General Terms and Conditions
PELEK Distribution s.r.o. for the sale of goods through the online shop on pelek.at under the name PELEK Distribution s.r.o.
Contents
- Contact information
- Basic terms
- Information for customers before concluding the purchase contract
- Process of concluding the purchase contract
- Price of goods and payment methods
- Delivery of goods and place of performance
- Rights in the event of defective performance
- Procedure for handling and resolving complaints
- Data protection
- Force majeure
- Out-of-court dispute resolution
- Final provisions, including applicable law and jurisdiction
1. Contact details
1.1 Online shop operator:
PELEK Distribution s.r.o.
Registered office: Vlkova 532/8, 13000 Prague, Czech Republic
Company ID: 26719941
VAT ID: CZ26719941
Authorized representative: Sergii Kryvulia
Register court / Commercial Register: Prague Municipal Court Registration number: 231166
Business address: Peterská nám. 2, 11000 Prague,
(hereinafter "Seller" or "we")
Telephone:
+420 705 724 353
Email: info@pelek.at
Customer service: We provide customer support at the telephone number and email address stated 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 "Terms and Conditions") of the Seller shall govern the mutual rights and obligations of the parties to the contract arising in connection with or on the basis of the purchase contract (hereinafter "Purchase contract") between us and consumers or businesses (hereinafter "Customer" or "You") concerning PELEK Distribution s.r.o. on pelek.at arise.
2.2 Online shop. The Seller's online shop (hereinafter "Online shop") is operated on the website pelek.at PELEK Distribution s.r.o. operated.
2.3 What can you buy from us? In our online shop PELEK Distribution s.r.o. you can purchase goods that we display and offer. If the goods are offered with a licence for use, you can purchase that as well.
2.4 Who is considered a consumer? A consumer is any natural person who concludes a purchase contract with us or otherwise interacts with us outside the scope of their business or independent professional activity (hereinafter "Consumer"). The online shop is intended exclusively for customers - consumers. Sales to businesses are not possible.
2.5 Goods with digital content. These Terms and Conditions shall apply accordingly to contracts for the supply of goods with digital content, unless otherwise specified. Digital content means data created and provided in digital form.
2.6 Goods with digital elements. These Terms and Conditions shall apply accordingly to contracts for the supply of physical media serving exclusively as carriers of digital content, unless otherwise specified. Digital content means data created and provided in digital form.
2.7 Return of electrical appliances. With regard to the obligations under Section 38 of Act No. 185/2001 Coll., on waste, we inform customers that old electrical appliances can be handed in free of charge for environmentally friendly disposal at the following address: Kirilovova 181, 739 21 Paskov.
3. Information for customers before concluding the purchase contract
3.1 Seller's authorization and supervisory authorities. We are authorized to sell goods on the basis of a trade license. Trade licensing supervision is carried out by the competent trade licensing authority within its jurisdiction. Personal data are supervised by the data protection authority. Compliance with Act No. 634/1992 Coll., on Consumer Protection, is monitored to the specified extent, among others, by the Czech Trade Inspection Authority.
3.2 Illustrative nature. The photos shown on our websites are for illustrative purposes only.
3.3 Additional costs. We do not charge any additional costs for means of distance communication (e.g. if you call us, you pay only your regular telephone rate).
3.4 Consumers have the right to withdraw from the purchase contract without giving any reason, for at least 14 days, beginning no later than on the day the goods are received (or the last item, partial delivery, etc.). The seller may extend this period. To meet the deadline, it is sufficient to send notice of exercising the right of withdrawal before the period expires.
3.5 Withdrawal form for the purchase contract. To exercise your right of withdrawal, you must submit an unequivocal statement - by email, telephone or to our address. You may use a model form, but this is not mandatory.
