General Terms and Conditions
PELEK Distribution s.r.o. for the sale of goods through the online shop located at pelek.eu under the name PELEK Distribution s.r.o.
Contents
- Contact details
- Basic Terms
- Information for customers before concluding the sales contract
- Process of concluding the sales contract
- Price of goods and payment methods
- Delivery of goods and place of performance
- Rights arising from defective performance
- Methods of handling and closing a complaint
- Personal data protection
- Force majeure
- Out-of-court dispute resolution
- Final provisions, including applicable law and jurisdiction
1. Contact details
1.1 Online shop operator:
PELEK Distribution s.r.o.
Registered office: Vlkova 532/8, 13000 Prague, Czech Republic
Company ID: 26719941
VAT ID: CZ26719941
Authorized representative: Sergii Kryvulia
Registration court / Commercial Register: Municipal Court in Prague Registration number: 231166
Business address: Peterská nám. 2, 11000 Prague,
(hereinafter referred to as the "seller" or "we")
Telephone: +420 705 724 353
Email: info@pelek.eu
Customer service: Customer support is available at the telephone number and email address above on business days from 9:00 to 17:00.
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 a sales contract (hereinafter referred to as the "sales contract") concluded between us and consumers or entrepreneurs (hereinafter referred to as the "customer" or "you") through PELEK Distribution s.r.o. at pelek.eu.
2.2 Online shop. The seller's online shop (hereinafter referred to as the "online shop") is operated on the website pelek.eu by PELEK Distribution s.r.o.
2.3 What can you buy from us? In our online shop You can purchase goods displayed and offered by PELEK Distribution s.r.o.. If the goods are offered with a licence for use, you can purchase that as well.
2.4 Who is considered a consumer? A consumer is any natural person who, outside the scope of their business activities or independent professional practice, enters into a sales contract with us or otherwise deals with us (hereinafter referred to as the "consumer"). The online shop is intended only for consumer customers. Sales to companies are not possible.
2.5 Goods with digital content. These Terms and Conditions apply appropriately to contracts for the delivery of goods with digital content, unless otherwise stipulated. 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 delivery of physical data carriers used exclusively as carriers of digital content, unless otherwise stated. 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, we inform customers that old electrical appliances may be handed over free of charge for environmentally responsible disposal at: Kirilovova 181, 739 21 Paskov.
3. Information for customers before entering into the purchase contract
3.1 Seller's authorization and supervisory authorities. We are authorized to sell goods under a trade license. Trade licensing inspections are carried out by the relevant trade licensing office within its jurisdiction. Personal data is supervised by the Office for Personal Data Protection. Compliance with Act No. 634/1992 Coll., on consumer protection, is supervised within the specified scope, among others, by the Czech Trade Inspection Authority.
3.2 Illustrative nature. The photographs displayed on our website are for illustrative purposes only.
3.3 Additional costs. We do not charge any additional costs for means of distance communication (e.g., if you call us, you pay only your usual telephone call rate).
3.4 Consumers have the right to withdraw from the purchase contract without giving a reason, for at least 14 days, beginning no later than on the day the goods are received (or the last item, partial delivery, etc.). The seller may extend this period. To meet the deadline, it is sufficient to send notice of exercising the right of withdrawal before it expires.
3.5 Withdrawal form for the purchase contract. To exercise the right of withdrawal, you must make an unequivocal statement - by email, telephone, or at our address. You may use the model form, but this is not required.
3.6 When withdrawal from the purchase contract is not possible. The consumer is not entitled to withdraw from the following contracts:
3.6.1 for the delivery of goods that have been modified or manufactured according to the customer's requirements or for the customer personally;
3.6.2 for the delivery of goods whose price depends on fluctuations in the financial market beyond our control, which may occur during the withdrawal period;
3.6.3 for the delivery of goods that are perishable or goods that have been irreversibly mixed with other goods after delivery;
3.6.4 for the delivery of goods in sealed packaging that the consumer cannot return after opening for hygiene or health reasons; this also applies to audio or video recordings and software if the customer has broken their original packaging;
3.6.5 for accommodation, transport of goods, rental of vehicles, catering, or leisure activities, if performance is to take place on a specific date or during a specific period.
