General terms and conditions of sale
PELEK Distribution s.r.o. the sale of products in the online store located at pelek.fi under the name PELEK Distribution s.r.o.
Contents
- Contact details
- Basic concepts
- Information provided to customers before concluding a sales contract
- Sales contract formation process
- Product prices and payment methods
- Product delivery and place of delivery
- Rights arising from defective performance
- Complaint handling procedures and resolution
- Protection of personal data
- Force majeure
- Alternative dispute resolution
- Final provisions, including applicable law and jurisdiction
1. Contact details
1.1 Online store operator:
PELEK Distribution s.r.o.
Address: Vlkova 532/8, 13000 Prague, Czech Republic
Business ID: 03402614
VAT number: CZ03402614
Authorized representative: Sergii Kryvulia
Commercial register / business register: Municipal Court in Prague Registration number: 231166
Registered office address: Peteřska nam 2, 11000 Prague,
(hereinafter referred to as the "seller" or "we")
Phone: +420 705 724 353
Email: info@pelek.fi
Customer service: We provide customer support at the telephone number and email address above on weekdays from 9:00 to 17:00.
2. Basic concepts
2.1 These general terms and conditions of sale (hereinafter referred to as the "GTCs") govern the rights and obligations between the seller and the customer (hereinafter referred to as the "customer" or "you") arising from or relating to a sales contract (hereinafter referred to as the "sales contract")
entered into between us and consumers or entrepreneurs (hereinafter referred to as the "customer" or "you") PELEK Distribution s.r.o. via pelek.fi.
2.2 Online store. The seller's online store (hereinafter referred to as the "online store") operates on the website pelek.fi PELEK Distribution s.r.o.
2.3 What can you buy from us? In our online store PELEK Distribution s.r.o. you can purchase the products we present and offer. If a product is offered, the right to use it is also offered.
2.4 Who is a consumer? A consumer is any natural person who enters into a sales contract with us outside their business or independent professional activity (hereinafter referred to as the "consumer"). The online store is intended only for consumer customers. Sales to businesses are not possible.
2.5 Products containing digital content. These GTCs apply as appropriate to contracts for the delivery of products containing digital content, unless otherwise provided. Digital content means data that is created and supplied in digital form.
2.6 Products containing digital elements. These Terms and Conditions apply, as appropriate, to contracts for the delivery of physical media that serve exclusively as carriers of digital content, unless otherwise provided. Digital content means data created and supplied in digital form.
2.7 Disposal of electrical equipment. In accordance with Act No. 185/2001 Coll., on waste, as amended, we inform customers that old electrical equipment may be handed over free of charge for disposal at: Kirilovova 181, 739 21 Paskov, .
3. Notices to customers before concluding the sales contract
3.1 Seller's authorization and supervisory authorities. We are authorized to sell products under a business license. Business activities are supervised by the relevant business authority. Personal data is supervised by the Data Protection Authority. The Czech consumer protection authority supervises consumer protection in accordance with Act No. 634/1992 Coll.
3.2 Illustrative nature. The photographs you see on our website are for illustrative purposes only.
3.3 Additional costs. We do not charge additional costs for telecommunications equipment (e.g.
if you call us on our telephone number, you will pay only your standard call rate).
3.4 Consumers have the right to cancel the sales contract without giving any reason within at least 14 days, starting no later than upon receipt of the goods (or the last product, partial delivery, or individual item in an order for multiple products, or the delivery of goods in multiple partial deliveries or items). The seller may provide a longer period. To meet the deadline, it is sufficient to send notification of exercising the right of cancellation before the period expires.
3.5 Cancellation form. To exercise your right of cancellation, you must notify us clearly by email, telephone, post, or other means. You may use the attached model form to cancel the sales contract, but you are not required to do so.
3.6 When you cannot cancel the sales contract. The customer is not entitled to cancel the following contracts:
3.6.1 the supply of goods that have been modified and/or created according to the customer's wishes or for their personal needs;
3.6.2 the supply of goods whose price depends on fluctuations in the financial markets that are beyond our control and which may occur during the cancellation period;
3.6.3 the supply of goods that deteriorate rapidly, and goods that have been irreversibly mixed with other goods after delivery;
3.6.4 the delivery of goods in sealed packaging that the consumer has opened and which cannot be returned for health or hygiene reasons after the consumer has broken the seal, which also applies to audio or video recordings and computer software if the customer has broken their original packaging;
3.6.5 accommodation, transport of goods, vehicle rental, catering or leisure activities if, under the contract, they are to be provided on a specific date or during a specific period;
3.6.6 the delivery of newspapers, periodicals or magazines, except for subscriptions to their delivery;
3.6.7 the provision of services if they have been fully performed; in the case of a paid service, only if it was started with the consumer's prior consent before the expiry of the cancellation period and the entrepreneur informed the consumer before entering into the contract that performance would cancel the right to cancel the contract;
3.6.8 urgent repairs or maintenance that must be carried out at a specific location at the consumer's express request; this does not, however, apply to carrying out repairs other than those requested or supplying parts other than those necessary to perform the repair or maintenance;
3.6.9 delivery of digital content if it has not been supplied on a tangible medium and has been supplied with your prior consent before the expiry of the cancellation period, and we informed you before entering into the sales contract that in such a case you do not have the right to cancel the sales contract.
3.7 Value of the returned goods and related return costs. You are responsible for the direct return costs. If the value of the returned goods exceeds EUR 40 (EUR 40.01 excluding postage), the seller will pay the return costs.