3.6 When the purchase contract cannot be cancelled. The consumer is not entitled to withdraw from these contracts:
3.6.1 concerning the delivery of goods that have been adapted to the customer's requirements or made specifically for the customer;
3.6.2 concerning the delivery of goods whose price depends on fluctuations in the financial market that may occur independently of our control during the withdrawal period;
3.6.3 concerning the delivery of goods that are liable to deteriorate rapidly or that have been irreversibly mixed with other goods after delivery;
3.6.4 concerning the delivery of goods in sealed packaging that the consumer cannot return after opening for reasons of hygiene or health protection; this also applies to audio or video recordings and software if the customer has broken their original packaging;
3.6.5 concerning accommodation, transport of goods, vehicle rental, catering or leisure activities, if these are to be provided on a specific date or during a specific period;
3.6.6 concerning the delivery of newspapers, periodicals or magazines, except for subscription contracts;
3.6.7 concerning the provision of services that have been fully performed; in the case of paid services, only if they began with the consumer's express consent before the expiry of the period and the consumer was informed that the right of withdrawal would expire upon withdrawal;
3.6.8 contracts for urgent repairs or maintenance to be carried out at the consumer's express request; this does not apply to repairs other than those requested or to the supply of spare parts;
3.6.9 contracts for the supply of digital content that is not supplied on a tangible medium and whose delivery has begun with the consumer's express consent before the expiry of the period, and the buyer has been informed that they have no right of cancellation in this case.
3.7 Value of the returned goods and return costs. The customer bears the direct costs of returning the goods. If the value of the returned goods exceeds EUR 40 (EUR 40.01 excluding shipping costs), the seller bears the return costs.
3.8 Refund of the purchase price. If you cancel within the applicable period, we are obliged to refund the purchase price (excluding additional costs if you chose a delivery method other than the least expensive one) using the same method, no later than 14 days after receiving the returned goods or proof that they were sent. We are not obliged to refund the price until the goods have been returned.
3.9 Address for returning the goods. The return label is normally available in the user account on pelek.at. If it has not been provided, use the address: Kirilovova 181, 739 21 Paskov. Or contact us by email at info@pelek.at or by telephone at 601 548 120 to arrange an individual procedure.
3.10 Gifts. If a gift was provided with the goods, a gift agreement is concluded subject to a resolutory condition - if the purchase contract is cancelled, the gift agreement also ceases to be effective and the customer is obliged to return the gift together with the goods.
4. Procedure for concluding the purchase contract
4.1 Creating the order. The customer can select one or more products by adding them to the virtual shopping cart, where they can change the quantity or remove items. After clicking “Checkout,” they enter the delivery details and select the payment method. Before completing the order, they have the option to review and correct it. The process is completed and the purchase contract is concluded by clicking “Order with obligation to pay.”
4.2 Acceptance of the Terms and Conditions. By submitting the order, you confirm that you have familiarized yourself with these Terms and Conditions and agree to them and the Privacy Policy.
4.3 Consent of the legal representative of a minor customer. A minor's purchase requires the prior consent of their legal representative.
4.4 Product characteristics. The customer is obliged to familiarize themselves with the characteristics, type, and recommended use of the goods before submitting the order. By submitting the order, they confirm that they know and understand them.
4.5 Order Confirmation. The seller confirms receipt of the order by email within 2 business days. This confirmation is for informational purposes only - the purchase agreement was already concluded by clicking the button "Order with obligation to pay".
4.6 Language of the Contract. The language of the contract is German.
4.7 Obligations under the Purchase Agreement. Upon concluding the contract, we undertake to hand over the purchased Goods to you and enable you to acquire title to them. You undertake to accept the Goods and pay the price.
4.8 Copy of the Terms and Conditions and Withdrawal Form. The customer will receive a copy of the concluded contract, i.e. the current version of the Terms and Conditions, and the consumer will also receive a withdrawal form within the statutory period.
5. Price of the Goods and Payment Methods
5. Price. All product prices are stated in euros (EUR) and include VAT.
5.2 Payment Options. The payment methods for the price of the Goods and any delivery costs are listed on the page containing the seller's description. We reserve the right not to offer a particular payment method in individual cases. The customer may choose:
5.2.1 PayPal (The customer will be redirected to PayPal, where they will pay the price from their PayPal account 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 the Goods. If the price is displayed as EUR 0 or unreasonably outside the market price (i.e., lower than our purchase price), we reserve the right to remove this item from the proposal to conclude the purchase agreement. You will be informed of this by email.
5.4 Invoice Format. We have agreed that invoices will be sent electronically to your email address.
5.5 Full Payment of the Purchase Price. We reserve title to the Goods until the purchase price has been paid in full in accordance with the respective purchase agreement.
