GENERAL TERMS AND CONDITIONS FOR B2C
General terms and conditions
Principal Elektrik sro for the sale of products through the online store located at pelek.eu under the name Principal Elektrik sro
Content
- Contact information
- Basic terms
- Communications to customers before the conclusion of the purchase contract
- Process of signing the purchase contract
- Product prices and payment methods
- Delivery of products and place of fulfillment
- Rights for defective performance
- Methods of claim resolution and finalization
- Protection of personal data
- Force Majeure
- Alternative dispute resolution
- Final part, including applicable law and jurisdiction
1. Contact information
1.1 Online store operator:
Principal Elektrik sro
Headquarters: Osadní 869/32, 17000 Prague, Czechia
IČO: 03402614
DIČ: CZ03402614
Authorized Representative: Sergii Kryvulia
Court of registration/commercial registration: Prague Municipal Court Registration number: 231166
Office address: Peteřska nam 2, 11000 Prague,
(hereinafter "the seller " or "we")
Telephone: +420774242766
Email: shop@pelek.eu
Customer Service: We provide customer support to our customers at the phone number and email address listed above during business days from 9:00 AM to 5:00 PM.
2. Basic terms
2.1 These general terms and conditions (hereinafter "VOP") of the seller regulate the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase contract (hereinafter "purchase contract").
concluded between us and consumers or entrepreneurs (hereinafter "customer" or "you") through Principal Elektrik sro at pelek.eu.
2.2 Online Store. The Seller's online store (hereinafter "Online Store") is operated on the website pelek.eu Principal Elektrik sro
2.3 What can you buy from us? In our online store, Principal Elektrik sro, you can purchase products we display and offer. If a license for the use of the product is offered, it is also included.
2.4 Who is considered a consumer? A consumer is any natural person who, outside the scope of their business activity or independent professional practice, enters into a purchase contract with us or otherwise acts legally (hereinafter "consumer"). The online store is intended solely for customers who are consumers. Sales to businesses are not possible.
2.5 Products with digital content. For contracts for the supply of products with digital content, these VOPs apply accordingly, unless otherwise provided. Digital content is understood to be data created and provided in digital form.
2.6 Products with digital elements. For contracts for the supply of physical data carriers that serve exclusively as digital content carriers, these VOPs apply accordingly, unless otherwise provided. Digital content is understood to be data created and provided in digital form.
2.7 Collection of household appliances. In accordance with the obligations imposed by Section 38 of Act 185/2001 Sb. on waste, as amended, we inform customers that old household appliances can be handed over free of charge for disposal at the following address: Kirilovova 181, 739 21 Paskov.
3. Communications to customers before the conclusion of the purchase contract
3.1 Seller Authorization and Supervisory Bodies. We are authorized to sell products based on a commercial license. Commercial supervision is carried out by the competent commercial authority within its scope of jurisdiction. Personal data protection is supervised by the Office for Personal Data Protection. The Czech Trade Inspectorate exercises, within a defined scope, among other things, supervision over compliance with Act No. 634/1992 Sb. 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 additional costs for telecommunication methods (for example, if you call us on our phone number, you will only pay your normal call rate).
3.4 Consumers have the right to withdraw from the purchase contract without giving reasons, at least within a period of 14 days, which begins at the latest from the day of receipt of the product (or the last product, partial shipment, or the last piece in the case of a contract for multiple products in a single order, or the delivery of products in multiple partial shipments or pieces). The seller may provide a longer period. To comply with the deadline, it is sufficient to send a message regarding the exercise of the right of withdrawal before this period expires.
3.5 Withdrawal form from the purchase contract. To exercise your right to withdraw from the contract, you must do so clearly, either by email, phone, or address, or in another way. To do so, you may use the enclosed withdrawal form from the purchase contract, although you are not obligated to do so.
