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.

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 resolving and concluding a complaint
Personal data protection
Force majeure
Alternative dispute resolution
Final provisions, including governing 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

Personal identification number: 26719941

VAT ID: CZ26719941

Authorized representative: Sergii Kryvulia

Commercial Court / Commercial Register: Municipal Court in Prague Registration number: 231166

Business premises address: Peteřska nam 2, 11000 Prague,

(hereinafter referred to as the „seller“ or „we“)

Telephone:+420 705 724 353

Email: info@pelek.eu

Customer support: We provide customer support for our customers at the telephone number and email address listed 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 between us and the consumer or entrepreneur (hereinafter referred to as the „customer“ or „you“) via PELEK Distribution s.r.o. at 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, a license for use as well.

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 practicing their profession, enters into a sales contract with us or otherwise acts legally 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. These Terms and Conditions apply accordingly to contracts for the supply of goods with digital content, unless otherwise specified. 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 supply of physical media serving exclusively as carriers of digital content, unless otherwise specified. Digital content means data created and provided in digital form.

2.7 Return of electrical appliances. In accordance with the obligations stipulated by 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 sales contract

3.1 Authorization of the seller and supervisory authorities. We are authorized to sell goods on the basis of a trade license. Trade licensing inspections are carried out 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 carries out, within a certain scope, among other things, supervision of 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 costs. We do not charge any additional costs for telecommunications means (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 sales contract without stating a reason, at least within a period of 14 days, which begins no later than on the day the goods are received (or the last product, partial shipment, or last item in the case of a contract 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 comply with the deadline, it is sufficient to send notice of exercising the right to withdraw from the contract before the end of that period.

3.5 Withdrawal form. To exercise your right to withdraw from the contract, you must do so clearly, by email, telephone or post at our address, or by another means. For this purpose, you may use the attached withdrawal form, but this is not an obligation.

3.6 When you cannot withdraw from the sales contract. The customer is not entitled to withdraw from the following contracts:

3.6.1 for the supply of goods that have been customized and/or created at the customer's request or for their person;

3.6.2 for the supply of goods whose price depends on fluctuations in financial markets beyond our control, which may occur during the withdrawal period for the sales contract;

3.6.3 for the supply of goods liable to deteriorate rapidly, as well as goods that have become irreversibly mixed with other goods after delivery;

3.6.4 for the supply of goods in sealed packaging, which the consumer has removed from the packaging and which, for reasons of health protection or hygiene, is unsuitable for return after the consumer has opened it, which also applies to audio or video recordings and computer software, if the customer has opened their original packaging;

3.6.5 for accommodation, transport of goods, vehicle rental, catering or leisure activities, if the contract is to be performed on a specific date or during a specific period;

3.6.6 for the delivery of newspapers, periodicals or magazines, except subscription contracts for their delivery;

3.6.7 for the provision of services, if they have been fully provided; in the case of performance for consideration, 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 completion of the service would terminate the right to withdraw from the contract;

3.6.8 for urgent repairs or maintenance to be carried out at a place designated by the consumer at their express request; this does not, however, apply to the performance of other unsolicited repairs or the supply of goods other than spare parts necessary for carrying out the repairs or maintenance;

3.6.9 for 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 product 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 that used for the original transaction, unless we agree otherwise, no later than 14 days from the time 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 have the right 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 info@pelek.eu or telephone number 601548120 so that we can ensure your rights regarding the return of the product 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. Conclusion of 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 General Terms and Conditions. By submitting an order, you confirm that you have read and agree to these General 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, the prior consent of their legal representative is required.

4.4 Product characteristics. Before completing the order, the buyer must familiarize themselves with the characteristics, type, and recommended method of use of the goods. 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, at the latest within 2 working days of the buyer placing the order. The sales contract is already concluded when the button “Order subject to payment” is pressed.

4.6 Contract language. The contract 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 T&Cs 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 T&Cs. A consumer buyer will also receive the withdrawal form for the sales contract within the statutory period.

5. Price of 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 information page. We reserve the right, in individual cases, not to offer the buyer a particular payment method for the goods. The buyer may choose:

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 non-market price is displayed, where a non-market price is considered to be one 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 Invoice format. 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 relevant 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 relevant type of goods. We always undertake to deliver the goods within no more than 30 days. We will always notify you of any changes to the delivery time

we will always notify you. 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 the surcharge for the selected payment method. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods. Before concluding the sales contract, you will be informed of the final price, including packaging and transport 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 Acceptance of the goods. When the customer accepts the goods, the risk of damage and accidental deterioration in the quality of the purchased goods passes to the customer. If the customer was supposed to accept the goods from the carrier, it passes

the risk of accidental destruction and accidental deterioration in the quality of the purchased goods passes to the customer when the customer is given the opportunity to take possession of the goods, but not before the stated delivery time.

6.6 Customer's obligation upon accepting the goods. Upon accepting 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 the shipment from the carrier at all. We accept no liability for damage caused by the carrier or for delays in the delivery of the goods, regardless of the reason for the delay.

