SELLER’S GENERAL TERMS AND CONDITIONS / GENERAL TERMS AND CONDITIONS B2C
General Terms and Conditions of Sale
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.
Contents
- Contact information
- Basic terms
- Information provided to customers before concluding the purchase contract
- Process for concluding the purchase contract
- Price of goods and payment methods
- Delivery of goods and place of performance
- Rights relating to defective performance
- Methods of handling and resolving complaints
- Personal data protection
- Force majeure
- Alternative dispute resolution
- Final provisions, including applicable law and jurisdiction
1. Contact information
1.1 Online store operator:
PELEK Distribution s.r.o.
Address: Vlkova 532/8, 13000 Prague, 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 Prague,
(hereinafter referred to as the “Seller” or “we”)
Telephone: +420774242766
Email: info@pelek.eu
Customer service: We provide customer support to our customers using the above telephone number and email on business days from 9:00 to 17:00.
2. Basic terms
2.1 These general terms and conditions of sale (hereinafter referred to as the “T&Cs”) define the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a 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 PELEK Distribution s.r.o. you can purchase goods that we display and offer. If a licence to use the goods is offered, it is also available.
2.4 Who is considered a consumer? A consumer is any natural person who, outside the scope of their business activities or profession, enters into a purchase contract with us or otherwise acts in a legally relevant manner (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. With regard to contracts for the supply of goods with digital content, these T&Cs shall apply accordingly unless otherwise specified. Digital content means data that is created and supplied in digital form.
2.6 Goods with digital elements. For agreements concerning the supply of physical data carriers that serve solely as carriers of digital content, these GTCs 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 concluding the purchase agreement
3.1 Seller's authorization and supervisory authorities. We are authorized to sell goods on the basis of 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, within the specified scope, with Consumer Protection Act No. 634/1992 Sb.
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 agreement without giving a reason within at least 14 days, starting no later than on the day the goods are received (or, in the case of the last product, partial delivery, or last item, if the agreement concerns several items of goods from one order or the delivery of goods in several partial deliveries or items). The seller may provide a longer period. To meet the deadline, it is sufficient to send the withdrawal notice before the end of this period.
3.5 Withdrawal form for the purchase agreement. To exercise your right to withdraw from the agreement, you must notify us clearly by email, telephone, postal address, or other means. You may use the attached sample withdrawal form for the purchase agreement, but you are not required to do so.
3.6 When you cannot withdraw from the purchase agreement. The customer is not entitled to withdraw from the following agreements:
3.6.1 for the supply of goods that are customized and/or made according to the customer's request or for their personal use;
3.6.2 for the supply of goods whose price depends on fluctuations in the financial markets that are not under our control and may occur during the withdrawal period;
3.6.3 for the supply of goods that are liable to deteriorate rapidly, as well as goods that are irreversibly mixed with other goods after delivery;
3.6.4 for the supply of goods in sealed packaging that 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, including audio or video recordings and computer software if the customer has broken their 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, journals, 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 end of the withdrawal period and the trader informed the consumer before concluding the contract that performance would result in the loss of 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 supply of digital content if it has not been supplied on a tangible medium and has been supplied with your prior express consent before the end of the withdrawal period, and we informed you 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 the returned goods and related return costs. You bear the direct costs of returning the goods. If the value of the returned goods 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 contract within the withdrawal period, we are obliged to refund the purchase price (excluding 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 for the original transaction, unless we have agreed otherwise, no later than 14 days after 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.
3.9 Address for returning 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. Purchase agreement conclusion process
4.1 Placing an order. The customer can select one or more products by placing them in the virtual shopping cart, where the customer can view the selected products, change their quantities, 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 check and change the information they have entered in the order, as well as their customer details. By clicking the “Order with payment obligation” button, the ordering process is completed and the purchase agreement is concluded.
4.2 Acceptance of the T&Cs. By submitting the order, you confirm that you have read and agree to these T&Cs and our personal data processing policy.
4.3 Consent of a legal representative for a minor customer. If a minor customer 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 customer must familiarize themselves with the characteristics, type, and recommended method of use of the products. 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 business days after the order is placed. The purchase agreement is already concluded when you click the button “Order with payment obligation”.
4.6 Contract language. The contract language is Latvian.
4.7 Obligations arising from the purchase agreement. Upon concluding the purchase agreement, we undertake to deliver the purchased goods and enable you to acquire ownership of the goods. By concluding the purchase agreement, you undertake to accept the goods and pay us the price of the goods.
4.8 Copy of the T&Cs and withdrawal form for the purchase agreement. The customer will receive a copy of the concluded purchase agreement, i.e. the current text of these T&Cs. A consumer customer will also receive a withdrawal form for the purchase agreement 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 prices of the goods and any costs associated with 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 individual cases. 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 the goods. If an unrealistic price of EUR 0 is displayed, or an unusually low market price is displayed, where an unusually low market price means a price below our purchase price, we reserve the right to remove the goods from your offer to conclude a purchase contract. 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 Payment of the full purchase price. We reserve the right to retain ownership of the goods until the purchase price has been paid in full in accordance with the relevant purchase 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 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 delivery of 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 delivery of the goods. Before the purchase contract 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 method of delivery of the goods to any address specified in the order.
6.4 Redelivery and associated costs. If, due to circumstances attributable to you, 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 redelivery or the costs associated with the alternative delivery method.
6.5 Acceptance of the 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 collect 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 no earlier than the stated delivery time.
