General terms and conditions
PELEK Distribution s.r.o. for the sale of products through the online store located at pelek.es under the name PELEK Distribution s.r.o.
Contents
- Contact details
- Basic terms
- Communications to customers before concluding the purchase contract
- Process of concluding the purchase contract
- Product prices and payment methods
- Product delivery and place of performance
- Rights arising from defective performance
- Methods for resolving and concluding complaints
- 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, Czechia
Company ID: 26719941
VAT ID: CZ26719941
Authorized representative: Sergii Kryvulia
Registration court / commercial register: Municipal Court in Prague Registration number: 231166
Office address: Peteřska nam 2, 11000 Prague,
(hereinafter referred to as the "seller" or "we")
Phone: +420774242766
Email: info@pelek.eu
Customer service: We provide customer support to our customers at the telephone number and email address mentioned 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 based on the purchase contract (hereinafter referred to as the "purchase contract")
entered into between us and consumers or businesses (hereinafter referred to as the "customer" or "you") through PELEK Distribution s.r.o. on pelek.es.
2.2 Online store. The seller's online store (hereinafter referred to as the "online store") is operated on the website pelek.es by PELEK Distribution s.r.o.
2.3 What can you buy from us? In our online store PELEK Distribution s.r.o. you can purchase the products we display and offer. If a license to use 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 outside the scope of the independent practice of their profession, enters into a purchase contract with us or otherwise acts legally (hereinafter referred to as the "consumer"). The online store is intended solely for customers who are consumers. Sales to businesses are not possible.
2.5 Products with digital content. These GTC apply accordingly to contracts for the supply of products with digital content, unless otherwise provided. Digital content means data created and supplied in digital form.
2.6 Products with digital elements. These Terms and Conditions apply accordingly to contracts for the supply of physical data carriers that serve exclusively as carriers of digital content, unless otherwise provided. Digital content means data created and provided in digital form.
2.7 Collection of household appliances. With regard to the obligations imposed under § 38 of Act No. 185/2001 Coll., on waste, as amended, we inform customers that old household appliances may be handed over free of charge for disposal at: Kirilovova 181, 739 21 Paskov, .
3. Communications to customers before the conclusion of the purchase contract
3.1 Seller authorization and supervisory authorities. We are authorized to sell products on the basis of a trade license. Trade activities are supervised by the competent trade authority within its jurisdiction. The protection of personal data is supervised by the Office for Personal Data Protection. Within the defined scope, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., on consumer protection.
3.2 For illustrative purposes only. The photographs you see on our website are for illustrative purposes only.
3.3 Additional costs. We do not charge additional costs for telecommunications services (for example, if you call us on our telephone number, you will only pay your usual telephone call rate).
3.4 Consumers have the right to withdraw from the purchase contract without giving any reason, at least within a period of 14 days, which begins no later than on the day the product is received (or the last product, partial shipment, or final item in the case of a contract covering multiple products in a single order, or the delivery of products in multiple partial shipments or items). The seller may provide a longer period. To meet the deadline, it is sufficient to send a message relating to the exercise of the right of withdrawal before this period expires.
3.5 Withdrawal form for the purchase contract. To exercise your right of withdrawal from the contract, you must do so clearly by email, telephone, post, or another method. You may use the attached withdrawal form for the purchase contract for this purpose, but you are not required 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 concerning the delivery of products that have been modified and/or created at the customer’s request or for the customer personally;
3.6.2 concerning the delivery of products whose price depends on financial market fluctuations beyond our control, which may occur during the withdrawal period for the purchase contract;
3.6.3 concerning the delivery of products subject to rapid deterioration, as well as products that have been irreversibly mixed with other products after delivery;
3.6.4 concerning the delivery of products in sealed packaging, which the consumer has removed from the packaging and which, for health or hygiene reasons, is not suitable for return after the consumer has broken the seal, which also applies to audio or video recordings and computer programs, if the customer has broken their original packaging;
3.6.5 concerning accommodation, transport of products, 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 concerning the delivery of newspapers, periodicals, or magazines, except subscription contracts for their delivery;
3.6.7 concerning the provision of services, if they have been provided in full; in the case of performance in exchange for payment, only if performance began with the consumer’s express prior consent before the withdrawal period for the contract expired and the business informed the consumer before entering into the contract that the right to withdraw from the contract ends once performance is provided;
3.6.8 concerning urgent repairs or maintenance, which must be carried out at a location designated by the consumer at their express request; this does not apply to carrying out unsolicited repairs or delivering products other than spare parts necessary to carry out the repair or maintenance;
3.6.9 concerning 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 for the purchase contract expires, and you were informed before entering into 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 related to returning products. You are responsible for the direct costs of returning products. If the value of the returned products exceeds EUR 40 (EUR 40.01 excluding shipping costs), the seller will cover the return costs.
