General Terms and Conditions
PELEK Distribution s.r.o. for the sale of goods through the online store located at pelek-hr.com under the name PELEK Distribution s.r.o.
Contents
- Contact details
- Basic terms
- Information for customers before concluding a sales contract
- Sales contract conclusion process
- Price of goods and payment methods
- Delivery of goods and place of performance
- Rights arising from defective performance
- Methods of handling and concluding a complaint
- Personal data protection
- Force majeure
- Alternative dispute resolution
- Final provisions, including applicable law and jurisdiction
1. Contact details
1.1 Online store 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
Commercial Court / Commercial Register: Municipal Court in Prague Registration number: 231166
Business address: Peteřska nam 2, 11000 Prague,
(hereinafter referred to as the “seller” or “we”)
Telephone: +420774242766
Email: shop@pelek.eu
Customer support: We provide our customers with customer support at the telephone number and email address stated above on business days from 9:00 a.m. to 5:00 p.m.
2. Basic terms
2.1 These General Terms and Conditions (hereinafter referred to as the “GTC”) of the seller govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the sales contract (hereinafter referred to as the “sales contract”)
by concluding an agreement between us and the consumer or entrepreneur (hereinafter referred to as the “customer” or “you”) through PELEK Distribution s.r.o. on pelek-hr.com.
2.2 Online store. The seller’s online store (hereinafter referred to as the “online store”) is operated on the website pelek-hr.com PELEK Distribution s.r.o.
2.3 What can you buy from us? In our online store PELEK Distribution s.r.o. you can buy the goods we display and offer. If offered with the goods, you can also purchase a license to use them.
2.4 Who is considered a consumer? A consumer is any natural person who, outside the scope of their business activities or outside the scope of independently pursuing their profession, enters into a sales contract with us or otherwise acts in a legal capacity with us (hereinafter referred to as the “consumer”). The online store is intended exclusively 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 T&Cs 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 media used exclusively as carriers of digital content, these T&Cs apply accordingly unless otherwise specified. Digital content means data created and provided in digital form.
2.7 Disposal of electrical appliances. In accordance with the obligations laid down in Section 38 of Act No. 185/2001 Coll., on waste, as amended by subsequent legislation, we inform customers that old electrical appliances may be handed over free of charge for disposal at the following address: Kirilovova 181, 739 21 Paskov, .
3. Notices to customers before concluding the purchase agreement
3.1 Authorization of the seller and supervisory authorities. We are authorized to sell the goods on the basis of a trade license. Trade activities are supervised within their jurisdiction by the competent trade licensing office. Personal data is supervised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things and to a certain extent, compliance with Act No. 634/1992 Coll., on consumer protection.
3.2 Illustrative nature. The photographs you see on our website are for illustrative purposes only.
3.3 Additional charges. We do not charge any additional fees for telecommunications services (e.g.
if you call us on our telephone number, you will pay only your usual telephone call rate).
3.4 Consumers have the right to withdraw from the purchase agreement without giving any reason, within at least 14 days, beginning no later than on the day the goods are received (or the last product, partial shipment, or last item in the case of an agreement for several items of goods from one order, or delivery of goods in several partial shipments or items). The seller may provide a longer period. To meet the deadline, it is sufficient to send notice of exercising the right to withdraw from the agreement before the end of that period.
3.5 Withdrawal form for the sales contract. To exercise your right of withdrawal from the contract, you must notify us clearly by email, telephone or post, or by another means if applicable. For this purpose, you may use the attached withdrawal form for the sales contract, but this is not obligatory.
