General terms and conditions of business
Principal Elektrik sro for the sale of goods via the online shop at pelek.at under the name Principal Elektrik sro
Contents
- Contact information
- Basic concepts
- Information for customers before the conclusion of the purchase agreement
- Process of concluding the purchase agreement
- Price of goods and payment methods
- Delivery of goods and place of performance
- Rights in case of defective performance
- Procedures 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 Operator of the online shop:
Principal Elektrik sro
Address: Osadní 869/32, 17000 Prague, Czech Republic
Company ID: 03402614
VAT ID No.: CZ03402614
Authorized representative: Sergii Kryvulia
Commercial Register: Prague City Court, Registration Number: 231166
Operating address: Peterská nám. 2, 11000 Prague,
(hereinafter referred to as " seller " or " we ")
Phone: +420774242766
E-mail: shop@pelek.eu
Customer service: We offer customer support via the above telephone number and email address on weekdays from 9:00 am to 5:00 pm.
2. Basic concepts
2.1 These general terms and conditions (hereinafter referred to as " GTC ") of the seller govern the mutual rights and obligations of the contracting parties arising in connection with or due to the purchase agreement (hereinafter referred to as " Purchase Agreement ") between us and consumers or entrepreneurs (hereinafter referred to as " Customer " or " you ") via Principal Elektrik sro on pelek.at.
2.2 Online Shop. The seller's online shop (hereinafter referred to as " online shop ") is operated on the website pelek.at Principal Elektrik sro .
2.3 What can you buy from us? In our online shop Principal Elektrik sro , you can purchase goods that we display and offer. If the goods are offered with a license for use, then this license is also included.
2.4 Who is considered a consumer? A consumer is any natural person who enters into a purchase agreement with us or otherwise contacts us outside the scope of their commercial or self-employed professional activity (hereinafter referred to as " 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 apply accordingly to contracts for the supply of goods with digital content, unless otherwise specified. Digital content is defined as data that is created and provided in digital form.
2.6 Goods with digital elements. These General Terms and Conditions apply accordingly to contracts for the supply of physical data carriers that serve exclusively as carriers of digital content, unless otherwise specified. Digital content is data that is created and provided in digital form.
2.7 Take-back of electrical appliances. In accordance with the obligations under Section 38 of Act No. 185/2001 Coll., on Waste, we inform customers that old electrical appliances can be returned free of charge for environmentally sound disposal at the following address: Kirilovova 181, 739 21 Paskov.
3. Information for customers before the conclusion of the purchase agreement
3.1 Seller's Authorization and Regulatory Authorities. We are authorized to sell goods based on a trade license. Trade supervision is carried out by the competent trade authority within its jurisdiction. The data protection authority oversees the processing of personal data. 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 remote communication (e.g., if you call us, you only pay your regular rate for the call).
3.4 Consumers have the right to withdraw from the purchase contract without giving reasons, within a period of at least 14 days, which begins no later than the day on which the goods (or the last item, partial delivery, etc.) are received. The seller may extend this period. To meet the deadline, it is sufficient to send notification of the exercise of the right of withdrawal before the deadline expires.
3.5 Form for withdrawing from the purchase agreement. To exercise your right of withdrawal, you must submit a clear statement – by email, telephone, or to our address. You may use a sample form, but this is not mandatory.
3.6 When a purchase contract cannot be cancelled. The consumer is not entitled to cancel these contracts:
3.6.1 concerning the supply of goods that have been adapted to the customer's requirements or manufactured for his personal use;
3.6.2 concerning the supply of goods whose price depends on fluctuations in the financial market which may occur independently of our will during the withdrawal period;
3.6.3 concerning the supply of goods which are liable to deteriorate or perishable or which, after delivery, have been irrevocably mixed with other goods;
3.6.4 concerning the supply of goods in sealed packaging which the consumer cannot return for reasons of hygiene or health after opening; this also applies to audio or video recordings and programs if the customer has damaged their original packaging;
3.6.5 concerning accommodation, transport of goods, rental of means of transport, catering or leisure activities, if these are to be provided on a specific date or within a specific period;
3.6.6 concerning the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
3.6.7 concerning the provision of services that have been fully performed; in the case of services for remuneration, only if they were started with the express consent of the consumer before the expiry of the period and he was informed that the right of withdrawal expires with the withdrawal;
3.6.8 concerning urgent repairs or maintenance to be carried out at the express request of the consumer; this does not apply to repairs other than those requested or the supply of spare parts;
3.6.9 concerning the supply of digital content which is not supplied on a tangible medium and whose supply has begun with the express consent of the buyer before the expiry of the period and the buyer has been informed that in this case he has no right of withdrawal.
