General terms and conditions

PELEK Distribution s.r.o. za prodajo blaga preko spletne trgovine, ki se nahaja na pelek-sl.com z imenom PELEK Distribution s.r.o.

Content

Contact information
Basic terms
Notice to customers before concluding the purchase contract
Procedure for concluding the purchase contract
Price of goods and payment methods
Delivery of goods and place of performance
Rights arising from improper performance
Methods of complaint resolution and closure
Personal data protection
Force majeure
Alternative dispute resolution
Final part, including governing law and jurisdiction

1. Contact information

1.1 Online store operator:

PELEK Distribution s.r.o.

Registered office: Vlkova 532/8, 13000 Prague, Czech Republic

MŠO: 26719941

VAT: CZ26719941

Authorized representative: Sergii Kryvulia

Registry court / business register: Municipal Court in Prague Registration number: 231166

Business address: Peteřska nam 2, 11000 Prague,

(hereinafter referred to as the "seller" or "we")

Phone: +420774242766

Email: shop@pelek.eu

Customer service: We provide customer support to our customers at the above phone number and email on working days from 9:00 to 17:00.

2. Basic terms

2.1 These general terms and conditions (hereinafter referred to as "GTC") of the seller regulate 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")

uzavirana med nami in potrošniki ali podjetniki (v nadaljevanju „stranka“ ali „vi“) preko PELEK Distribution s.r.o. na pelek-sl.com.

2.2 Spletna trgovina. Spletna trgovina prodajalca (v nadaljevanju „spletna trgovina“) se upravlja na spletni strani pelek-sl.com PELEK Distribution s.r.o.

2.3 Kaj lahko pri nas kupite? V naši spletni trgovini PELEK Distribution s.r.o. lahko kupite blago, ki ga razstavljamo in ponujamo. Če je blagu ponujena, potem tudi licenca za uporabo.

2.4 Who is considered a consumer? A consumer is any natural person who, outside the scope of their business activity or independent professional practice, enters into a purchase contract with us or otherwise acts legally with us (hereinafter referred to as the "consumer"). The online store is intended only for customers who are consumers. Sales to companies are not possible.

2.5 Goods with digital content. For contracts for the supply of goods with digital content, these general terms and conditions apply accordingly, unless otherwise specified. Digital content means data created and provided in digital form.

2.6 Goods with digital elements. For contracts for the supply of physical data carriers that serve exclusively as carriers of digital content, these general terms and conditions apply accordingly, unless otherwise specified. Digital content means data created and provided in digital form.

2.7 Collection of electrical devices. In compliance with the obligations set out in § 38 of Act 185/2001 Coll. on waste, as amended, we inform customers that old electrical devices can be handed over free of charge for destruction at the address: Kirilovova 181, 739 21 Paskov, .

3. Customer messages before concluding the purchase contract

3.1 Seller's authorizations and supervisory authorities. We are authorized to sell goods based on a trade license. Trade supervision is carried out within its competence by the competent trade office. Personal data supervision is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, to a certain extent.

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 telecommunication means (e.g.

if you call our phone number, you will only pay your usual rate for the phone call).

3.4 Consumers have the right to withdraw from the purchase contract without giving any reason, at least within 14 days, which starts no later than the day of receipt of the goods (or the last product, partial shipment, or last piece in the case of a contract for multiple pieces of goods from one order, or delivery of goods in multiple partial shipments or pieces). The seller may provide a longer period. To meet the deadline, it is sufficient to send a message regarding the exercise of the right to withdraw from the contract before the deadline expires.

3.5 Withdrawal form from the purchase contract. To exercise your right of withdrawal, you must do so clearly by email, phone, or address, or by other means. You may use the attached sample withdrawal form, but this is not obligatory.