3.6.6 for the supply of newspapers, periodicals, or magazines, except for subscription agreements.
3.6.7 for the provision of services once they have been fully performed; for services provided for payment, only if performance began with the consumer’s express consent before the expiry of the withdrawal period and the consumer was informed that withdrawal would terminate the right to withdraw.
3.6.8 for urgent repairs or maintenance to be performed at the consumer’s express request; this does not apply to repairs or supplies of spare parts other than those requested.
3.6.9 for the supply of digital content that was not supplied on a tangible medium and whose supply began with the consumer’s express consent before the expiry of the withdrawal period, and the buyer was informed that they would have no right to withdraw in such a case.
3.7 Value of Returned Goods and Return Costs. The customer bears the direct costs of returning the goods. If the value of the returned goods exceeds CZK 990 (excluding postage, CZK 990.01), the seller bears the return costs.
3.8 Refund of the Purchase Price. If you withdraw within the specified period, we are obliged to refund the purchase price (excluding additional costs if you chose a delivery method other than the least expensive one) using the same payment method, no later than 14 days after receiving the returned goods or proof that they were sent. We are not obliged to refund the price until the goods have been returned.
3.9 Address for Sending Returned Goods. A return label is usually available in the user account on pelek.eu. If it was not provided, use the following address: Kirilovova 181, 739 21 Paskov. Alternatively, contact us by email at info@pelek.eu or by phone.
+420 705 724 353 to arrange an individual procedure.
3.10 Gifts. If a gift was provided with the goods, a gift agreement is concluded subject to a resolutory condition - withdrawal from the purchase agreement also renders the gift agreement ineffective, and the customer is obliged to return the gift together with the goods.
4. Process of Concluding the Purchase Agreement
4.1 Placing an Order. The customer may select one or more products by adding them to the virtual shopping cart, where they may change the quantity or delete items. After clicking “Checkout,” they enter the delivery details and select a payment method. Before completing the order, they have the opportunity to review and correct it. The process is completed and the purchase agreement is concluded by clicking “Order with obligation to pay.”
4.2 Acceptance of the Terms and Conditions. By submitting an order, you confirm that you have familiarized yourself with these Terms and Conditions and agree to them and to the personal data processing policy.
4.3 Consent of the legal representative of a minor customer. A minor's purchase requires the prior consent of their legal representative.
4.4 Product characteristics. Before submitting the order, the customer is required to familiarize themselves with the characteristics, type, and recommended method of use of the goods. By submitting the order, they confirm that they know and understand them.
4.5 Order confirmation. The seller will confirm receipt of the order by e-mail within 2 business days. This confirmation is for information purposes only - the purchase contract was concluded when you clicked the “Order with obligation to pay” button.
4.6 Contract language. The language of the contract is Czech.
4.7 Obligations under the purchase contract. By concluding the contract, we undertake to hand over the purchased goods to you and enable you to acquire title to them. You undertake to accept the goods and pay their price.
4.8 Copy of the GTC and withdrawal form. The customer will receive a copy of the concluded contract, i.e. the current version of the GTC, and consumers will also receive a withdrawal form for use within the statutory period.
5. Price of goods and payment methods
5.1 Price. All product prices are stated in Czech koruna (CZK) and include VAT.
5.2 Payment options. The payment methods for the price of the goods and any delivery costs are listed on the page describing the seller. We reserve the right not to offer a particular payment method in individual cases. The customer may choose:
5.2.1 PayPal (The customer is redirected to PayPal, where they pay the price from their PayPal account in accordance with the PayPal 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. If a price of CZK 0 or a price unreasonably below the market price (i.e. lower than our purchase price) is displayed, we reserve the right to remove the item from the proposal to conclude the purchase contract. You will be informed of this by e-mail.
5.4 Invoice format. We have agreed that invoices will be sent electronically to your e-mail address.
5.5 Full payment of the purchase price. We reserve title to the goods until the purchase price under the relevant purchase contract has been paid in full.