3.6 When you cannot withdraw from the sales contract. The buyer is not entitled to withdraw from the following contracts:
3.6.1 on the supply of goods that have been customized and/or created at the buyer’s request or for their personal use;
3.6.2 on the supply of goods whose price depends on fluctuations in financial markets independent of our control, which may occur during the withdrawal period for the sales contract;
3.6.3 on the supply of goods subject to rapid deterioration, as well as goods that have become irreversibly mixed with other goods after delivery;
3.6.4 on the supply of goods in sealed packaging, which the consumer has removed from the packaging and which, for health protection or hygiene reasons, is unsuitable for return after the consumer has opened it, which also applies to audio or video recordings and computer software, if the buyer has opened their original packaging;
3.6.5 on accommodation, transportation of goods, rental of a means of transport, catering or leisure activities, if the contract is to be performed on a specific date or during a specific period;
3.6.6 on the supply of newspapers, periodicals or magazines, except for subscription contracts for their supply;
3.6.7 on the provision of services, if they have been fully provided; in the case of performance for payment, only if performance began with the consumer’s prior express consent before the expiry of the withdrawal period and the trader informed the consumer before concluding the contract that the right of withdrawal would cease once performance was completed;
3.6.8 on urgent repairs or maintenance to be carried out at a place designated by the consumer at their express request; however, this does not apply to the performance of other unsolicited repairs or the supply of goods other than spare parts necessary to perform the repair or maintenance;
3.6.9 on the supply of digital content, if it was not supplied on a tangible medium and was supplied with your prior express consent before the expiry of the withdrawal period for the sales contract, and we informed you before concluding the sales contract that in such a case you have no right to withdraw from the sales contract.
3.7 Value of the returned product and related return costs. You bear the direct costs of returning the product. If the value of the returned product exceeds EUR 40 (EUR 40.01 excluding postage), the seller bears the return costs.
3.8 Refund of the purchase price. If you withdraw from the purchase agreement within the withdrawal period, we are obliged to refund the purchase price to you (excluding any additional costs if you chose a delivery method other than the cheapest standard delivery offered by the seller), using the same payment method as used for the original transaction, unless we agree otherwise, no later than 14 days from the date on which we receive the returned item or are reliably provided with proof that it has been sent. You will not be charged any costs for this refund. If we do not receive the goods back, we are entitled to withhold the refund.
3.9 Address for sending returned products. The return label is usually available in the customer account at pelek-hr.com. If we have not provided a product return label, use the following address to send the product: Kirilovova 181, 739 21 Paskov, . Please contact us via email at shop@pelek.eu or by telephone at 601548120 so that we can ensure your rights regarding the product return and agree on an individual procedure.
3.10 Gift. If a gift is provided to the customer together with the product, the gift agreement between us and the customer is concluded on the condition that, if the customer or we withdraw from the purchase agreement, the gift agreement concerning such gift becomes ineffective and the customer is obliged to return the gift to us together with the product.
4. Process of concluding the purchase agreement
4.1 Placing an order. The customer may select one or more products by placing them in a virtual shopping cart, where the customer can view the selected products, change their quantity, or remove them from the cart. By clicking the “Checkout” button, the customer is prompted to enter delivery information and select a payment method. Before completing the order, the customer may review and modify the information entered in the order, including any customer details. By clicking the “Order with obligation to pay” button, the ordering process is completed and the purchase agreement is concluded.
4.2 Acceptance of the Terms and Conditions. By submitting an order, you confirm that you have read and agree to these Terms and Conditions and our personal data processing policy.
4.3 Consent of the legal representative for a minor Buyer. If a minor Buyer makes a purchase in our online store, this requires the prior consent of their legal representative.
4.4 Product characteristics. The Buyer is obliged to familiarize themselves with the characteristics, type, and recommended method of use of the goods before completing the order. By placing the order, the Buyer confirms that they have familiarized themselves with this information and understand it.
4.5 Order confirmation. The Seller confirms receipt of the Buyer's order by sending the Buyer an order confirmation by email. This order confirmation serves solely to inform the Buyer that the order has been received and will be processed no later than within 2 business days of the Buyer placing the order. The sales contract is already concluded when the button „Order with obligation to pay“ is pressed.
4.6 Contractual language. The contractual language is Croatian.
4.7 Obligations arising from the sales contract. By concluding the sales contract, we undertake to deliver the purchased goods and enable you to acquire ownership of the goods. By concluding the sales contract, you undertake to accept the goods and pay us the price of the goods.
