General Terms and Conditions of Sale

General Terms and Conditions of Sale of PELEK Distribution s.r.o. for the sale of goods through the online store located at pelek.lv under the name PELEK Distribution s.r.o.

Contact information
Basic concepts
Information for customers before concluding the purchase contract
Process of concluding the purchase contract
Goods prices and payment methods
Delivery of goods and place of performance
Rights in the event of defective performance
Methods of handling and resolving complaints
Personal data protection
Force majeure
Alternative dispute resolution
Final provisions, including applicable law and court jurisdiction

1. Contact information

1.1 Online store operator:

PELEK Distribution s.r.o.

Address: Vlkova 532/8, 13000 Praha, Czech Republic

Registration number: 26719941

VAT number: CZ26719941

Authorized representative: Sergii Kryvulia

Registration court / commercial register: Prague Municipal Court Registration number: 231166

Store address: Peteřska nam 2, 11000 Praha,

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

Telephone: +420 705 724 353

Email: info@pelek.eu

Customer service: We provide customer support to our customers using the above-mentioned telephone number and email on business days from 9:00 to 17:00.

2. Basic concepts

2.1 These General Terms and Conditions of Sale (hereinafter referred to as the “GTC”) define 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”)

concluded between us and consumers or businesses (hereinafter referred to as the “customer” or “you”) through PELEK Distribution s.r.o. on pelek.lv.

2.2 Online store. The seller’s online store (hereinafter referred to as the “online store”) is operated on the website pelek.lv PELEK Distribution s.r.o.

2.3 What can you purchase from us? In our online store With PELEK Distribution s.r.o. you can purchase the goods that we display and offer. If a licence to use the goods 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 or professional activity, concludes a purchase contract with us or otherwise acts legally (hereinafter referred to as the “consumer”). The online store is intended only for customers who are consumers. Sales to businesses are not possible.

2.5 Goods with digital content. These GTC shall apply accordingly to contracts for the supply of goods with digital content, unless otherwise provided. Digital content means data created and supplied in digital form.

2.6 Goods with digital elements. With regard to contracts for the delivery of physical data carriers that serve solely as carriers of digital content, these GTC apply accordingly unless otherwise specified. Digital content is data created and supplied in digital form.

2.7 Returning electrical appliances. Kirilovova 181, 739 21 Paskov, .

3. Notices to customers before entering into the purchase contract

3.1 Seller's authorization and supervisory authorities. We are authorized to sell goods under a business license. Business activities are supervised by the relevant business authority. Personal data is supervised by the Data Protection Office. The Czech Trade Inspection Authority supervises compliance with Consumer Protection Act No. 634/1992 Sb. to the extent specified by law.

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 services (for example.

if you call our telephone number, you will pay only your standard call charge).

3.4 Consumers have the right to withdraw from the purchase contract without giving a reason within at least 14 days, beginning no later than on the day the goods are received (or the last product, partial delivery, or last item in the case of a contract covering multiple items from one order, or the delivery of goods in multiple partial deliveries or items). The Seller may provide a longer period. To meet the deadline, it is sufficient to send notification of exercising your right of withdrawal before the period expires.

3.5 Withdrawal form for the purchase contract. To exercise your right to withdraw from the contract, you must notify us clearly by email, telephone, post, or other means. You may use the attached sample withdrawal form for the purchase contract, but you are not required to do so.

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

3.6.1 for the delivery of goods that are customized and/or made according to the customer's request or for their personal use;

3.6.2 for the delivery of goods whose price depends on fluctuations in financial markets that are beyond our control and may occur during the withdrawal period;

3.6.3 for the delivery of goods that are perishable, as well as goods that have been 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 are unsuitable for return for health or hygiene reasons after the consumer has broken the seal, which also applies to sound or video recordings and computer software if the customer has broken the original packaging;

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

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

3.6.7 for the provision of services if they have been fully performed; if provided 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 performance would end the right to withdraw from the contract;

3.6.8 for urgent repairs or maintenance to be carried out at a location specified by the consumer following their express request; this does not apply to carrying out repairs other than those requested or supplying goods other than those requested, except for spare parts necessary to carry out the repair or maintenance;

3.6.9 for the delivery of digital content if it is not supplied on a tangible medium and is supplied with your prior express consent before the expiry of the withdrawal period, and we informed you before concluding the purchase agreement that, in such a case, you do not have the right to withdraw from the purchase agreement.