6. Delivery of the Goods and Place of Performance
6.1 Delivery of the Goods. The Goods will be delivered within the specified delivery period for the respective type. We undertake to deliver the Goods no later than within 30 days. We will inform you of any changes to the delivery date. In addition to the purchase price, you are also obliged to pay the costs of packaging and shipping and, where applicable, a surcharge for the selected payment method. Unless expressly agreed otherwise, shipping costs are included in the price. Before the contract is concluded, you will be informed of the final price, including packaging and shipping costs.
6.2 Delivery address. The goods will be delivered to the address specified by the customer in the order.
6.3 Delivery method. The customer may choose the delivery method for any address specified in the order.
6.4 Repeat delivery and costs. If the shipment must be delivered again or differently than agreed due to your fault, you shall bear the associated costs.
6.5 Acceptance of the goods. The risk of damage and accidental deterioration in quality passes to the customer upon acceptance. If the customer is to accept the goods from the carrier, the risk passes at the moment when the customer is given the opportunity to take control of the goods, but no earlier than the specified delivery time.
6.6 Customer's obligation upon acceptance. Upon acceptance, you are obliged to inspect the goods, in particular whether you have received the correct type, whether they are of the agreed quality, and whether the packaging contains everything required. In the event of visible damage to the shipment caused by the carrier, you are obliged not to accept the shipment at all. We are not liable for damage caused by the carrier or for late deliveries, regardless of the cause.
6.7 Damage incurred by the seller due to non-acceptance. If the customer does not accept the shipment, the goods will be returned to the seller, and if the customer does not withdraw from the contract within 14 days after the unsuccessful delivery, the seller is entitled to claim the costs charged by the carrier. These costs constitute the damage caused by the customer's breach of obligations.
7. Rights arising from defective performance
7.1 Defective performance. This section of the Terms and Conditions governs the rights and obligations involved in asserting rights arising from defective performance in the sale of goods between us as the seller and the customer as the buyer.
7.2 When to report defects. Defects must be reported without unnecessary delay after the defect is discovered. Otherwise, the court would not recognize the right to claim defective performance. Defects may be reported within 24 months after acceptance. This does not apply to goods for which a shelf life is specified. In this case, the provisions on quality guarantees (contractual warranty) apply.
7.3 What happens after 24 months? After 24 months have elapsed, defects can no longer be claimed. The period is extended by the time during which you were unable to use the goods because they were undergoing the complaint procedure. Some products must be used in accordance with the instructions; otherwise, they may be damaged, and the complaint may not be accepted.
7.4 Contractual warranty. If a voluntary contractual warranty of more than 24 months has been granted, defects may be reported during this period. The period is extended by the time during which you were unable to use the goods due to a valid complaint.
7.5 Presumption of a defect. If the defect becomes apparent within 12 months of acceptance, the goods are deemed to have been defective at the time of acceptance unless we can prove otherwise.
7.6 Defects for which we are not liable:
7.6.1 The defect already existed when the item was accepted and a discount was agreed,
7.6.2 The defect arose through normal wear and tear or due to the nature of the item,
7.6.3 The defect was caused by improper storage, maintenance, or mechanical damage under unsuitable conditions,
7.6.4 The goods were modified by the customer and the defect arose as a result of this modification,
7.6.5 through use in an unsuitable environment (temperature, humidity, chemical influences, etc.),
7.6.6 The defect arose due to an external event beyond our control (e.g., a natural disaster).
7.7 How to submit a complaint. Exercise of rights arising from defects through the account on pelek.at; on this basis, we will contact you regarding the next steps. Alternatively, directly by email.
7.8 Confirmation of the complaint. After the message is sent, we will contact you within 2 business days. The complaint is deemed to have been submitted when the required data is received.
7.9 Delivery of the returned goods. You must return the goods complete and undamaged (except for the reported defect), ideally in the original packaging. We will cover the costs of remedying the defect. We will agree on the next steps.
7.10 Confirmation. After receiving the returned goods, you will receive confirmation of receipt and their contents at the specified email address.