6. Delivery of goods and place of performance
6.1 Delivery of goods. The goods will be delivered within the delivery period specified for the relevant type. We undertake to deliver the goods no later than within 30 days. We will inform you of any changes to the delivery date. In addition to the purchase price, you are required to pay the packaging and delivery costs, or any surcharge for the selected payment method. Unless expressly stated otherwise, the price includes delivery. Before concluding the contract, you will be informed of the final price, including packaging and postage.
6.2 Delivery address. The goods are delivered to the address specified by the customer in the order.
6.3 Shipping method. The customer may choose the delivery method to any address specified in the order.
6.4 Repeated delivery and costs. If, through your fault, it is necessary to deliver the shipment repeatedly or in a manner other than agreed, you shall pay the associated costs.
6.5 Receipt of goods. The risk of damage and accidental deterioration of quality passes to the customer upon receipt. If the customer was to receive the goods from the carrier, the risk passes when the customer was given the opportunity to handle the goods, but not before the stated delivery time.
6.6 Customer's obligation upon receipt. Upon receipt, you are required to inspect the goods, in particular whether you received the correct type, whether they are of the agreed quality, and whether the packaging contains everything specified. If the shipment is visibly damaged by the carrier, you are required not to accept it at all. We are not liable for damage caused by the carrier or for late delivery, regardless of the cause.
6.7 Damage incurred by the seller due to non-acceptance. If a consumer customer does not accept the shipment, the goods are returned to the seller, and the customer does not withdraw from the contract within 14 days of the unsuccessful delivery, the seller is entitled to claim reimbursement of the costs charged by the carrier. These costs constitute damage caused by the customer's breach of obligations.
7. Rights arising from defective performance
7.1 Defective performance. This section of the General 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 to claim for defective goods. Defective goods must be claimed without undue delay after the defect is discovered. Otherwise, a court would not grant the right arising from defective performance. Defects may be claimed within 24 months of receipt. This does not apply to goods for which a shelf life is specified. In this case, the provisions on quality warranties (contractual warranty) apply.
7.3 What happens after 24 months? Once the 24-month period has expired, defects can no longer be claimed. The period is extended by the time during which you were unable to use the goods because they were undergoing a claims procedure. Some products must be used in accordance with the instructions; otherwise, they may be damaged, in which case the claim cannot be accepted.
7.4 Contractual warranty. If a voluntary contractual warranty longer than 24 months was provided, defects may be claimed during that period. The period is extended by the time during which you were unable to use the goods due to a valid claim.
7.5 Presumption of a defect. If a defect becomes apparent within 12 months of receipt, the goods are presumed to have been defective upon receipt unless we prove otherwise.
7.6 Cases for which we are not liable:
7.6.1 the defect existed upon receipt and a discount had been agreed,
7.6.2 the defect arose from normal wear and tear or from the nature of the goods,
7.6.3 the defect was caused by improper storage, maintenance, or mechanical damage under unsuitable conditions,
7.6.4 the goods were modified by the customer and the defect arose as a result of this modification,
7.6.5 use in an unsuitable environment (temperature, humidity, chemical influences, etc.),
7.6.6 the defect arose due to an external event beyond our control (e.g. a natural disaster).
7.7 How to submit a claim. Exercise your rights arising from defects through your account on pelek.eu; based on this, we will contact you regarding the next steps. Alternatively, you can contact us directly by email.
7.8 Confirmation of the claim. After you send the message, we will contact you within 2 working days. The claim is considered submitted when the necessary information is received.
7.9 Delivery of the claimed goods. You must return the goods complete and undamaged (except for the claimed defect), ideally in the original packaging. We will collect the goods at our own expense to remedy the defect. We will agree on the next steps.
7.10 Confirmation. After receiving the claimed goods, you will receive confirmation of receipt and its contents at the email address provided.
8. Methods of resolving and closing a claim
8.1 What affects my options. You have the right to request that the defect be remedied by choosing:
8.1.1 repair of the item, 8.1.2 delivery of a new item or
8.1.3 delivery of the missing part.