3.7 Value of the returned goods and related return costs. You bear the direct return costs. If the value of the returned goods exceeds EUR 40 (EUR 40.01 excluding postage costs), 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 was used to receive the payment, unless we have agreed otherwise, no later than 14 days from the date on which we receive the returned goods or are provided with reliable proof that they have been sent. You will not be charged for this refund. If we do not receive the goods back, we are entitled not to refund the purchase price to you.

3.9 Address for sending returned goods. The return label is usually available in the user account at pelek.lv. If we have not provided a return label, please use this address to send the goods: Kirilovova 181, 739 21 Paskov, . Please also contact us by email info@pelek.eu or by telephone at 601548120, to guarantee your right to return the product and agree on an individual procedure.

3.10 Gifts.

4. Process for concluding the purchase contract

4.1 Creating an order. The customer can select one or more goods by placing them in the virtual shopping cart, where the customer can view the selected goods, change their quantity, or remove them from the shopping 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 is allowed to review and modify the data 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 agree to these GTC and our personal data processing policy.

4.3 Consent of the legal representative for a minor customer. If a minor customer shops in our online store, the prior consent of their legal representative is required.

4.4 Product characteristics. Before completing the order, the customer must familiarize themselves with the characteristics, type, and recommended method of use of the goods. 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 by email. This order confirmation serves only to inform the customer that the order has been received and will be fulfilled no later than 2 working days after the order is placed. The purchase contract is already concluded when you press the “Order with payment obligation” button.

4.6 Contract language. The contract language is Latvian.

4.7 Obligations arising from the purchase contract. By concluding the purchase contract, we undertake to transfer the purchased goods and allow you to acquire ownership of the goods. By concluding the purchase contract, you undertake to accept the goods and pay us the price of the goods.

4.8 Copy of the GTC and withdrawal form from the purchase contract. The customer will receive a copy of the concluded purchase contract, i.e. the current text of these GTC. A consumer customer will also receive the withdrawal form from the purchase contract within the statutory period.

5. Product price and payment methods

5.1 Price. All product prices are stated in euros (EUR) and include VAT.

5.2 Payment options. The prices of the goods and any costs associated with their delivery can also be found on the seller's description page. We reserve the right not to offer a partial payment method for the purchase of the goods in each case. The customer has the option to:

5.2.1 PayPal (The customer is redirected to PayPal, where they pay the purchase price from their PayPal account in accordance with the PayPal terms of use available https://www.paypal.com)

5.2.2 Payment by card

5.2.3 Payment by bank transfer or instant bank transfer

5.2.4 Apple Pay, Google Pay

5.3 Unrealistic price of goods. If an unrealistic price of EUR 0 is displayed, or a highly non-market price is displayed, where a non-market price is considered to be a price below our purchase price, we reserve the right to remove the goods from your offer to conclude a purchase agreement. You will be informed of this by email.

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 reserve the right to retain title to the goods until the purchase price has been paid in full in accordance with the relevant purchase agreement.

6. Delivery of goods and place of performance

6.1 Delivery of goods. The goods will be delivered within the delivery period specified for the relevant type of goods. We always undertake to deliver the goods no later than within 30 days. We will always inform you of any changes to the delivery period

we will always inform you. In addition to the purchase price, you must also pay any costs associated with packaging and delivering the goods as agreed, as well as any surcharge for the selected payment method. Unless otherwise stated, the purchase price also includes the costs associated with delivering the goods. Before the purchase agreement is concluded, 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 delivery method for the goods to any address specified in the order.

6.4 Redelivery and related costs. If, due to your actions, the goods need to be delivered again or in a manner different from that specified in the order, you must pay the costs associated with redelivering the goods or the costs associated with the alternative delivery method.

6.5 Acceptance of goods. Upon acceptance of the goods, the risk of damage and accidental deterioration in quality of the purchased goods passes to the customer. If the customer is to receive the goods from the carrier, the risk of accidental destruction and accidental deterioration in quality of the purchased goods passes to the customer when they are permitted to handle the goods, but not earlier than the specified delivery time.

6.6 Customer's obligation upon accepting the goods. At the time of delivery, you must inspect the goods and verify their properties (in particular, whether you have received the correct type of goods, whether the goods are of the specified quality, and whether the package contains everything it should contain according to the instructions). If there is visible damage to the shipment from the carrier, the customer must not accept the shipment at all. We are not responsible for damage caused by the carrier or for late delivery of the goods, regardless of the reason for the delay.