3.6 When you do not have the option to withdraw from the purchase contract. The customer does not have the right to withdraw from the following contracts:
3.6.1 on the delivery of products that have been modified and/or created at the request of the customer or for his person ;
3.6.2 on the delivery of products whose price depends on financial market fluctuations beyond our control, which may occur during the withdrawal period from the purchase contract;
3.6.3 on the delivery of products subject to rapid degradation , as well as products that have been irreversibly mixed with other products after delivery;
3.6.4 on the delivery of products in sealed packaging , which the consumer has removed from the packaging and for health or hygienic reasons is not suitable for return after the consumer has violated it, which also applies to audio or video recordings and computer programs , if the customer has violated their original packaging;
3.6.5 on accommodation, transport of products, vehicle rental, catering or use of free time, if it must be fulfilled according to the contract on a certain date or within a certain period;
3.6.6 on the delivery of newspapers, periodicals or magazines, except subscription contracts for their delivery;
3.6.7 on the provision of services, if they have been provided in full; in the case of performance for payment, only if it began with the consumer's express prior consent before the withdrawal period expires, and the entrepreneur informed the consumer before concluding the contract that providing performance extinguishes the right to withdraw from the contract;
3.6.8 regarding urgent repairs or maintenance, which must be carried out at a location designated by the consumer at his or her express request; this does not apply to the performance of unsolicited repairs or the delivery of products other than spare parts necessary for the repair or maintenance;
3.6.9 on the delivery of digital content , if it has not been delivered on a tangible medium and has been delivered with your express prior consent before the withdrawal period from the purchase contract expires and you have been informed before concluding the purchase contract that in such a case you do not have the right to withdraw from the purchase contract.
3.7 Value of returned products and costs associated with returning products. The direct costs of returning products are your responsibility. If the value of the returned products exceeds 990 Kč (990.01 Kč excluding shipping costs), the seller will cover the return costs.
3.8 Refund of the Purchase Price. If you withdraw from the purchase contract within the withdrawal period, we are obliged to refund the purchase price (except for additional costs if you have chosen a delivery method other than the most cost-effective standard delivery offered by the seller) using the same payment method you used for payment, unless otherwise agreed, no later than 14 days after receiving the returned item or we have reliable proof of shipment. You will not be charged any fees for this refund. If we do not receive the returned product, we are entitled not to refund the purchase price.
3.9 Return product shipping address. The return label is generally available in your user account at pelek.eu. If we have not provided a return label, please use this address for shipping products: Kirilovova 181, 739 21 Paskov. Alternatively, please contact us via email at shop@pelek.eu or phone at 601548120 to ensure your right to return products and agree on an individual procedure.
3.10 Gift. If a gift is provided to the Customer along with the Product, the gift agreement between us and the Customer is concluded with the condition precedent that if either the Customer or we withdraw from the purchase contract, the gift agreement with respect to said gift loses its validity and the Customer is also obliged to return the gift provided along with the Product to us.
4. Process of signing the purchase contract
4.1 Creating an Order. The Customer may select one or more products by adding them to a virtual shopping cart, where they may review the selected products, change their quantity, or remove them from the shopping cart. By clicking the "Checkout" button, the Customer will be asked to enter shipping-related information and choose a payment method. Before completing the order, the Customer is allowed to review and modify the information entered into the order, as well as their customer information. By clicking the " Order Binding Upon Payment " button, the order process is completed and the purchase contract is concluded.
4.2 Acceptance of the VOPs. By submitting your order, you confirm that you have read and accept these VOPs and our personal data processing policies.
4.3 Consent of the legal representative in the case of a minor customer. If a minor customer purchases in our online store, the prior consent of their legal representative is required.
4.4 Product Features. The Customer is obligated to familiarize themselves with the product's features, type, and recommended method of use before completing the order. By placing an order, the Customer confirms that they have read and understood this information.
4.5 Order Confirmation. The Seller confirms receipt of the Customer's order by sending an order confirmation email to the Customer. This order confirmation serves only to inform the Customer that the order has been received and will be processed no later than two business days after the Customer placed the order. The purchase contract has been concluded when the " Order binding upon payment " button is pressed.
4.6 Language of the contract. The language of the contract is Czech.
4.7 Obligations arising from the purchase contract. By entering into the purchase contract, we undertake to deliver the purchased product to you and allow you to acquire ownership rights to it. By entering into the purchase contract, you undertake to accept the product and pay us the price of the product.