6.7 Damage that may be incurred by the seller if the goods are not collected. If a consumer buyer does not accept the goods upon their delivery by the carrier, the goods are subsequently returned to the Seller, and the consumer buyer does not withdraw from the sales contract within 14 days of the unsuccessful delivery of the goods, the seller has the right to demand from the buyer the costs charged by the carrier for returning the goods to the seller. This cost constitutes damage incurred 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 GTC governs the rights and obligations when exercising rights arising from defective performance in the sale of goods between us as the seller and the buyer as the purchaser.

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 receipt of those goods. This does not apply to goods for which the packaging, label, instructions accompanying the goods, or an advertisement in accordance with other legal regulations states the period during which the goods can be used. The provisions on quality guarantees (contractual guarantees) apply here.

7.3 What happens after the expiry of 24 months? After the expiry of 24 months, it is no longer possible to assert defects in the goods. If this is possible for specific goods, this period is extended by the time during which you were unable to use the goods because they were subject to a justified claim. 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 receipt 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 subject to a justified claim.

7.5 Presumption that the goods are defective. If a defect becomes apparent within 12 months of receipt of the goods, it is presumed that the goods were already defective upon receipt, 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 receipt and a discount on the purchase price was agreed for such defect,

7.6.2 caused by wear and tear resulting from normal use, or arising 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 that do not correspond in terms of temperature, dust, humidity, or other environmental influences and were directly specified by us or the manufacturer (usually in the instructions / on the goods' label), or 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 using the goods in conditions that do not correspond in terms of temperature, dust, humidity, or chemical and mechanical environmental influences, as directly specified by the seller or manufacturer, or arising from legal regulations,

7.6.6 the defect arose due to 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 next steps. Alternatively, contact us directly at our email address.

7.8 Confirmation of receipt of the complaint. After you send a message exercising your right to make a complaint, we will contact you within 2 business days. The complaint is deemed to have been made at the moment we receive the information from you 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 the original undamaged packaging so that we can comply with the principles of proper hygiene practice. We will collect the goods at our own expense to remedy the defect. We will contact you to agree on the next steps.

7.10 Confirmation. After receiving the returned goods, you will be sent confirmation of receipt of the complaint and its contents to your selected email address.

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. You may choose one of the following at your discretion:

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 likewise proceed 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 may 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 it 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 may 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 it 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 obliged to inform us which remedy for non-conforming performance you have chosen, either when notifying us of the defect or without unnecessary delay after notifying us of the defect. You cannot change your choice without our consent; this does not apply if you request repair of a defect that proves impossible to repair.

8.6 Return of the original goods. When resolving a complaint by delivering new goods, you are obliged to return the goods that were originally delivered to us (unless we agree otherwise). The buyer cannot demand 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 claims process be closed? The claims process is closed within 3 weeks of exercising the rights arising from defects, unless we agree otherwise.

8.8 Completion of the claim. If the claimed product was sent to us for a claim via a carrier, it will automatically be sent to your address after the claim has been resolved, together with confirmation of the date and method of resolving the claim, including confirmation that the defect has been corrected and the duration of the claim, and, where applicable, an explanation for rejecting the claim.

8.9 Obligation upon collection of the claimed product. You are also obliged to check the completeness of the claimed product upon collection, in particular that the shipment containing the goods includes everything it should contain. Later complaints will no longer be taken into account.

9. Personal data protection

9.1 Principles of personal data processing. More information about which personal data we process, how we process it, for what purposes and for how long, can be found in our principles of personal data processing.

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 associated with those effects persists.

11. Alternative dispute resolution

11.1 Out-of-court dispute resolution. The Czech Trade Inspection Authority, based at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, website: https://adr.coi.cz/cs, is competent for the 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, based 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 for consumer disputes).

11.3 Complaints. Before initiating out-of-court dispute resolution, we recommend contacting us at our e-mail address info@pelek.eu. We always first try to resolve the dispute amicably. Your complaints

shall be resolved no later than within 2 working days (48 hours; this period may be extended by days off and public holidays customary in the Czech Republic).

12. Final provisions, including governing law and jurisdiction

12.1 Obligation to respect consumer rights. If any provision of these T&Cs 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 T&Cs. If any provision of the T&Cs is or becomes invalid or ineffective, it shall be replaced by a provision whose meaning is as close as possible to that of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.3 Governing law. Where an international element exists, we agree that our legal relationship will be governed by the laws of the Czech Republic, excluding all conflict-of-laws 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 in which they habitually reside. 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 further agree that the courts at our registered officeshall always have jurisdiction to resolve any disputes arising from the sales contract where an international element is present. This does not affect consumers' rights under special legal regulations.

12.5 If we agree on different terms for concluding the sales contract. The provisions of the T&Cs form an integral part of the sales contract. Provisions differing from the T&Cs may be agreed in the sales contract. Certain provisions of the sales contract take precedence over the provisions of the T&Cs.

12.6 Necessity of reading the T&Cs to conclude a sales contract. Reading these T&Cs is voluntary; unfortunately, it is not possible to conclude a sales contract without reading them.

12.7 Validity of the T&Cs. These T&Cs are valid from 01.01.2024 and invalidate the previous terms and conditions.

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