4.8 Copies of the GTC and the withdrawal form for the sales contract. The Buyer will receive a copy of the concluded sales contract, i.e. the current text of these GTC. A consumer Buyer will also receive a withdrawal form for the sales contract within the statutory period.
5. Price of the goods and payment methods
5.1 Price. All product prices are stated in euros (EUR) and include VAT.
5.2 Payment options. You can also find the payment methods for the price of the goods and any costs related to the delivery of the goods on the seller's description page. We reserve the right, in individual cases, not to offer the Buyer a particular payment method for the goods. The Buyer has the option of:
5.2.1 PayPal (The Buyer is redirected to PayPal, where they pay the purchase price from their PayPal account and 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 product price. If an unrealistic price of EUR 0 is displayed, or a significantly below-market price is displayed, where a below-market price is considered to be one that is below our purchase price, we reserve the right to remove this item from your proposal to conclude a sales contract. You will be notified of this at your email address.
5.4 Form of invoices. We agree that invoices will be sent electronically to your email address.
5.5 Full payment of the purchase price. We retain ownership of the goods supplied to customers until the purchase price has been paid in full under the applicable sales contract.
6. Delivery of goods and place of performance
6.1 Delivery of the goods. The goods will be delivered within the delivery period specified for the particular type of goods. We always undertake to deliver the goods within no more than 30 days. We will always inform you of any changes to the delivery time
We will always inform you of any changes to the delivery time. In addition to the purchase price, you are required to pay us any costs associated with packaging and delivery of the goods in the agreed amount, as well as a surcharge for the selected payment method. Unless expressly stated otherwise, the purchase price also includes costs associated with delivery of the goods. Before concluding the sales contract, you will be informed of the final price, including packaging and transportation costs.
6.2 Delivery address. The goods are delivered to the address specified by the customer in the order.
6.3 Delivery method. The customer may choose the method of delivery of the goods to any address specified in the order.
6.4 Redelivery and related costs. If, for reasons attributable to you, the goods need to be delivered again or in a manner different from that specified in the order, you are required to pay the costs associated with redelivery of the goods or the costs associated with the alternative delivery method.
6.5 Receipt of the goods. When the customer receives the goods, the risk of damage and accidental deterioration of the quality of the purchased goods passes to the customer. If the customer was supposed to receive the goods from the carrier, it passes
the risk of accidental destruction and accidental deterioration of the quality of the purchased goods passes to the customer when the customer is enabled to take possession of the goods, but not before the stated delivery time.
6.6 Customer's obligation upon receipt of the goods. Upon receiving the goods, you are required to inspect them and verify their characteristics (in particular, whether you received the correct type of goods, whether the goods are of the agreed quality, and whether their packaging contains everything it should according to the instructions). In the event of visible damage to the shipment caused by the carrier, the customer must not accept such a shipment from the carrier at all. We assume no liability for damage caused by the carrier or for delays in delivery of the goods, regardless of the reason for the delay.
6.7 Damage that may be caused to the seller by failure to accept the goods. If a consumer buyer fails to accept the goods when they are delivered by the carrier, the goods are then returned to the Seller, and the consumer buyer does not withdraw from the sales contract within 14 days of the failed delivery, the seller is entitled to demand from the buyer the costs charged by the carrier for returning the goods to the seller. This cost constitutes damage suffered by the seller as a result of the buyer's breach of statutory obligations.
7. Rights arising from defective performance
7.1 Defective performance. This section of the T&Cs regulates the rights and obligations involved in exercising rights arising from defective performance in the sale of goods between us as the seller and you as the buyer.
7.2 When to report defective goods. You must notify us of defects in the goods (report them) without undue delay after the defect appears. Otherwise, a court would not recognize your right to proper performance. You have the right to assert a defect that appears in consumer goods within 24 months of accepting those goods. This does not apply to goods for which the packaging, label, instructions supplied with the goods, or advertising, in accordance with other legal regulations, specifies a period during which the goods may be used. The provisions on quality guarantees (contractual guarantees) apply here.