4.8 Copy of the VOPs and withdrawal form from the purchase contract. The customer will receive a copy of the concluded purchase contract, i.e., the current version of these VOPs. The consumer will also receive a withdrawal form from the purchase contract within the statutory period.
5. Product prices and payment methods
5.1 Price. All product prices are indicated in Czech crowns (Kč) and include VAT.
5.2 Payment Options. Payment methods for the price of the products and any costs associated with product delivery can also be found on the seller's description page. We reserve the right not to offer a partial payment method to the customer in a particular case. The customer has the option to:
5.2.1 PayPal (The customer is redirected to PayPal, where he will pay the purchase price from his PayPal account and in accordance with PayPal's terms of use, available at https://www.paypal.com )
5.2.2 Payment by card
5.2.3 Payment by bank transfer or instant bank transfer
5.2.4 Apple Pay, Google Pay
5.3 Unrealistic price of products. If an unrealistic price of 0 Kč is displayed or a price significantly below the market price, 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 for the purchase contract. You will be notified of this by email.
5.4 Invoice format. It is agreed that invoices will be sent electronically to your email address.
5.5 Full payment of the purchase price. We reserve the right to retain ownership of the products until full payment of the purchase price in accordance with the applicable purchase contract.
6. Delivery of products and place of performance
6.1 Delivery of Products. Products will be delivered within the delivery time indicated for the corresponding product type. We always undertake to deliver products no later than 30 days. We will inform you of any changes to this time.
Delivery. Along with the purchase price, you must also pay us the costs associated with packaging and delivery of the products in the agreed amount, as well as a surcharge for the chosen payment method. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the products. Before concluding the purchase contract, you will be informed of the final price, which includes packaging and transportation costs.
6.2 Delivery address. The products are delivered to the address indicated by the customer in the order.
6.3 Shipping Method. The customer may choose the method of shipping the products to any address indicated in the order.
6.4 Redelivery and Associated Costs. If, for reasons beyond your control, it is necessary to deliver the products repeatedly or in a manner other than that specified in the order, you are obligated to pay the costs associated with the redelivery of the products, i.e., the costs associated with another delivery method.
6.5 Receipt of Products. Upon receipt of the products by the Customer, the risk of damage and accidental deterioration in the quality of the purchased products passes to the Customer. If the Customer was to receive the products from the carrier, the risk of accidental destruction and accidental deterioration in the quality of the purchased products passes to the Customer when they are permitted to dispose of the products, not before the stated delivery time.
6.6 Customer's Obligation Upon Receiving the Products. Upon receiving the products, you are obligated to inspect them and ensure their characteristics (especially whether you have received the correct type of product, whether the product meets the agreed quality, and whether the product in its packaging contains everything it should contain according to the instructions). In the event of visible damage to the package by the carrier, the customer is obligated not to accept the package from the carrier at all. We are not liable for damage caused by the carrier or for late delivery of the products, regardless of the reason for the delay.
6.7 Damages that may arise for the seller due to failure to accept the products. If the consumer customer does not accept the products upon delivery by the carrier, the products are subsequently returned to the seller, and at the same time the consumer customer does not withdraw from the purchase contract within 14 days of the failed delivery of the products, the seller is entitled to claim from the customer the costs charged by the carrier for returning the products to the seller. This cost represents for the seller damage that arose from the breach of the customer's legal obligations.
7. Rights for defective performance
7.1 Defective Performance. This section of the VOP governs the rights and obligations when exercising claims for defective performance in the sale of products between us as the seller and the customer as the buyer.
7.2 When to file a claim for defective products. You are obliged to report (file a claim) defects in the products without undue delay after the defect has occurred. Otherwise, the court will not recognize your claim for defective performance. You have the right to report a defect that occurs in consumer products within 24 months of receiving such products. This does not apply to products where the packaging, label, instructions attached to the product, or advertising, in accordance with other legal regulations, indicate a period during which the product may be used. The provisions on quality assurance (contractual guarantee) apply here.
