General Terms and Conditions
PELEK Distribution s.r.o. for the sale of goods through the online shop at 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
Authorised representative: Sergii Kryvulia
Registering court / Commercial Register: Municipal Court in Prague Registration number: 231166
Business address: Registered office: Peterská nám. 2, 11000 Prague,
(hereinafter "Seller" or "we")
Telephone: +420774242766
Email: info@pelek.at
Customer service: We provide customer support at the above-mentioned telephone number and email address 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 govern the mutual rights and obligations of the contracting parties 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 may purchase that licence as well.
2.4 Who is considered a consumer? A consumer is any natural person who, outside the scope of their business or independent professional activity, enters into a purchase contract with us or otherwise contacts us (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 provided. 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 data carriers that serve exclusively as carriers of digital content, unless otherwise stated. Digital content means data created and provided in digital form.
2.7 Take-back 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 may be handed in free of charge for environmentally sound disposal at the following address: Kirilovova 181, 739 21 Paskov.
3. Information for customers before concluding the purchase contract
3.1 Seller authorization and supervisory authorities. We are authorized to sell goods under a trade license. Trade licensing supervision is carried out by the relevant trade licensing authority within its jurisdiction. Personal data is 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 Purchase contract withdrawal form. To exercise your right of withdrawal, you must make an unequivocal statement—by email, telephone, or at our address. You may use a model form, but this is not mandatory.
3.6 When a purchase contract cannot be withdrawn from. The consumer is not entitled to withdraw from these contracts:
3.6.1 concerning the delivery of goods that have been customized according to the customer’s requirements or made for the customer;
3.6.2 concerning the delivery of goods whose price depends on fluctuations in the financial market that may occur during the withdrawal period independently of our control;
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 hygiene or health protection reasons; this also applies to audio or video recordings and software if the customer has broken the 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 were begun 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 not supplied on a tangible medium, where performance has begun with the consumer’s express consent before the expiry of the withdrawal period and the buyer has been informed that they will lose their right of withdrawal in such a 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 withdraw within the applicable period, we are required to refund the purchase price (excluding additional costs if you chose a delivery method other than the least expensive one) in the same manner, no later than 14 days after receiving the returned goods or proof that they were sent. We are not required 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 following address: Kirilovova 181, 739 21 Paskov. Alternatively, contact us by email at info@pelek.at or by phone at 601 548 120 to arrange an individual procedure.
3.10 Gifts. If a gift was provided with the goods, a gift agreement with a resolutory condition is concluded—if the purchase contract is rescinded, the gift agreement also ceases to be effective, and the customer is required 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 delete items. After clicking “Checkout,” they enter the delivery details and select the payment method. Before completing the order, they have the opportunity 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 minor customer’s legal representative. A minor’s purchase requires the prior consent of their legal representative.
4.4 Product characteristics. Before submitting the order, the customer is required to familiarize themselves with the characteristics, type, and recommended use of the goods. By submitting the order, they confirm that they know and understand them.
4.5 Order Confirmation. The seller will confirm receipt of the order by email within 2 business days. This confirmation is for information purposes only—the purchase agreement was already concluded by clicking the “Order with obligation to pay” button.
4.6 Language of the Contract. The language of the contract is German.
4.7 Obligations under the Purchase Agreement. Upon conclusion of the contract, we undertake to hand over the purchased Goods to you and enable you to acquire ownership of them. You undertake to accept the Goods and pay the price.
4.8 Copy of the General Terms and Conditions and Withdrawal Form. The customer will receive a copy of the concluded contract, i.e. the current version of the General 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 value-added tax.
5.2 Payment Methods. 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 shown as EUR 0 or is 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 ownership of 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 required to pay the costs of packaging and shipping, as well as any 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 Repeated delivery and costs. If the shipment must be delivered repeatedly or in a manner different from that agreed due to your fault, you will 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 the customer is given the opportunity to take control of the goods, but no earlier than the specified delivery time.
6.6 Customer's duty upon acceptance. Upon acceptance, you are required to inspect the goods, particularly whether you have received the correct type, whether they are of the agreed quality, and whether the packaging contains everything required. If the shipment is visibly damaged by the carrier, you are required not to accept it at all. We are not liable for damage caused by the carrier or for delayed 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. If the customer does not withdraw from the contract within 14 days of 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 duty.
7. Rights arising from defective performance
7.1 Defective performance. This section of the General 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 they are discovered. Otherwise, the court would not recognize the right to defective performance. Defects may be reported within 24 months of acceptance. This does not apply to goods for which a shelf life is specified. In that 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 according to the instructions; otherwise, they may be damaged, in which case 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 presumed 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 from 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 make a complaint. Exercise your rights in respect of defects through your account on pelek.at; based on this, we will contact you regarding the next steps. Alternatively, contact us 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 made when the required information is received.
7.9 Returning the claimed goods. You must return the goods complete and undamaged (apart from the claimed 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 their receipt and contents at the email address provided.
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 present significant difficulties or would not be reasonable in relation to the value of the item, we will inform you. The same applies if requesting delivery of a new item would be unreasonable.
8.2 In the event of a material 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 significant difficulty;
8.3.3 the defect recurs;
8.3.4 there has been a material breach of contract.
8.4 When can a price reduction be requested: (the same cases as above).
8.5 Choice of remedy for defects. You must inform us which right you are exercising when reporting the defect or without unnecessary delay thereafter. You cannot change your choice 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). You cannot demand new goods or withdraw from the contract 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 Conclusion of the complaint. The complaint procedure will be completed within 3 weeks of exercising the rights arising from defects, unless we agree otherwise.
8.8 Completion of the complaint. If the goods subject to the complaint were shipped by the transport service provider, they will be automatically returned to your address after processing, together with confirmation of the type and date of processing or the reason for 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 processing personal data. Further information about the personal data processed, the manner, purpose and duration of processing can be found in our principles for processing personal data.
10. Force Majeure
10.1 What constitutes force majeure. For the purposes of these General Terms and Conditions, 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 as long as the obstacle exists.
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, 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; the 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 GTC conflicts with statutory provisions protecting consumers, the law shall prevail and we shall comply with it.
12.2 Invalid provision of the GTC. 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 Applicable law. Where an international element exists, our legal relationship shall be governed by the law of the Czech Republic, excluding conflict-of-law rules. However, this choice of law shall not deprive the consumer of the protection afforded by the law of the state 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 an international element exists, the courts with local jurisdiction at the seller’s registered office shall have jurisdiction. Consumers’ rights under special laws shall remain unaffected.
12.5 If we agree on other terms. The provisions of the GTC form an integral part of the purchase contract. Deviating agreements shall take precedence.
12.6 Necessity of accepting the GTC for concluding the contract. Acceptance of these GTC is voluntary; however, no purchase contract can be concluded without it.
12.7 Validity of the GTC. These GTC shall be valid from January 1, 2024, and shall revoke the validity of the previous terms and conditions.