6.7 Damage that may arise for the seller if the goods are not accepted. If a consumer customer does not accept the goods from the carrier at the time of delivery, the goods are returned to the seller, and if the consumer customer does not withdraw from the purchase agreement within 14 days of the unsuccessful delivery of the goods, the seller is entitled to demand from the customer the costs charged by the carrier for returning the goods to the seller. These costs constitute the seller's losses arising from the customer's breach of legal obligations.

7. Right to defective performance

7.1 Defective performance. This part of the VOP applies to the regulation of rights and obligations when rights to defective performance are asserted in the sale of goods between us as the seller and the customer as the buyer.

7.2 When to report defective goods. You must notify us of defects in the goods (submit a claim) without undue delay after the defect has appeared. Otherwise, a court will not grant you the right to defective performance. You are entitled to assert a defect that occurs in consumer goods within 24 months of receiving those goods. This rule does not apply to goods for which, in accordance with other legislation, the period during which the goods may be used is stated on the packaging, label, enclosed instructions, or in an advertisement. The rules on a quality guarantee (contractual warranty) apply here.

7.3 What happens after 24 months? After the 24-month period ends, defects in the goods can no longer be asserted. Where applicable to the relevant goods, this period is extended by the time during which you were unable to use the goods because they were undergoing a justified claims process. Even though we always try to handle complaints to your satisfaction, some goods must be handled in accordance with the instructions stated on the packaging/label/information sheet - otherwise they may be damaged.

7.4 Contractual warranty. If the relevant goods are covered by a voluntary contractual warranty lasting longer than 24 months from receipt of the 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 process.

7.5 Presumption that the goods are defective. If a defect becomes apparent within 12 months of receiving the goods, the goods are presumed to have been defective at the time of receipt unless we can 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 defect was present in the products at the time of acceptance and a discount from the purchase price was specified for such defect,

7.6.2 if the defect arose due to wear and tear caused by normal use or results from the nature of the products,

7.6.3 if it was caused by you and arose due to improper storage, improper maintenance, your intervention, or mechanical damage, all under conditions that do not comply with the temperature, dust, humidity, or other environmental factors specified directly by us or the manufacturer (usually on the accompanying information sheet/product label), or arising from legislation,

7.6.4 the products were customized for the customer and the defect arose as a result of this customization,

7.6.5 the products were used in conditions that do not comply with the temperature, dust, humidity, chemical, and mechanical environmental factors specified directly by the seller or manufacturer or arising from legislation,

7.6.6 the defect arose due to an external event beyond our control (for example, a natural disaster).

7.7 What should I do to report a product defect? To assert your rights regarding product defects, please contact us through your user account on pelek.lv; based on this, we will contact you and agree on the next steps. Alternatively, please contact us directly at our email address.

7.8 Confirmation of receipt of the complaint. After you submit a notice asserting your rights regarding the complaint, we will contact you within 2 business days. The complaint is deemed to have been submitted when we receive information from you about the complaint concerning the products.

7.9 Returning the products subject to the complaint to the seller. The products must be returned in full and undamaged (except for the reported defect), ideally in their original, undamaged packaging, so that we can comply with proper hygiene procedures. To remedy the defect, we will arrange and pay for the return of the products. We will contact you to agree on the next steps.

7.10 Confirmation. After receiving the products subject to the complaint, we will send confirmation of receipt of the complaint and its contents to the email address you provided.

8. Methods for reviewing and resolving complaints

8.1 What will affect my options. You will have the right to request remedy of the defect. Depending on your choice, you may choose:

8.1.1 repair of the product; 8.1.2 delivery of a new product; or

8.1.3 delivery of the missing part.

Your request should not be unreasonable. If repairing the goods would cause us significant difficulties or the request would not be reasonable in relation to the value of the goods and the significance of the defect, we will inform you. We will act likewise if we assess your request for delivery of new goods as unreasonable in relation to the defect or value of the goods.

8.2 If it constitutes a material breach of the purchase agreement. If the defect constitutes a material breach of the purchase agreement, you will have the right to withdraw from the purchase agreement or request a reasonable 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 purchase agreement and request a refund of the purchase price. This will not be possible where the defect in the goods is not material. In which situations can you withdraw from the purchase agreement 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 other circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer;

8.3.3 the defect in the goods recurs; or

8.3.4 it constitutes a material breach of the purchase agreement.