3.6 When you do not have the right to withdraw from the purchase contract. The buyer is not entitled to withdraw from the following contracts:

3.6.1 about the delivery of goods that have been customized and/or created at the buyer's request or for their person;

3.6.2 about the delivery of goods whose price depends on fluctuations in financial markets, independent of our will, which may occur during the withdrawal period from the purchase contract;

3.6.3 about the delivery of goods subject to rapid spoilage, as well as goods that have been irreversibly mixed with other goods after delivery;

3.6.4 about the delivery of goods in sealed packaging, which the consumer has removed from the packaging and which for health or hygiene reasons is not suitable for return after the consumer has damaged it, which also applies to audio or video recordings and computer programs, if the buyer has damaged their original packaging;

3.6.5 about accommodation, transport of goods, rental of a means of transport, catering, or leisure services, if they are to be fulfilled on a specific date or during a specific period according to the contract;

3.6.6 about the delivery of newspapers, periodicals, or magazines, except contracts for their subscription;

3.6.7 about the provision of services, if they have been fully provided; in the case of paid performance, only if it started with the prior explicit consent of the consumer before the withdrawal period expired and the entrepreneur informed the consumer before concluding the contract that the right of withdrawal ceases with the provision of performance;

3.6.8 about urgent repair or maintenance to be carried out at a place designated by the consumer at their explicit request; this does not apply to the performance of repairs other than those requested or the supply of goods other than spare parts necessary for the repair or maintenance;

3.6.9 about the delivery of digital content, if it was not delivered on a physical medium and was delivered with your prior explicit consent before the withdrawal period expired 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 returned goods and related return costs. You bear the direct costs of returning the goods. If the value of the returned goods exceeds 990 Kč (990.01 Kč excluding postage), the seller covers the return costs.

3.8 Refund. In case of withdrawal from the purchase contract within the withdrawal period, we are obliged to refund the purchase price (except for additional costs if you chose a delivery method other than the seller’s cheapest standard delivery), using the same payment method as when receiving the money, unless otherwise agreed, no later than 14 days from the moment we receive the returned goods or reliable proof of their dispatch. No fees will be charged to you for this refund. If we do not receive the goods back, we are entitled not to refund the purchase price.

3.9 Return shipping address. The return label is usually available in the user account on pelek-sl.com. If we have not provided a return label, please use the following address to send the goods: Kirilovova 181, 739 21 Paskov. If necessary, please contact us via email at shop@pelek.eu or by phone at 601548120 to ensure your rights for returning goods and to arrange an individual procedure.

3.10 Gift. If a gift is given to the buyer together with the goods, the gift contract between us and the buyer is concluded on the condition that if the buyer or we withdraw from the purchase contract, the gift contract regarding such a gift ceases to be valid and the buyer is obliged to return the gift along with the goods.

4. Purchase contract conclusion process

4.1 Order creation. The buyer can select one or more products by adding them to the virtual shopping cart, where the buyer can view the selected products, change their quantity, or remove them from the cart. By pressing the "Checkout" button, the buyer is prompted to enter information related to shipping and payment method selection. Before completing the order, the buyer can review and modify the data entered in the order, including customer information. By clicking the "Order binding to payment" button, the ordering process is completed and the purchase contract is concluded.

4.2 Confirmation of T&Cs. By placing an order, you confirm that you have read and agree to these T&Cs and our personal data processing principles.

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

4.4 Properties of goods. The buyer is obliged to familiarize themselves with the properties, type, and recommended use of the goods before completing the order. By placing the order, the buyer confirms that they have read and understood this information.

4.5 Order confirmation. The seller confirms the received order from the buyer by sending an order confirmation via email. This order confirmation is used solely to inform the buyer that the order has been received and will be processed no later than 2 working days from the buyer's order submission. The purchase contract is concluded at the moment the button "Order binding to payment" is pressed.

4.6 Contract language. The contract language is Czech.

4.7 Obligations arising from the purchase contract. By concluding the purchase contract, we commit to delivering the purchased goods to you and enabling you to acquire ownership rights to the goods. By concluding the purchase contract, you commit to accepting the goods and paying us the price of the goods.

4.8 Copies of the Terms and Conditions and the withdrawal form. The buyer receives a copy of the concluded purchase contract, i.e., the current text of these Terms and Conditions. The consumer buyer also receives a withdrawal form within the statutory period.