3.8 Refund of the purchase price. In the event of withdrawal from the purchase contract within the withdrawal period, we are obliged to refund the purchase price (excluding additional costs if you have chosen a type of delivery other than the cheapest 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 being reliably shown proof of its dispatch. You will not be charged any fee for this refund. If we do not receive the product back, we are entitled not to refund the purchase price.
3.9 Address for shipping returned products. The return label is generally available in the user account at pelek.es. If we have not provided a label for returning products, use the following address for shipping the products: Kirilovova 181, 739 21 Paskov, . Alternatively, contact us via the email address info@pelek.eu or telephone number 601548120 to ensure your rights regarding the return of products and agree on an individual procedure.
3.10 Gift. If a gift is provided to the customer together with the product, the donation contract between us and the customer is concluded subject to the condition that if the customer or we withdraw from the purchase contract, the donation contract concerning that gift becomes ineffective and the customer is also obliged to return to us the gift provided together with the product.
4. Process of concluding the purchase contract
4.1 Placing an order. The customer can select one or more products by adding them to a virtual shopping cart, where they can 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 information and choose a payment method. Before completing the order, the customer may review and modify the information entered in the order, as well as the customer's details. By clicking the "Order with payment obligation" button, the ordering process is completed and the purchase contract is concluded.
4.2 Acceptance of the GTC. By submitting the order, you confirm that you have read and accept these GTC 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 from our online store, the prior consent of their legal representative is required.
4.4 Product characteristics. The customer is required to familiarize themselves with the product's characteristics, type, and recommended method of use before completing the order. By placing the 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 the customer an order confirmation email. This order confirmation serves only to inform the customer that the order has been received and will be processed no later than within 2 business days after the customer placed the order. The purchase contract is concluded when the "Order binding on payment" button is pressed.
4.6 Language of the contract. The language of the contract is Spanish.
4.7 Obligations arising from the purchase contract. Upon concluding the purchase contract, we undertake to deliver the purchased product to you and enable you to acquire ownership of the product. Upon concluding the purchase contract, you undertake to accept the product and pay us the price of the product.
4.8 Copy of the GTC and withdrawal form for the purchase contract. The customer will receive a copy of the concluded purchase contract, namely the current version of these GTC. Consumer customers will also receive a withdrawal form for the purchase contract within the statutory period.
5. Product prices and payment methods
5.1 Price. All product prices are stated in euros (EUR) and include VAT.
5.2 Payment options. The 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 particular customer a specific payment method in an individual case. The customer has the option to:
5.2.1 PayPal (The customer is redirected to PayPal, where they will pay the purchase price from their 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 product price. If an unrealistic price of EUR 0 is displayed, or a price far below market value 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 the purchase contract. You will be informed 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 the purchase price has been paid in full in accordance with the relevant purchase contract.
6. Delivery of products and place of performance
6.1 Delivery of products. The products will be delivered within the delivery period specified for the relevant product type. We always undertake to deliver the products within 30 days at the latest. We will inform you of any change in the delivery time
delivery. In addition to the purchase price, you must also pay us the costs associated with packaging and delivering the products in the agreed amount, as well as a surcharge for the selected payment method. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the products. Before concluding the purchase contract, you will be informed of the final price, including packaging and transport costs.
6.2 Delivery address. The products are delivered to the address specified by the customer in the order.
6.3 Method of transport. The customer may choose the method of transporting the products to any address specified in the order.
6.4 Redelivery and associated costs. If, for reasons attributable to you, it is necessary to deliver the products repeatedly or in a manner other than that specified in the order, you are obliged to pay the costs associated with redelivery of the products, i.e. the costs associated with another delivery method.
