a defect in the goods at the time of acceptance and a discount from the purchase price has been agreed for such a defect,
7.6.2 the defect arose on the goods due to wear and tear caused by normal use, or if this results from the nature of the goods,
7.6.3 is caused by you and resulted from improper storage, improper maintenance, your intervention or mechanical damage, all of this in conditions that do not correspond to their temperature, dustiness, humidity, other environmental influences and is directly specified by us or the manufacturer (usually on the package leaflet / label goods), or it follows from legal regulations,
7.6.4 goods that have been modified by the customer and if a defect has arisen as a result of this modification,
7.6.5 using the goods in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical effects of the environment, which is directly determined by the seller or manufacturer, or results from legal regulations,
7.6.6 the defect arose as a result of an external event beyond our control (e.g. natural disaster).
7.7 What should I do to claim a product defect? In order to exercise your rights from product defects, contact us through your user account on pelek.eu, based on this we will contact you and agree on the next procedure. Alternatively, contact us directly at our email address.
7.8 Confirmation of claims. After sending a message about exercising your right to claim, we will contact you within 2 working days. The moment when we receive the data from you about the application of the claim for the goods is considered the moment of application of the complaint.
7.9 Delivery of the claimed goods back to the seller. The goods must be returned complete, undamaged (with the exception of the claimed defect), ideally in the original undamaged packaging so that we can comply with the principles of proper 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 acceptance of the claim and its content to the e-mail address you specified.
8. Ways of settlement and termination of complaints
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 of the item; 8.1.2 delivery of a new item; or
8.1.3 delivery of the missing part.
This should not be an unreasonable request on your part. If it will be a significant difficulty for us to repair the item or it is not a reasonable request considering the value of the item and the significance of the defect, we will let you know. We will proceed in the same way if we evaluate your request for the delivery of a new item as unreasonable due to 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 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? In some situations, it will be possible to withdraw from the purchase contract and request a refund of 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 when you can withdraw from the purchase contract and request a refund of the purchase price:
8.3.1 we refuse to remedy the defect in the goods or we have not repaired the defect within a reasonable time;
8.3.2 it will be apparent from our statement or otherwise that the defect will not be rectified within a reasonable time or without significant inconvenience to the buyer;
8.3.3 the defect of the goods manifests itself repeatedly; or
8.3.4 this is a material breach of the purchase contract.
8.4 When will it be possible to request a reasonable discount from the purchase price of the goods? In some situations, you will be able to request a reasonable 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 remedy the defect in the goods or we have not repaired the defect within a reasonable time;
8.4.2 it will be apparent from our statement or otherwise that the defect will not be rectified within a reasonable time or without significant inconvenience to the buyer;
8.4.3 the defect of the goods manifests itself repeatedly; or
8.4.4 this is a material breach of the purchase contract.
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, when you notify us of the defect or without undue delay after notification of the defect. You cannot change the choice you have made without our consent; this does not apply in the event that you request the repair of a defect that turns out to be irreparable.
8.6 Return of original goods. When settling a claim 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 (and cannot withdraw from the purchase contract either) if he cannot return the goods in the condition in which he received them. This does not apply if you used the goods before the defect was discovered or if the condition changed when the defect was discovered. Furthermore, even if the goods cannot be returned in their original condition through no fault of yours.
8.7 When will the complaint process be closed? The complaint process is closed within 3 weeks from the exercise of the right from defects, unless we agree otherwise.
8.8 Termination of complaint. If the claimed goods were sent to us for a claim by the carrier, they will be automatically sent to your address after it has been processed, together with a confirmation of the date and method of processing the claim, including a confirmation of the implementation of the remedy and the duration of the claim, or the justification for rejecting the claim.
8.9 Obligation upon acceptance of claimed goods. You are also obliged to check the completeness of the claimed goods upon receipt, in particular that the shipment of goods contains everything it is supposed to contain. Later objections will no longer be taken into account.
9. Protection of personal data
9.1 Personal data processing policy. More information about what personal data we process, how, for what purpose and for how long it is processed, can be found in our personal data processing policy.
10. Force majeure
10.1 What is force majeure. For the purposes of these GTC, any obstacle that has occurred independently of our will and prevents it from fulfilling its obligation is considered force majeure, if it cannot reasonably be assumed that we could avert, overcome or foresee this obstacle or its consequences. Excretory effects
liability is limited only for the duration of the obstacle with which these effects are associated.
11. Alternative dispute resolution
11.1 Out-of-court dispute resolution. The Czech Trade Inspection is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at the internet address https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and by the customer from the purchase contract.
11.2 European Consumer Center of the Czech Republic. European Consumer Center Czech Republic, with registered office Štěpánská 567/15, 120 00 Prague 2, internet address: https://evropskyspotrebitel.cz is the contact place according to Regulation (EU) No. 524/2013 of the European Parliament and Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer disputes online).
11.3 Complaints. Before starting out-of-court dispute resolution, we recommend contacting our e-mail address shop@pelek.eu. We always try to solve the dispute amicably first. Your complaints
will be processed within 2 working days at the latest (48 hours, this time may be extended by non-working days and national holidays, which are common within the Czech Republic).
12. Final section, including applicable law and jurisdiction
12.1 Commitment to respect consumer rights. Should the provisions of these GTC be in conflict with legal regulations for consumer protection, the law takes precedence and we undertake to comply with it.
12.2 Invalid or ineffective provision of GTC. If any provision of the GTC is invalid or ineffective, or becomes so, then instead of the invalid provisions there will be a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
12.3 Legal. In the event of the existence 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 of laws that refer to another legal order. However, by this choice of law, the consumer user may not be deprived of the protection provided by the provisions of the legal system of the country of his habitual residence. The contracting parties agree to expressly exclude the use of the UN Convention on Contracts for the International Sale of Goods. According to Article 6(2) of the Rome I Regulation, the mandatory provisions of the law that would be applicable without this clause will always apply.
12.4 Disputes and Jurisdiction. The contracting parties further agree that the courts of our headquarters will always be locally competent to resolve any disputes arising from the purchase contract, where there is an international element. . This does not affect the rights of 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 provisions 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 General Terms and Conditions is voluntary, but unfortunately a purchase contract cannot be concluded without their acceptance.
12.7 Validity of GTC. These GTC are valid from 01.01.2024 and cancel the validity of the previous terms and conditions