5. Price of goods and payment methods

5.1 Price. All prices of goods are listed in Czech crowns (CZK) and include VAT.

5.2 Payment options. Payment methods for the price of goods and any costs related to the delivery of goods are also listed on the seller's description page. We reserve the right not to offer partial payment methods to the buyer in certain cases. The buyer has the option:

5.2.1 PayPal (The buyer is redirected to PayPal, where they pay the purchase 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 goods. In case of displaying an unrealistic price of 0 CZK or a highly non-market price, where a non-market price is a price below our purchase price, we reserve the right to remove this item from your purchase contract proposal. You will be notified about this via your email address.

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 the right to ownership of the goods by the buyers until full payment of the purchase price in accordance with the relevant purchase contract.

6. Delivery of goods and place of fulfillment

6.1 Delivery of goods. The goods will be delivered within the delivery period specified for the particular type of goods. We always commit to delivering the goods no later than within 30 days. You will be informed of any changes in the delivery time.

We will always notify you about the delivery. Together with the purchase price, you are also obliged to pay us any costs related to packaging and delivery of the goods in the agreed amount, as well as any surcharge for the chosen payment method. Unless explicitly stated otherwise, the purchase price also includes the costs related to the delivery of the goods. Before concluding the purchase contract, you will be informed of the final price, which includes packaging and transportation costs.

6.2 Delivery address. The goods are delivered to the address provided by the buyer in the order.

6.3 Method of transport. The buyer may choose the method of transport of the goods to any address specified in the order.

6.4 Redelivery and related costs. If, for reasons on your part, it is necessary to deliver the goods again or in a different way than specified in the order, you are obliged to cover the costs related to the redelivery of the goods or the costs related to the alternative delivery method.

6.5 Receipt of goods. At the moment the goods are received by the buyer, the risk of damage and accidental deterioration of the quality of the purchased goods passes to the buyer. If the buyer had to receive the goods from the carrier, the risk passes

The risk of accidental destruction and accidental deterioration of the quality of the purchased goods passes to the buyer at the moment they are allowed to dispose of the goods, but not before the specified delivery time.

6.6 Buyer’s obligation upon receipt of goods. Upon receipt of the goods, you are required to check and verify their properties (especially whether you have received the correct type of goods, whether the goods have the agreed quality, and whether the goods in their packaging contain everything they should according to the instructions). In case of visible damage to the shipment caused by the carrier, the buyer is obliged not to accept such shipment from the carrier at all. We do not accept responsibility for damage caused by the carrier or for delays in the delivery of goods, regardless of the reason for the delay.

6.7 Damage that may occur to the seller due to non-acceptance of goods. If the consumer buyer does not accept the goods upon delivery by the carrier, the goods are returned to the Seller, and if the consumer buyer does not withdraw from the purchase contract within 14 days of the unsuccessful delivery, the seller is entitled to claim from the buyer the costs charged by the carrier for returning the goods to the seller. This cost represents damage to the seller caused by the buyer's breach of legal obligations.

7. Rights from defective performance

7.1 Defective performance. This part of the general terms and conditions regulates the rights and obligations when exercising rights from defective performance in the sale of goods between us as the seller and the buyer as the purchaser.

7.2 When to claim damaged goods. You must claim defects in the goods without unnecessary delay, as soon as the defect appears. Otherwise, the court would not recognize your right from defective performance. You have the right to claim a defect that appears in consumer goods, within 24 months of receiving the goods. This does not apply to goods for which the period of use is stated on the packaging, label, instructions, enclosed with the goods, or in the advertisement in accordance with other legal regulations. The provisions on quality warranty (contractual warranty) apply here.

7.3 What happens after 24 months have passed? After 24 months, it is no longer possible to claim defects in the goods. If possible for the given goods, this period is extended by the time during which you could not use the goods due to a justified complaint process. Although we strive to always resolve complaints to your satisfaction, some goods must be handled according to the instructions on the packaging/label/in the enclosed information – otherwise, they may be damaged.