7.3 What happens after 24 months? After the 24-month period has elapsed, product defects can no longer be reported. If possible for the product in question, this period is extended by the time during which you were unable to use the product because the complaint was justified. Although we strive to always resolve complaints to your satisfaction, some products must be handled according to the instructions on the packaging/label/information leaflet; otherwise, they will be damaged.
7.4 Contractual Warranty. If a voluntary contractual warranty has been granted for the product in question for a period exceeding 24 months from receipt of the product, you may report defects in the product during this period. This period is extended by the time during which you were unable to use the product because you were in the process of a justified claim.
7.5 Presumption that the product is defective. If the defect becomes apparent within 12 months of receipt of the product, it is presumed that the product was defective at the time of receipt, unless we prove otherwise.
7.6 For what defects are we not liable? We are not liable for defects in the following cases: 7.6.1 if the defect in the product was present at the time of receipt and a discount on the purchase price was agreed for such defect,
7.6.2 the defect arose in the product due to wear and tear caused by normal use, or arises from the nature of the product,
7.6.3 is caused by you and arose from incorrect storage , incorrect maintenance, your intervention or mechanical damage , all under conditions that do not correspond to your temperature, dust, humidity, other environmental influences and is thus directly determined by us or the manufacturer (usually in the product leaflet/label), or arises from legal regulations,
7.6.4 products that have been modified by the customer and the defect has arisen as a result of this modification,
7.6.5 the use of products in conditions that do not correspond to their temperature, dust, humidity, chemical and mechanical influences of the environment, which are directly determined by the seller or the manufacturer, or are derived from legal regulations,
7.6.6 the defect arose as a result of an external event outside our control (for example, a natural event).
7.7 What should I do to exercise a product defect claim? To exercise rights for product defects, please contact us via your user account on pelek.eu. Based on this, we will contact you and agree on the following procedure. Alternatively, please contact us directly at our email address.
7.8 Confirmation of receipt of the claim. After sending a message regarding the exercise of your right to complain, we will contact you within two business days. The time of exercising the claim is considered to be the time we receive the information regarding the exercise of the claim for the product.
7.9 Return of the claimed product to the seller. The product must be returned complete and undamaged (except for the claimed defect), ideally in its original, undamaged packaging so we can comply with proper hygiene procedures. To eliminate the defect, we will cover the cost of the product. We will contact you to arrange the next procedure.
7.10 Confirmation. After receiving the claimed product, a confirmation of receipt of the claim and its content will be sent to the email address you provided.
8. Methods of resolution and finalization of claims
8.1 What will affect my options? You will have the right to request the correction of the defect that has arisen . Depending on your choice, you may choose:
8.1.1 the repair of the product; 8.1.2 the delivery of a new product; or
8.1.3 delivery of the missing part.
For your part, this should not be a disproportionate request. If repairing the product represents significant difficulties for us or is not a reasonable request in relation to the value of the product and the significance of the defect, we will let you know. We will also proceed if we assess your request for delivery of a new product as disproportionate to the product's defect or its value.
8.2 If it is a material breach of the purchase contract. If the defect represents a material breach of the purchase contract, you have the right to withdraw from the purchase contract or request a reasonable discount on the purchase price of the product.
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. This will not be possible in situations where the product defect is not significant. In what situations will it be possible to withdraw from the purchase contract and request a refund of the purchase price:
8.3.1 we refuse to eliminate the defect in the product or we have not repaired this defect within a reasonable time;
8.3.2 It will be evident from our declaration or from other circumstances that the defect will not be eliminated within a reasonable time or without great difficulty for the buyer;
8.3.3 the product defect 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 on the purchase price of the product? In some situations, you may request a reasonable discount on the purchase price. This will not be possible in situations where the product defect is not significant. In what situations will you be able to request a reasonable discount on the purchase price?
8.4.1 we refuse to eliminate the defect in the product or we have not repaired this defect within a reasonable time;
8.4.2 It will be evident from our declaration or from other circumstances that the defect will not be eliminated within a reasonable time or without great difficulty for the buyer;
8.4.3 the product defect manifests itself repeatedly; or
8.4.4 This is a material breach of the purchase contract.
8.5 You will inform us of the method of resolving the claim. You are obliged to inform us of which remedy for defective performance you have chosen, either at the time of 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 the remedy of a defect that proves to be irreparable.