6.5 Receipt of the products. Upon receipt of the products by the customer, the risk of accidental damage to 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 the customer is allowed to dispose of the products, but not before the specified time of delivery.
6.6 Customer's obligation upon receipt of the products. Upon receiving the products, you are obliged to inspect them and verify their characteristics (especially whether you have received the correct type of product, whether the product is of 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 caused by the carrier, the customer is obliged 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 Damage that may arise to the seller from failure to accept the products. If the consumer customer does not accept the products upon their 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 constitutes damage incurred by the seller as a result of the customer's breach of legal obligations.
7. Rights arising from defective performance
7.1 Defective performance. This section of the Terms and Conditions applies to regulate the rights and obligations when exercising rights arising from defective performance in the sale of products between us as the seller and the customer as the buyer.
7.2 When to make a claim for defective products. You are obliged to report (claim) defects in the products without undue delay after the defect has occurred. Otherwise, the court will not grant you the right to claim for defective performance. You have the right to report a defect that occurs in consumer products within a period of 24 months from receipt of those products. This does not apply to products for which the packaging, label, instructions accompanying the product, or advertising in accordance with other legal regulations indicate a period during which the product may be used. The provisions on quality guarantees (contractual warranties) apply here.
7.3 What happens after 24 months? After the 24-month period has elapsed, product defects can no longer be reported. If applicable to the product in question, this period is extended by the time during which you could not use the product because it was subject to a justified claim. Although we strive to resolve claims to your satisfaction every time, some products must be handled according to the instructions indicated on the packaging/label/package insert; otherwise, they will be damaged.
7.4 Contractual warranty. If a voluntary contractual warranty for the product in question has been provided for a period longer than 24 months from receipt of the product, you may report product defects during this period. The period is extended by the time during which you could not use the product because it was subject to a justified claim.
7.5 Presumption that the product is defective. If the defect becomes apparent within 12 months of receiving the product, it is presumed that the product was already defective at the time of receipt, unless we prove otherwise.
7.6 Why are we not liable for defects? We are not liable for defects in these 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 upon because of that defect,
7.6.2 the defect arose in the product through wear and tear caused by normal use, or results from the nature of the product,
7.6.3 was caused by you and arose from improper storage, improper maintenance, your intervention, or mechanical damage, all under conditions that do not correspond to the temperature, dust, humidity, or other environmental influences directly specified by us or the manufacturer (generally in the package insert/product label), or arising from legal regulations,
7.6.4 the products were modified by the customer and the defect arose as a result of this modification,
7.6.5 the products were used in conditions that do not correspond to the temperature, dust, humidity, or chemical and mechanical environmental influences directly specified by the seller or manufacturer, or arising from legal regulations,
7.6.6 the defect arose as a result of an external event beyond our control (for example, a natural event).
7.7 What should I do to exercise my rights regarding a product defect? To exercise your rights regarding product defects, contact us through your user account on pelek.es. 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 claim. After you send a message exercising your right to make a claim, we will contact you within 2 business days. The claim is considered to have been made when we receive the information about exercising your right to make a claim regarding the product.
7.9 Returning the claimed product to the seller. The product must be returned complete and undamaged (except for the claimed defect), ideally in its undamaged original packaging so that we can comply with appropriate hygiene procedures. We will bear the cost of the product for the purpose of remedying the defect. We will contact you to agree on the next steps.
7.10 Confirmation. After receiving the claimed product, we will send confirmation of receipt of the claim and its contents to the email address you provided.
8. Methods of resolving and concluding claims
8.1 What will affect my options? You will have the right to request remedy of the defect that has arisen. You may choose one of the following options:
8.1.1 repair of the product; 8.1.2 delivery of a new product; or
8.1.3 delivery of the missing part.
However, this request must not be disproportionate. If repairing the product would cause us considerable difficulty or would not be a reasonable request in relation to the product's value and the importance of the defect, we will inform you. We will proceed in the same way if we assess your request for delivery of a new product as disproportionate in relation to the product defect or the product's value.