7.4 Contractual warranty. If a voluntary contractual warranty longer than 24 months from the receipt of the goods was provided for the goods, you may claim defects within this period. The period is extended by the time during which you could not use the goods due to a justified complaint process.

7.5 Assumption that the goods are defective. If a defect appears within 12 months of receiving the goods, it is assumed that the goods were defective at the time of receipt, unless proven otherwise.

7.6 For which defects are we not responsible? We are not responsible for defects in the following cases: 7.6.1 if the defect in the goods was present upon receipt and a discount on the purchase price was agreed for this defect,

7.6.2 The defect in the goods is caused by wear and tear from normal use or arises from the nature of the goods,

7.6.3 is caused by your and arose from improper storage, improper maintenance, your intervention, or mechanical damage, all under conditions that do not correspond to their temperature, dust, moisture, other environmental influences and are directly specified by us or the manufacturer (usually on the attached instructions/label of the goods), or arise from legal regulations,

7.6.4 goods that the customer has altered and the defect arose due to this alteration,

7.6.5 by using the goods under conditions that do not correspond to their temperature, dust, moisture, chemical and mechanical environmental influences directly specified by the seller or manufacturer, or arising from legal regulations,

7.6.6 the defect was caused by an external event beyond our control (e.g., natural disaster).

7.7 What do I need to do to enforce the defect of the goods? To enforce rights arising from defects in goods, contact us through your user account on pelek-sl.com; based on this, we will contact you and arrange the next steps. You can also contact us directly at our email address.

7.8 Confirmation of receipt of the complaint. After sending the message about exercising your rights regarding the complaint, we will respond within 2 working days. The moment the complaint is considered filed is when we receive your data about exercising the complaint.

7.9 Return of the claimed goods to the seller. The goods must be returned in full, undamaged (except for the claimed defect), ideally in the original undamaged packaging, so that we can observe proper hygiene practices. We will take the goods at our own expense to remove the defect. We will contact you to arrange the next steps.

7.10 Confirmation. After receiving the claimed goods, a confirmation of receipt of the complaint and its content will be sent to your specified email address.

8. Methods of resolving and concluding the complaint

8.1 What affects my options. You have the right to request removal of the defect. Depending on your choice, you can select:

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

8.1.3 delivery of the missing part.

From your side, this should not be an unreasonable request. If repairing the item will pose significant difficulties for us or if the request is unreasonable considering the item's value and the importance of the defect, we will inform you. We will also act if we assess your request for a replacement item as unreasonable given the defect or the item's value.

8.2 If it concerns a fundamental breach of the purchase contract. If the defect constitutes a fundamental breach of the purchase contract, you will have the right to withdraw from the purchase contract or to demand a reasonable discount on the purchase price of the goods.

8.3 When can a refund of the purchase price be demanded? In some situations, it will be possible to withdraw from the purchase contract and demand a refund of the purchase price. This will not be possible if the defect in the goods is not significant. What are the situations when you can withdraw from the purchase contract and demand a refund of the purchase price:

8.3.1 we refuse to remedy the defect in the goods or have not remedied the defect within a reasonable time;

8.3.2 from our statement or other circumstances it will be obvious that the defect cannot be remedied within a reasonable time or without significant difficulties for the buyer;

8.3.3 the defect in the goods recurs; or

8.3.4 it concerns a fundamental breach of the purchase contract.

8.4 When can a reasonable discount on the purchase price of the goods be demanded? In some situations, you will be able to demand a reasonable discount on the purchase price. This will not be possible if the defect in the goods is not significant. What are the situations when you can demand a reasonable discount on the purchase price?

8.4.1 we refuse to remedy the defect in the goods or have not remedied the defect within a reasonable time;

8.4.2 from our statement or other circumstances it will be obvious that the defect cannot be remedied within a reasonable time or without significant difficulties for the buyer;

8.4.3 the defect in the goods recurs; or

8.4.4 it concerns a fundamental breach of the purchase contract.