8.6 Return of the original product. When resolving the claim by delivering a new product, you are obligated to return the originally delivered product to us (unless we agree otherwise). You cannot request delivery of a new product (and you cannot withdraw from the purchase contract) if you cannot return the product in the condition in which you received it. This does not apply if you have used the product before discovering the defect, or if there has been a change in its condition upon verifying the defect. Furthermore, if, through no fault of your own, the product cannot be returned in its original condition.
8.7 When will the complaints process be closed? The complaints process is closed within three weeks of exercising the right of restitution , unless we agree otherwise.
8.8 Claim Completion. If the claimed product was sent to us for claim by the carrier, it will be automatically sent to your address along with confirmation of the date and method of claim resolution, including confirmation of the correction made and the duration of the claim, or justification for the claim rejection.
8.9 Obligation upon receipt of the claimed product. Furthermore, you are obligated upon receipt to verify the integrity of the claimed product, specifically that the packaging with the product contains everything it should. Subsequent objections will not be considered.
9. Protection of personal data
9.1 Personal data processing policies. More information about what personal data we process, how, for what purpose, and for how long can be found in our personal data processing policies.
10. Force majeure
10.1 What is force majeure? For the purposes of these VOPs, force majeure is considered to be any obstacle that has occurred beyond our control and that prevents the performance of our obligation, if it cannot reasonably be assumed that we could have avoided, overcome, or foreseen such obstacle or its consequences. The effects that exclude
Liability is limited only to 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 Inspectorate is competent for out-of-court dispute resolution of consumer disputes arising from a purchase contract. Its registered office is Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, internet address: https://adr.coi.cz/cs . The online dispute resolution platform, located at https://ec.europa.eu/consumers/odr , can be used to resolve disputes between the seller and the customer of the purchase 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, internet address: https://evropskyspotrebitel.cz , is the contact point pursuant to Regulation of the European Parliament and of the Council (EU) No. 524/2013 of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (online consumer dispute resolution regulation).
11.3 Complaints. Before initiating out-of-court dispute resolution, we recommend that you contact our email address shop@pelek.eu . We always try to resolve disputes amicably. Your complaints
will be attended to within 2 working days at the latest (48 hours, this period may be extended due to rest days and holidays that are common in the Czech Republic).
12. Final part, including applicable law and jurisdiction
12.1 Commitment to respect consumer rights. If any provision of these VOPs contravenes legal regulations on consumer protection, the law prevails, and we undertake to comply with it.
12.2 Invalid or Ineffective Provision of the VOP. If any provision of the VOP is invalid or ineffective, or becomes so, then the invalid provisions shall be replaced by provisions whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of a provision does not affect the validity of the remaining provisions.
12.3 Legal System. In the event of an international element, we agree that our legal relationship shall be governed by the legal system of the Czech Republic, excluding all conflict of law provisions that refer to another legal system. However, this choice of law shall not deprive the consumer user of the protection afforded by the provisions of the legal system of the country of their habitual residence. The contracting parties agree that they expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. In accordance with Article 6, paragraph 2, of the Rome I Regulation, mandatory provisions of law that would be applicable without this clause shall always apply.
12.4 Disputes and Jurisdiction. The contracting parties further agree that the local courts based on our headquarters will always have jurisdiction to resolve any disputes arising from the purchase contract, where there is an international element. This does not affect consumer rights under special legal provisions.
12.5 If we agree to different terms for the conclusion of the purchase contract, the provisions of the VOP are an integral part of the purchase contract. Provisions that deviate from the VOP may be agreed upon in the purchase contract. Diverging provisions in the purchase contract shall take precedence over the provisions of the VOP.
12.6 Requirement to read the VOPs to conclude the purchase contract. Reading these VOPs is voluntary, but unfortunately, the purchase contract cannot be concluded without reading them.
12.7 Validity of the VOPs . These VOPs are valid from 01.01.2024 and supersede the validity of the previous terms and conditions.