3.7 Value of returned goods and return shipping costs. The customer bears the direct costs of returning the goods. If the value of the returned goods exceeds 990 CZK (excluding shipping costs, 990.01 CZK), the seller bears the return shipping costs.
3.8 Refund of the purchase price. If you cancel within the cancellation period, we are obligated to refund the purchase price (excluding any additional costs incurred if you chose a delivery method other than the cheapest one) using the same payment method, at the latest within 14 days of receiving the returned goods or proof of shipment. We are not obligated to refund the price if the goods are not returned.
3.9 Return address. The return label is usually located in your user account at pelek.at. If it is not provided, please use the following address: Kirilovova 181, 739 21 Paskov. Alternatively, contact us by email at shop@pelek.eu or by phone at +44 601 548 120 to arrange an individual procedure.
3.10 Gifts. If a gift is provided with the goods, a gift agreement with a condition subsequent is concluded – if the purchase agreement is cancelled, the gift agreement also becomes invalid and the customer is obliged to return the gift together with the goods.
4. Procedure for concluding the purchase agreement
4.1 Order Placement. 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 their delivery information and select the payment method. Before finalizing the order, they have the opportunity to review and correct it. Clicking "Place Order" completes the process and concludes the purchase agreement.
4.2 Acceptance of the Terms and Conditions. By submitting your order, you confirm that you have read and agree to these Terms and Conditions and the Privacy Policy.
4.3 Consent of the legal representative of the minor customer. A purchase by a minor requires the prior consent of their legal representative.
4.4 Product Characteristics. The customer is obligated to inform themselves about the characteristics, type, and recommended use of the goods before submitting the order. By submitting the order, they confirm that they are aware of and understand these characteristics.
4.5 Order Confirmation. The seller will confirm receipt of the order by email within 2 business days. This confirmation is for informational purposes only – the purchase agreement was concluded by clicking the "Place order" button.
4.6 Language of the contract. The language of the contract is Czech.
4.7 Obligations arising from the purchase agreement. Upon conclusion of the contract, we undertake to deliver the purchased goods to you and to enable the transfer of ownership. You undertake to accept the goods and to pay the price.
4.8 Copy of the Terms and Conditions and Cancellation Form. The customer receives a copy of the concluded contract, i.e., the current version of the Terms and Conditions, and the consumer also receives a cancellation form within the statutory period.
5. Price of goods and payment methods
5. Price. All product prices are quoted 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 seller's product page. We reserve the right not to offer a particular payment method in individual cases. The customer can choose:
5.2.1 PayPal (The customer will be redirected to PayPal, where they can pay the price from their PayPal account in accordance with PayPal's terms of use, which are 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 displayed is 0 CZK or unreasonably below the market price (i.e., lower than our purchase price), we reserve the right to remove this item from the offer to conclude the purchase contract. 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 retain title to the goods until full payment of the purchase price in accordance with the respective purchase agreement.
6. Delivery of goods and place of performance
6.1 Delivery of Goods. The goods will be delivered within the specified delivery period for the respective type. We undertake to deliver the goods within 30 days at the latest. We will inform you of any changes to the delivery date. Along with the purchase price, you are also obligated to pay the costs for packaging and shipping, as well as any applicable surcharge for the chosen payment method. Unless expressly agreed otherwise, the shipping costs are included in the price. Before the conclusion of the contract, 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 Type of delivery. The customer can choose the type of delivery to any address specified in the order.
6.4 Repeated delivery and costs. If the shipment has to be delivered repeatedly or differently than agreed due to your fault, you will bear the associated costs.
6.5 Acceptance of Goods. The risk of damage and accidental deterioration of 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 access to the goods, but no earlier than the specified delivery time.
6.6 Customer's Obligations Upon Acceptance. Upon acceptance, you are obligated to inspect the goods, in particular to ensure that you have received the correct type, that they meet the agreed quality standards, and that the packaging contains all required components. If the shipment shows visible damage caused by the carrier, you are obligated to refuse acceptance. We are not liable for damage caused by the carrier, nor 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 are returned to the seller, and the customer does not withdraw from the contract within 14 days of unsuccessful delivery, the seller has the right to claim the costs charged by the carrier. These costs represent the damage incurred due to the customer's breach of obligations.
7. Rights arising from defective performance
7.1 Defective Performance. This part of the General Terms and Conditions governs the rights and obligations when asserting claims 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 undue delay after their discovery. Otherwise, the court will not recognize the right to claim for defective performance. Defects can be reported within 24 months of acceptance. This does not apply to goods for which a shelf life is specified. In this case, the provisions regarding quality guarantees (contractual warranty) apply.
7.3 What happens after 24 months? After 24 months, claims for defects can no longer be made. The period is extended by the time you were unable to use the goods because they were undergoing the warranty claim process. Some products must be used according to the instructions; otherwise, they may be damaged, in which case the claim cannot be accepted.