7.3 What happens after 24 months have expired? After 24 months have expired, it is no longer possible to assert defects in the goods. Where possible for specific goods, this period is extended by the time during which you were unable to use the goods because they were undergoing a justified claims procedure. Although we always strive to resolve claims to your satisfaction, some goods must be handled according to the instructions stated on the packaging/label/instructions; otherwise, they may be damaged.
7.4 Contractual guarantee. If a voluntary contractual guarantee longer than 24 months from acceptance of the goods is provided for specific goods, you may assert defects in the goods during that period. The period is extended by the time during which you were unable to use the goods because they were undergoing a justified claims procedure.
7.5 Presumption that the goods are defective. If a defect appears within 12 months of acceptance of the goods, it is presumed that the goods were already defective upon acceptance, unless we prove otherwise.
7.6 Which defects are we not liable for? We are not liable to you for defects in the following cases: 7.6.1 if the goods were defective at the time of acceptance and a discount on the purchase price was agreed for that defect,
7.6.2 the defect arose from wear and tear caused by normal use, or results from the nature of the goods,
7.6.3 caused by you and resulting from improper storage, improper maintenance, your interventions, or mechanical damage, all under conditions whose temperature, dust, humidity, and other environmental effects do not comply with those directly specified by us or the manufacturer (usually in the instructions or on the product label), or which arise from legal regulations,
7.6.4 the goods were modified by the buyer and the defect arose as a result of that modification,
7.6.5 use of the goods in conditions whose temperature, dust, humidity, chemical, and mechanical environmental effects do not comply with those directly specified by the seller or manufacturer, or which arise from legal regulations,
7.6.6 the defect was caused by an external event beyond our control (e.g. a natural disaster).
7.7 What do I need to do to exercise my rights regarding a defect in the goods? To exercise your rights regarding defects in the goods, contact us through your user account at pelek-hr.com; based on this, we will contact you and agree on the further procedure. Alternatively, contact us directly at our email address.
7.8 Acknowledgment of receipt of the complaint. After you send a message exercising your right to file a complaint, we will contact you within 2 business days. The complaint is considered to have been filed when we receive your information regarding the exercise of your rights concerning the goods.
7.9 Returning the complained-about goods to the seller. The goods must be returned complete and undamaged (except for the reported defect), ideally in their original undamaged packaging so that we can comply with the principles of proper hygiene. We will collect the goods at our own expense to remedy the defect. We will contact you to agree on the further procedure.
7.10 Acknowledgment. After we receive the complained-about goods, we will send you confirmation of receipt of the complaint and its contents to the email address you selected.
8. Methods for resolving and concluding a complaint
8.1 What affects my options. You will have the right to request removal of the defect that has occurred. At your own discretion, you may 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 a disproportionate request on your part. If repairing the item would cause us significant difficulties or would not be a proportionate request in view of the item's value and the significance of the defect, we will inform you accordingly. We will proceed in the same way if we assess your request for delivery of a new item as disproportionate in view of the defect or value of the goods.
8.2 If this constitutes a material breach of the sales contract. If the defect constitutes a material breach of the sales contract, you will have the right to withdraw from the sales contract or request a proportionate reduction in 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 sales contract and request a refund of the purchase price. This will not be possible when the defect in the goods is not significant. In which situations can you withdraw from the sales contract and request a refund of the purchase price:
8.3.1 we refuse to remedy the defect in the goods or have not remedied the defect within a reasonable period;
8.3.2 it is clear from our statement or another circumstance that the defect will not be remedied within a reasonable period or without significant inconvenience to the buyer;
8.3.3 the defect in the goods recurs; or
8.3.4 this constitutes a material breach of the sales contract.
8.4 When will it be possible to request a proportionate reduction in the purchase price of the goods? In some situations, you may request a proportionate reduction in the purchase price. This will not be possible when the defect in the goods is not significant. In which situations can you request a proportionate reduction in the purchase price?
8.4.1 we refuse to remedy the defect in the goods or have not remedied the defect within a reasonable period;
8.4.2 it is clear from our statement or another circumstance that the defect will not be remedied within a reasonable period or without significant inconvenience to the buyer;
8.4.3 the defect in the goods recurs; or
8.4.4 this constitutes a material breach of the sales contract.