8.2 If there is a substantial breach of the purchase contract. If the defect constitutes a substantial breach of the purchase contract, you will have the right to withdraw from the purchase contract or request a reasonable discount on the product's purchase price.
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 if the product defect is insignificant. The situations in which you may withdraw from the purchase contract and request a refund of the purchase price are:
8.3.1 we refuse to remedy the product defect or have not repaired the defect within a reasonable period;
8.3.2 it is evident from our statement or another circumstance that the defect will not be remedied within a reasonable period or without considerable difficulty for the buyer;
8.3.3 the product defect manifests itself repeatedly; or
8.3.4 it constitutes 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 when the product defect is insignificant. What situations will allow you to request a reasonable discount on the purchase price?
8.4.1 we refuse to eliminate the product defect or have not repaired it within a reasonable period;
8.4.2 it is evident from our statement or another circumstance that the defect will not be eliminated within a reasonable period or without major difficulty for the buyer;
8.4.3 the product defect manifests itself repeatedly; or
8.4.4 it constitutes a material breach of the purchase contract.
8.5 You will inform us of the method for resolving the claim. You are obliged to inform us which right relating to defective performance you have chosen when reporting the defect or without undue delay after reporting it. You may not change your choice without our consent; this does not apply if you request repair 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 obliged to return the product originally delivered to us (unless we agree otherwise). You may not request delivery of a new product (nor 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 used the product before discovering the defect or if its condition changed while the defect was being verified. It also does not apply if, through no fault of your own, the product cannot be returned in its original condition.
8.7 When will the claims process be closed? The claims process will be closed within 3 weeks of exercising the right in respect of defects, unless we agree otherwise.
8.8 Resolution of the claim. If the claimed product was sent to us for a claim by the carrier, it will be automatically sent to your address together with confirmation of the date and method of resolving the claim, including confirmation of the correction made and the duration of the claim, or the justification for rejecting the claim.
8.9 Obligation upon receiving the claimed product. In addition, upon receiving the claimed product, you are obliged to verify its completeness, especially that the package containing the product includes everything it should contain. Subsequent objections will not be taken into account.
9. Personal data protection
9.1 Personal data processing policies. More information about what personal data we process, how, for what purpose, and for how long it is processed can be found in our personal data processing policies.
10. Force majeure
10.1 What constitutes force majeure. For the purposes of these GTC, force majeure means any obstacle that has arisen independently of our will and prevents us from fulfilling 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 associated with these effects.
11. Alternative dispute resolution
11.1 Out-of-court dispute resolution. For out-of-court resolution of consumer disputes arising from the purchase contract, the Czech Trade Inspection Authority is competent, located at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform, available at https://ec.europa.eu/consumers/odr , may be used to resolve disputes between the seller and the customer under the purchase contract.
11.2 European Consumer Centre in the Czech Republic. The European Consumer Centre Czech Republic, located 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 that you contact us at info@pelek.eu. We always try to resolve the dispute amicably. Your complaints
will be addressed no later than within 2 business days (48 hours; this period may be extended by weekends and public holidays that are common in the Czech Republic).
12. Final provisions, including governing law and jurisdiction
12.1 Commitment 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.
12.2 Invalid or ineffective provision of the GTC. If any provision of the GTC is invalid or ineffective, or becomes so, provisions whose meaning most closely approximates that of the invalid provision shall apply instead. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.
12.3 Governing 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-laws provisions that refer to another legal system. However, this choice of law must not deprive the 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 United Nations Convention on Contracts for the International Sale of Goods. In accordance with 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, for resolving potential disputes arising from the purchase contract where an international element is present, the local courts at the location of our registered office shall always have jurisdiction. This does not affect consumers’ rights under special statutory provisions.
12.5 If we agree on different terms for concluding the purchase contract. The provisions of the GTC form an integral part of the purchase contract. Provisions deviating from the GTC may be agreed in the purchase contract. Divergent provisions in the purchase contract take precedence over the provisions of the GTC.
12.6 Requirement to read the GTC to conclude the purchase contract. Reading these GTC is voluntary, but unfortunately, the purchase contract cannot be concluded without reading them.
12.7 Validity of the GTC. These GTC are valid from 01.01.2024 and invalidate the previous commercial terms and conditions.