8. Options for processing and resolving the complaint
8.1 What affects my options. You have the right to choose how the defect is remedied:
8.1.1 Repair of the item, 8.1.2 Delivery of a new item, or
8.1.3 Delivery of the missing part.
The claim must not be unreasonable. If the repair would involve considerable difficulties or would be unreasonable in relation to the value of the item, we will inform you. The same applies if a request for delivery of a new item is unreasonable.
8.2 In the event of a fundamental breach of contract. You have the right to withdraw from the purchase contract or request a reasonable price reduction.
8.3 When can a refund of the purchase price be requested:
8.3.1 we refuse to remedy the defect or fail to do so within a reasonable period;
8.3.2 it is obvious that the defect cannot be remedied in time or without substantial difficulty;
8.3.3 the defect occurs repeatedly;
8.3.4 there has been a fundamental breach of contract.
8.4 When can a price reduction be requested: (the same cases as above).
8.5 Choice of the method of remedying defects. You must inform us which right you are choosing when reporting the defect or without undue delay thereafter. The choice cannot be changed without our consent unless the chosen repair proves impossible.
8.6 Return of the original goods. If the complaint is handled by delivering new goods, you are obliged to return the original goods (unless we agree otherwise). New goods or withdrawal from the contract cannot be requested if you cannot return the goods in the condition in which you received them - this does not apply if their condition changed as a result of identifying a defect or through no fault of your own.
8.7 Closure of the complaint. The complaint procedure will be completed within 3 weeks of asserting the rights arising from defects, unless we agree otherwise.
8.8 Conclusion of the complaint. If the complained-about goods were sent by the transport service provider, they will automatically be returned to your address after processing, together with confirmation of the nature and date of the processing or an explanation for the rejection.
8.9 Obligation upon collection. When collecting the processed complaint, check that the shipment is complete. Subsequent objections will not be accepted.
9. Data Protection
9.1 Principles of Personal Data Processing. Further information about the personal data processed, the manner, purpose and duration of processing can be found in our principles of personal data processing.
10. Force Majeure
10.1 What force majeure is. For the purposes of these GTC, force majeure means any obstacle arising independently of our will that prevents us from fulfilling our obligations, unless it can reasonably be expected that we can avert or overcome the obstacle or its consequences. The exclusion of liability applies only for the duration of the obstacle.
Out-of-court dispute resolution
11.1 Out-of-court resolution of consumer disputes. The Czech Trade Inspection Authority is responsible for the out-of-court resolution of disputes arising from the contract, Štěpánská 567/15, 120 00 Prague 2, Company ID No. 000 20 869, https://adr.coi.cz/cs . The EU online dispute resolution platform can be found at https://ec.europa.eu/consumers/odr .
11.2 European Consumer Centre Czech Republic. European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, https://evropskyspotrebitel.cz , as the contact point pursuant to Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes.
11.3 Complaints. Before initiating an out-of-court resolution, we recommend contacting us at info@pelek.at . We endeavor to resolve disputes amicably. We will process your complaints within 2 business days (48 hours; this period may be extended by weekends and public holidays).
12. Final provisions, including applicable law and jurisdiction
12.1 Obligation to respect consumer rights. If any provision of these General Terms and Conditions conflicts with statutory consumer protection provisions, the law shall prevail and we shall comply with it.
12.2 Invalid provision of the General Terms and Conditions. If a provision is or becomes invalid, it shall be replaced by a provision that comes closest to its meaning. The invalidity of one provision shall not affect the validity of the remaining provisions.
12.3 Law. Where there is an international element, our legal relationship is governed by the law of the Czech Republic, excluding conflict-of-law rules. However, this choice of law may not deprive the consumer of the protection afforded by the law of the country in which they have their habitual residence. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods. Pursuant to Article 6(2) of the Rome I Regulation, the 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 have agreed that, where there is an international element, the courts with local jurisdiction at the seller's registered office shall have jurisdiction. Consumers' rights under special laws remain unaffected.
12.5 If we agree on other terms. The provisions of the General Terms and Conditions form an integral part of the purchase contract. Any differing agreements take precedence.
12.6 Necessity of accepting the General Terms and Conditions to conclude the contract. Acceptance of these General Terms and Conditions is voluntary; however, no purchase contract can be concluded without it.
12.7 Validity of the General Terms and Conditions. These General Terms and Conditions are valid from January 1, 2024, and supersede the previous terms and conditions.