8.5 You will inform us how you wish to resolve the complaint. You are required to inform us which remedy for non-conforming performance you have chosen, either when notifying us of the defect or without undue delay after notifying us of the defect. You may not change your choice without our consent; this does not apply if you request a repair of a defect that proves to be irreparable.
8.6 Return of the original goods. When resolving a complaint by delivering new goods, you are required to return the goods originally delivered to us (unless we agree otherwise). The buyer cannot request delivery of new goods (nor withdraw from the sales contract) if they cannot return the goods in the condition in which they received them. This does not apply if you used the goods before discovering the defect or if their condition changed while the defect was being established. This also applies if the goods cannot be returned to their original condition through no fault of your own.
8.7 When will the complaint process be closed? The complaint process is closed within 3 weeks of exercising your rights in relation to defects, unless we agree otherwise.
8.8 Completion of the complaint process. If the product subject to a complaint was sent to us for a complaint through a carrier, it will be automatically sent to your address once the complaint has been resolved, together with confirmation of the date and method of resolving the complaint, including confirmation that the defect was rectified and the duration of the complaint process, and, where applicable, an explanation for rejecting the complaint.
8.9 Obligation when collecting a product subject to a complaint. When collecting the product subject to a complaint, you are also required to check that it is complete, in particular that the shipment containing the goods includes everything it should contain. Later complaints will no longer be considered.
9. Personal data protection
9.1 Principles of personal data processing. More information about which personal data we process, how and for what purposes, and how long they are processed, can be found in our personal data processing principles.
10. Force majeure
10.1 What constitutes force majeure. For the purposes of these T&Cs, force majeure means any obstacle arising independently of our will that prevents us from fulfilling our obligations, provided that it cannot reasonably be assumed that we could eliminate, overcome, or foresee the obstacle or its consequences. The effects excluding
liability are limited only to the period during which the obstacle causing those effects persists.
11. Alternative dispute resolution
11.1 Out-of-court dispute resolution. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, company identification number: 000 20 869, website: https://adr.coi.cz/cs, is responsible for out-of-court resolution of consumer disputes arising from a sales contract. The online dispute resolution platform available at https://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer arising from a sales contract.
11.2 European Consumer Centre Czech Republic. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: https://evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution).
11.3 Complaints. Before initiating out-of-court dispute resolution, we recommend that you contact our email address shop@pelek.eu. We always first try to resolve the dispute amicably. Your complaints
will be resolved no later than within 2 business days (48 hours; this period may be extended by days off and public holidays customary in the Czech Republic).
12. Final provisions, including applicable law and jurisdiction
12.1 Obligation to respect consumer rights. If any provision of these GTC conflicts with statutory consumer protection regulations, the law shall prevail, and we undertake to comply with it accordingly.
12.2 Invalid or ineffective provision of the GTC. If any provision of the GTC is invalid or ineffective, or becomes so, a provision whose meaning is as close as possible to the invalid provision shall replace it. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3 Applicable law. Where an international element exists, we agree that our legal relationship shall be governed by the laws of the Czech Republic, excluding all conflict-of-law provisions referring to another legal system. However, this choice of law must not deprive a consumer of the protection afforded by the provisions of the legal system of the country of their habitual residence. The contracting parties expressly agree to 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, 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 additionally agree that, for resolving any disputes arising from the sales contract where an international element is present, the courts at our registered officeshall always have jurisdiction. This does not affect consumers’ rights under special legal regulations.
12.5 If we agree on different terms for concluding a sales contract. The provisions of the GTC form an integral part of the sales contract. Provisions that differ from the GTC may be agreed in the sales contract. Certain provisions of the sales contract take precedence over the provisions of the GTC.
12.6 Requirement to read the GTC to conclude a sales contract. Reading these GTC is voluntary; unfortunately, it is not possible to conclude a sales contract without reading them.
12.7 Validity of the GTC. These GTC are valid from 01.01.2024 and invalidate the previous terms and conditions.