8.5 Notify us of the method of resolving the complaint. You are obliged to inform us which right arising from the defective performance you have chosen, either when notifying the defect or without undue delay after notifying the defect. You cannot change the chosen option without our consent; this does not apply if you request a repair of a defect that proves to be irreparable.

8.6 Return of the original goods. When handling a complaint with the delivery of new goods, you are obliged to return the goods originally delivered (unless otherwise agreed). The buyer cannot demand the delivery of new goods (nor withdraw from the purchase contract) if they cannot return the goods in the condition in which they were received. This does not apply if you used the goods before discovering the defect or if the condition changed when identifying the defect. Also, if the goods cannot be returned in their original condition through no fault of yours.

8.7 When will the complaint process be completed? The complaint process is completed within 3 weeks from the assertion of the right due to the defect, unless otherwise agreed.

8.8 Conclusion of the complaint. If the claimed goods were sent to us for complaint via a carrier, after resolving the complaint, they will be automatically sent to your address along with confirmation of the date and method of complaint resolution, including confirmation of repair execution and complaint duration, possibly also with an explanation of complaint rejection.

8.9 Obligation upon receipt of the claimed goods. You are also obliged upon receipt to check the completeness of the claimed goods, especially that the shipment contains everything it should. Later complaints will no longer be considered.

9. Personal data protection

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

10. Force majeure

10.1 What is force majeure. For the purposes of these GTC, force majeure means any obstacle that arises independently of our will and prevents us from fulfilling our obligations, if it is not reasonably foreseeable that this obstacle or its consequences could be averted, overcome, or anticipated. Effects that exclude

liability is limited only to the duration of the obstacle to which these effects are related.

11. Alternative dispute resolution

11.1 Dispute mediation. The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is responsible for mediating consumer disputes arising from sales contracts. The online dispute resolution platform, available at https://ec.europa.eu/consumers/odr , can be used to resolve disputes between sellers and buyers from sales contracts.

11.2 European Consumer Centre CZ. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: https://evropskyspotrebitel.cz is the contact point under the Regulation of the European Parliament and Council (EU) No. 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Online Dispute Resolution Regulation).

11.3 Complaints. Before starting out-of-court dispute resolution, we recommend contacting our email address shop@pelek.eu. We always strive to resolve any dispute amicably first. Your complaints

will be resolved no later than within 2 working days (48 hours, this time may be extended for days of working peace and public holidays customary within the Czech Republic).

12|Final part, including applicable law and jurisdiction.

12.1 Obligation to respect consumer rights. If any provision of these GTC conflicts with legislative provisions for consumer protection, the law takes precedence and we commit to respecting it accordingly.

12.2 Invalid or ineffective provision of the GTC. If any provision of the GTC is invalid or ineffective, or becomes so, provisions whose meaning most closely approximates the invalid provision shall be applied instead. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions.

12.3 Legal system. In the case of an international element, we agree that our legal relationship will be governed by the legal system of the Czech Republic, excluding all conflict of law provisions referring to another legal system. However, this choice of law must not deprive the consumer user of the protection provided by the legal provisions of the country of their habitual residence. The parties to the contract agree to expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods. According to Article 6(2) of Regulation Rome I, mandatory provisions of law that would apply without this clause always apply.

12.4 Disputes and jurisdiction. The parties to the contract further agree that for resolving any disputes arising from the purchase contract involving an international element, the courts locally competent according to the location of our registered office shall always have jurisdiction. This does not affect the rights of consumers under special legal regulations.

12.5 If we agree on different terms for concluding the purchase contract. The provisions of the GTC are an integral part of the purchase contract. Provisions that deviate from the GTC can be agreed upon in the purchase contract. Deviations in the purchase contract take precedence over the provisions of the GTC.

12.6 Necessity to read the GTC to conclude the purchase contract. Reading these GTC is voluntary, but unfortunately, it is not possible to conclude the purchase contract without reading them.

12.7 Validity of the GTC. These GTC are valid from 01.01.2024 and revoke the validity of previous terms and conditions.