The request must not be unreasonable. If repairing the item would involve considerable difficulty or would not be proportionate to its value, we will let you know. The same applies to an unreasonable request for delivery of a new item.
8.2 In the event of a material breach of contract. You have the right to withdraw from the purchase contract or request a reasonable discount on the price.
8.3 When you can request a refund of the purchase price:
8.3.1 we refuse to remedy the defect or fail to do so within a reasonable period;
8.3.2 it is obvious that the defect will not be remedied in time or without significant difficulty;
8.3.3 the defect occurs repeatedly;
8.3.4 the contract has been materially breached.
8.4 When you can request a discount on the purchase price: (the same cases as above).
8.5 Choice of method for remedying the defect. You must inform us which right you are exercising when reporting the defect or without undue delay afterwards. You cannot change your choice without our consent, unless the chosen remedy proves impossible.
8.6 Return of the original goods. If the claim is resolved by delivering new goods, you are obliged to return the original goods (unless we agree otherwise). You may not request new goods or withdraw from the contract if you cannot return the goods in the condition in which you received them - this does not apply if the condition changed as a result of discovering the defect or through no fault of your own.
8.7 Closure of the claim. The claims procedure will be completed within 3 weeks of exercising your rights arising from defects, unless we agree otherwise.
8.8 Conclusion of the claim. If the claimed goods were sent by a carrier, they will be automatically sent back to your address after the claim has been resolved, together with confirmation of the method and date of resolution or the reasons for rejection.
8.9 Obligation upon receipt. Upon receiving the resolved claim, check that the shipment is complete. Later objections will not be accepted.
9. Personal Data Protection
9.1 Personal data processing principles. More information about the personal data processed, the manner, purpose, and period of processing can be found in our personal data processing principles.
10. Force majeure
10.1 What constitutes force majeure. For the purposes of these GTC, force majeure means any obstacle arising independently of our will that prevents us from fulfilling an obligation, where it cannot reasonably be expected that we could avert or overcome the obstacle or its consequences. The exclusionary effects on liability last only for the duration of the obstacle.
11. Out-of-court dispute resolution
11.1 Out-of-court resolution of consumer disputes. The Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, Company ID No. 000 20 869, is competent for out-of-court resolution of disputes arising from the contract, https://adr.coi.cz/cs . You can find the EU online dispute resolution platform at https://ec.europa.eu/consumers/odr .
11.2 European Consumer Centre Czech Republic. European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, https://evropskyspotrebitel.cz , is the contact point under Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes.
11.3 Complaints. Before initiating out-of-court resolution, we recommend contacting us at info@pelek.eu . We strive to resolve disputes amicably. We will handle your complaints within 2 business days (48 hours; this period may be extended by weekends and public holidays).
12. Final provisions, including applicable law and jurisdiction
12.1 Commitment to respect consumer rights. If any provision of these GTC conflicts with consumer protection legislation, the law takes precedence and we comply with it.
12.2 Invalid provision of the GTC. If any provision is invalid or becomes invalid, it shall be replaced by a provision closest in meaning. The invalidity of one provision does not affect the validity of the others.
12.3 Governing law. Where there is an international element, our legal relationship is governed by the laws of the Czech Republic, excluding conflict-of-law rules. However, this choice of law may not deprive the consumer of the protection afforded by the law of the country of their habitual residence. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods. Pursuant to Article 6(2) of the Rome I Regulation, the mandatory provisions of the law that would apply in the absence of this clause shall always apply.
12.4 Disputes and jurisdiction. The contracting parties have agreed that, where there is an international element, the courts having jurisdiction are those at the seller's registered office. This does not affect consumers' rights under special legislation.
12.5 If we agree on different terms. The provisions of the GTC form an integral part of the purchase contract. Agreements deviating from the GTC take precedence.
12.6 Acceptance of the GTC required to conclude the contract. Acceptance of these GTC is voluntary; however, the purchase contract cannot be concluded without it.
12.7 Effective date of the GTC. These GTC are effective from 1 January 2024 and supersede the previous terms and conditions.