7.4 Contractual Warranty. If a voluntary contractual warranty of more than 24 months has been granted, defects can be reported during this period. The warranty period is extended by the time during which you were unable to use the goods due to a valid claim.
7.5 Presumption of a defect. If the defect becomes apparent within 12 months of delivery, the goods are deemed to have been defective upon delivery, unless we can prove otherwise.
7.6 For which defects we are not liable:
7.6.1 The defect already existed at the time of the takeover and a discount was agreed upon.
7.6.2 The defect arose from 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 shortage arose due to an external event beyond our control (e.g., a natural disaster).
7.7 How to submit a complaint. Claims for defects can be submitted via your account on pelek.at; we will then contact you regarding further steps. Alternatively, you can contact us directly by email.
7.8 Confirmation of the complaint. After sending the message, we will contact you within 2 business days. The date of receipt of the required data is considered the date the complaint is submitted.
7.9 Return of the defective goods. You must return the goods complete and undamaged (except for the defect in question), ideally in the original packaging. We will cover the costs of remedying the defect. We will agree on the further procedure.
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 This affects my options. You have the right to choose how defects are 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 demand must not be unreasonable. If the repair would present significant difficulties or be disproportionate to the value of the item, we will inform you. The same applies to an unreasonable demand for delivery of a new item.
8.2 In the event of a material breach of contract, you have the right to withdraw from the purchase agreement or to demand an appropriate 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 time;
8.3.2 it is obvious that the deficiency cannot be remedied in a timely manner or without significant difficulty;
8.3.3 The deficiency occurs repeatedly;
8.3.4 This constitutes a material breach of contract.
8.4 When can a price reduction be requested: (the same cases as above).
8.5 Choice of method of remedy. You must inform us of your chosen method of remedy when reporting the defect or without undue delay thereafter. Changing your choice without our consent is not possible unless the chosen repair proves impossible.
8.6 Return of the original goods. When processing a complaint by delivering new goods, you are obliged to return the original goods (unless we agree otherwise). New goods or a refund cannot be demanded if you cannot return the goods in the condition in which they were received – this does not apply if the condition has changed due to the discovery of a defect or through no fault of your own.
8.7 Conclusion of the complaint procedure. The complaint procedure will be concluded within 3 weeks of asserting the right arising from defects, unless we agree otherwise.
8.8 Complaint Resolution. If the goods being claimed have been shipped by the transport service provider, they will be automatically returned to your address after processing, along with confirmation of the type and date of processing or a reason for the rejection.
8.9 Obligation upon collection. When collecting your processed complaint, please check that the shipment is complete. Any objections raised later will not be accepted.
9. Data protection
9.1 Principles of personal data processing. Further information about the personal data processed, the type, purpose and duration of processing can be found in our principles on personal data processing.
10. Force Majeure
10.1 What constitutes force majeure. For the purposes of these Terms and Conditions, force majeure shall be 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 shall only apply for the duration of the obstacle's existence.
11. Out-of-court dispute resolution
11.1 Out-of-court settlement of consumer disputes. The Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, Company ID No. 000 20 869, https://adr.coi.cz/cs , is responsible for the out-of-court settlement of disputes arising from this contract . The EU platform for online dispute resolution can be found at https://ec.europa.eu/consumers/odr .
11.2 European Consumer Centre Czech Republic. The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, https://evropskyspotrebitel.cz , can be contacted as a 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 settlement, we recommend contacting us at shop@pelek.eu . We strive 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. Should any provision of these Terms and Conditions conflict with statutory provisions for the protection of consumers, the law shall prevail and we shall comply with it.
12.2 Invalid provision of the General Terms and Conditions. Should any provision be or become invalid, it shall be replaced by a provision that most closely approximates its intended meaning. The invalidity of one provision shall not affect the validity of the remaining provisions.
12.3 Law. In cases with an international element, our legal relationship is governed by the law of the Czech Republic, excluding its conflict of laws rules. However, this choice of law shall not deprive the consumer of the protection afforded to him or her by the law of the state of his or her 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 without this clause shall always apply.
12.4 Disputes and Jurisdiction. The contracting parties have agreed that, in the event of an international element, the competent courts shall be located at the seller's place of business. Consumer rights under specific laws remain unaffected.
12.5 If we agree on other terms. The provisions of the General Terms and Conditions are an integral part of the purchase agreement. Deviating agreements take precedence.
12.6 Necessity of accepting the General Terms and Conditions for concluding the contract. Acceptance of these General Terms and Conditions is voluntary; however, a purchase contract cannot be concluded without them.
12.7 Validity of the Terms and Conditions. These Terms and Conditions are valid from January 1, 2024, and supersede the validity of the previous Terms and Conditions.