8.4 When else will it be possible to request a reasonable reduction in the purchase price? In some situations, you may request a reasonable reduction in the purchase price. This will not be possible where the defect in the goods is not material. What situations will allow you to request a reasonable 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 other circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer;

8.4.3 the defect in the goods recurs; or

8.4.4 it constitutes a material breach of the purchase agreement.

8.5 You inform us how you want the complaint to be handled. You must inform us which remedy for defective performance you have chosen, either when reporting the defect or without undue delay after reporting it. Your choice cannot be changed without our consent; this does not apply where you request rectification of a defect that proves impossible to remedy.

8.6 Returning the original goods. When dealing with a complaint by supplying new goods, you must return the goods originally supplied (unless we have agreed otherwise). The customer cannot request delivery of new goods (nor withdraw from the purchase agreement) if they cannot return the goods in the condition in which they received them. This does not apply where you used the goods before discovering the defect or where the condition changed when the defect was identified. Nor does it apply where, through no fault of your own, the goods cannot be returned to their original condition.

8.7 When will the complaint procedure be concluded? The complaint procedure will be concluded within 3 weeks of asserting the rights, unless we have agreed otherwise.

8.8 Closing a complaint. If the advertised goods are sent to us by a carrier, they will automatically be sent to your address after the complaint has been reviewed, together with confirmation of the date and manner in which the complaint was handled, including confirmation that repairs were carried out and the duration of the complaint procedure, or the reasons for rejecting the complaint.

8.9 Obligation to inspect advertised goods upon receipt. You are also obliged to check the completeness of the advertised goods upon receipt, in particular whether the shipment contains everything it should. Later objections will not be taken into consideration.

9. Personal data protection

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

10. Force majeure

10.1 What constitutes force majeure. For the purposes of these GTC, force majeure means any obstacle arising independently of our will that prevents us from fulfilling our obligations, where it is not reasonably possible to assume that we could eliminate, overcome, or foresee this obstacle or its consequences. The effects that exclude

the obligations for which we are liable are limited only to the period during which the obstacle causing these consequences exists.

11. Alternative dispute resolution

11.1 Mediation solution. The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Praha 2, registration number: 000 20 869, website: https://adr.coi.cz/cs, is responsible for alternative dispute resolution in consumer disputes arising from purchase contracts. 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 arising from a purchase contract.

11.2 European Consumer Centre in the Czech Republic. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Praha 2, website: https://evropskyspotrebitel.cz , is a contact point pursuant to 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 consumer dispute resolution).

11.3 Complaints. Before initiating alternative dispute resolution, we recommend contacting us at our email address info@pelek.eu. We always first try to resolve any dispute that arises amicably. Your complaints

will be reviewed no later than within 2 business days (48 hours; this period may be extended by weekends and public holidays normally observed in the Czech Republic).

12. Final provisions, including applicable law and court jurisdiction

12.1 Commitment to comply with consumer rights. If any provision of these T&Cs conflicts with consumer protection legislation, the law takes precedence, and we undertake to comply with it.

12.2 Invalid or ineffective provisions of the T&Cs. If any provision of the T&Cs is or becomes invalid or ineffective, it will 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 does not affect the validity of the other provisions.

12.3 Applicable law. If there is an international element, we agree that our legal relationship will be governed by the laws of the Czech Republic, excluding all conflict-of-law rules that refer to another law. However, this choice of law must not deprive the consumer of the protection afforded to them by the laws of the country in which they usually reside. The parties to the agreement agree to exclude the United Nations Convention on Contracts for the International Sale of Goods. Pursuant to Article 6(2) of the Rome I Regulation, mandatory provisions that would apply in the absence of this clause will always apply.

12.4 Disputes and court jurisdiction. The parties to the agreement agree that any disputes arising from a purchase agreement containing an international element will always be resolved by the competent courts according to our place of business. This does not affect consumers' rights under specific legislation.

12.5 If we agree on different conditions for concluding the purchase agreement. The T&Cs form an integral part of the purchase agreement. Different terms from those in the T&Cs may be agreed in the purchase agreement. Different terms in the purchase agreement take precedence over the T&Cs.

12.6 Requirement to read the T&Cs to conclude the purchase agreement. Reading the T&Cs is voluntary; unfortunately, it is not possible to conclude the purchase agreement without reading them.

12.7 Validity of the T&Cs. These T&Cs are effective from 01.01.2024 and supersede the previous terms and conditions of sale.