6.6 Customer’s obligations upon accepting the goods. At the time of delivery, you must inspect the goods and verify their characteristics (in particular, whether you 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 refuse to accept the shipment altogether. We accept no responsibility for damage caused by the carrier or late 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 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 claim from the customer the costs charged by the carrier for returning the goods to the seller. These costs constitute the seller’s loss resulting from the customer’s breach of their legal obligations.
7. Rights to defective performance
7.1 Defective performance. This section of the GTC governs the rights and obligations arising when claims for defective performance are made 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 appears. Otherwise, a court will not grant you the right to defective performance. You are entitled to report a defect arising 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 packaging, label, accompanying instructions, or advertising specifies the period during which the goods may be used. The rules on quality guarantees (contractual warranties) apply here.
7.3 What happens after 24 months? After the 24-month period expires, defects in the goods can no longer be reported. If 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 claim process. Although we always try to handle complaints to your satisfaction, some goods must be handled in accordance with the instructions provided 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 report 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 claim 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 acceptance 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 existed in the products at the time of acceptance and a discount from the purchase price was specified for that defect,
7.6.2 the defect arose due to wear and tear caused by normal use or is inherent in the nature of the products,
7.6.3 if it was caused by you and resulted from improper storage, improper maintenance, your intervention, or mechanical damage, all under conditions that do not comply with the temperature, dust, humidity, or other environmental effects specified directly by us or the manufacturer (usually on the accompanying information sheet or product label), or arising from legislation,
7.6.4 the products were customised for the customer and the defect resulted from that customisation,
7.6.5 the products were used in conditions that do not comply with the temperature, dust, humidity, chemical, and mechanical environmental effects specified directly by the seller or manufacturer or arising from legislation,
7.6.6 the defect was caused by an external event beyond our control (for example, a natural disaster).
7.7 What should I do to report a defect in the products? To exercise your rights regarding product defects, please contact us through your user account on pelek.lv, based on which 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 report asserting your right to make a complaint, we will contact you within 2 business days. The complaint is considered to have been submitted when we receive information from you about the defect in the products.
7.9 Returning the defective products 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 follow proper hygiene procedures. To rectify the defect, we will cover the cost of returning the products. We will contact you to agree on the next steps.
7.10 Confirmation. After we receive the returned products, you will receive confirmation of receipt of the complaint and its contents at the email address you provided.
8. Methods for handling and resolving complaints
8.1 What will affect my options? You will have the right to request the rectification 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 parts.
Your request should not be unreasonable. If repairing the goods would cause us significant difficulty or if the request would not be reasonable in relation to the value of the goods and the significance of the defect, we will notify you. We will act similarly if we consider your request for delivery of new goods unreasonable in relation to the defect or value of the goods.
8.2 Where this 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 what 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 the surrounding 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 occurs repeatedly; or
8.3.4 this 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 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 the surrounding 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 occurs repeatedly; or
8.4.4 this constitutes a material breach of the purchase agreement.
8.5 You notify us of how you wish the complaint to be handled. You are required to notify us which remedy for defective performance you have chosen, either when reporting the defect or without undue delay after reporting it. You may not change your choice without our consent; this does not apply where you request that the defect be remedied and it proves impossible to remedy.
8.6 Returning the original goods. When handling a complaint and delivering new goods, you must return the goods originally delivered (unless we have agreed otherwise). You cannot request delivery of new goods (nor withdraw from the purchase agreement) if you cannot return the goods in the condition in which you received them. This does not apply where you used the goods before discovering the defect or where the condition changed while establishing the defect. 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 claim process be completed? The claim process will be completed within 3 weeks of asserting the rights, unless we have agreed otherwise.
8.8 Completion of the claim process. If the advertised goods are sent to us by a carrier, they will automatically be sent to your address after assessment, together with confirmation of the date and manner in which the claim was handled, including confirmation of any repairs carried out and the duration of the claim process, or the grounds for rejecting the claim.
8.9 Obligation upon accepting the advertised goods. At the time of acceptance, you are also obliged to check the completeness of the advertised goods, particularly whether the shipment contains everything it should. Subsequent 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 we process it, for what purposes, and for how long can be found in our personal data processing policy.
10. Force majeure
10.1 What constitutes force majeure. For the purposes of these T&Cs, force majeure means any impediment arising independently of our will that prevents us from fulfilling our obligations, where it is not reasonably possible to assume that we could avert, overcome, or foresee the impediment or its consequences. Effects that exclude
liabilities are limited only to the period during which the impediment to which these consequences are related exists.
11. Alternative dispute resolution
11.1 Mediation solution. The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 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 Prague 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 consumer dispute resolution 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 customary in the Czech Republic).
12. Final provisions, including applicable law and court jurisdiction
12.1 Commitment to comply with consumer rights. If any of these VOP provisions conflicts with consumer protection legislation, the law takes precedence, and we undertake to comply with it.
12.2 Invalid or ineffective VOP provisions. If any provision of the VOP is invalid or ineffective, or becomes so, 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 may not deprive the consumer of the protection afforded 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, the 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 the purchase agreement containing an international element will always be resolved by the competent courts according to our location. This does not affect consumer rights under special legislation.
12.5 If we agree on different terms for concluding the purchase agreement. The VOP form an integral part of the purchase agreement. Different terms from the VOP may be agreed in the purchase agreement. Different terms in the purchase agreement take precedence over the VOP.
12.6 Requirement to read the VOP to conclude the purchase agreement. Reading the VOP is voluntary; unfortunately, it is not possible to conclude the purchase agreement without reading them.
12.7 Validity of the VOP. These VOP are effective from 01.01.2024 and revoke the previous terms and conditions of sale.