3.8 Refund of the purchase price. If you cancel the sales contract during the cancellation period, we are obliged to refund the purchase price to you (without 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 payment unless otherwise agreed, no later than 14 days after we have received the returned goods or have been reliably provided with proof that they have been sent. No fee will be charged for this refund. If we do not receive the goods back, we are entitled not to refund the purchase price.
3.9 Shipping address for returned goods. The return label is usually available in your user account at pelek.fi. If we have not provided a return label, use this address to return the goods: Kirilovova 181, 739 21 Paskov, . You can also contact us by email at info@pelek.fi or by telephone at 601548120 so that we can guarantee your right to return the goods and agree on an individual procedure.
3.10 Gift. If a gift is provided to the customer together with the goods, the gift agreement between us and the customer is concluded subject to the condition that if the customer withdraws from the sales contract or we cancel it, the gift agreement concerning that gift ceases to be valid and the customer is obliged to return the gift together with the goods.
4. Process of concluding the sales contract
4.1 Placing an order. The customer may select one or more products by adding them to a virtual shopping cart, where the customer can view the selected products, change their quantities, or remove them from the cart. By pressing the "Checkout" button, the customer is asked to provide delivery information and select a payment method. Before finalizing the order, the customer is given the opportunity to review and change the information or customer details entered in the order. Clicking the " Order with an obligation to pay " button ends the ordering process and concludes the sales contract.
4.2 Acceptance of the T&Cs. By placing an order, you confirm that you have read these T&Cs and also accept our personal data processing policy.
4.3 Consent of the legal representative of a minor customer. If a minor customer makes a purchase in our online store, this requires the prior consent of their legal representative.
4.4 Product characteristics. The customer must familiarize themselves with the characteristics, quality, and recommended instructions for use of the products before finalizing the order. By placing the order, the customer confirms that they have familiarized themselves with and understand 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 processed within 2 business days at the latest after the customer places the order. The sales contract is already concluded when you press the " Order with an obligation to pay " button.
4.6 Contract language. The contract language is Czech.
4.7 Obligations arising from the sales contract. Upon concluding the sales contract, we undertake to deliver the purchased products and enable you to acquire ownership of the products. You undertake to accept the goods and pay us the price of the products.
4.8 Copy of the T&Cs and withdrawal form. The customer receives a copy of the concluded sales contract, i.e. the applicable T&Cs. A consumer customer also receives a withdrawal form within the period required by law.
5. Price of products and payment methods
5.1 Price. All product prices are stated in Czech koruna (Kč) and include value added tax.
5.2 Payment options. The available payment methods for the price of the products and any delivery costs can also be found on the seller's description page. We reserve the right not to offer a particular payment method to customers. The customer may:
5.2.1 PayPal (The customer is redirected to PayPal, where they pay the purchase price from their PayPal account and in accordance with PayPal’s terms of use, which can be found https://www.paypal.com)
5.2.2 Card payment
5.2.3 Bank transfer or instant bank transfer
5.2.4 Apple Pay, Google Pay
5.3 Unrealistic product price. If an unrealistic price is displayed, namely EUR 0 or far below the market price, where an unrealistic price is one that is below our purchase price, we reserve the right to remove the product from your request for quotation. You will be notified of this by email.
5.4 Invoice format.
5.5 Full payment of the purchase price. We reserve title to the products until the purchase price has been paid in full in accordance with the relevant sales contract.
6. Delivery of products and place of delivery
6.1 Delivery of products. The products are delivered within the delivery period stated for the respective product. We always undertake to deliver the products within 30 days at the latest. We will always notify you of changes to delivery times.
In addition to the delivery price, you must also pay any packaging and delivery costs in the agreed amount, as well as an additional fee for the payment method you choose. Unless otherwise stated, the purchase price also includes delivery costs. Before the sales contract is concluded, you will be informed of the final price, including packaging and transport costs.
6.2 Delivery address. The products are delivered to the address provided by the customer in the order.
6.3 Delivery method. The customer may choose the method of transporting the goods to any address stated in the order.
6.4 Redelivery and related costs. If the delivery of the goods needs to be repeated for reasons attributable to you, or in a manner other than that stated in the order, you are obliged to pay the redelivery costs or the costs associated with another delivery method.
6.5 Receipt of goods. At the time of receipt, the risk of damage to and accidental deterioration of the purchased goods passes to the customer. If the customer is to receive the goods from the carrier, the risk passes
the risk of accidental destruction and accidental deterioration of the purchased goods passes to the customer when the customer is given the opportunity to control the goods, but not before the stated delivery time.
6.6 Customer’s obligation when receiving goods. When receiving the goods, you must inspect them and verify their characteristics (in particular, that you have received the correct product, that the product is of the agreed quality, and that the package contains everything it should contain according to the instructions). If the shipment is visibly damaged by the carrier, the customer is obliged not to accept such a shipment at all. We are not liable for damage caused by the carrier or delayed deliveries, regardless of the reason for the delay.
6.7 Damage that may be caused to the seller by failure to accept the goods. If the customer does not accept the goods from the carrier upon delivery, the goods are returned to the seller, and if the customer does not cancel the sales contract within 14 days of the failed delivery of the goods, the seller is entitled to demand from the customer the costs charged by the carrier for returning the goods to the seller. This cost constitutes damage incurred by the seller as a result of the customer's breach of statutory obligations.
7. Rights arising from defective performance
7.1 Defective performance. This section of the T&Cs governs the rights and obligations relating to defective performance in the sale of goods between the seller and the customer.
7.2 When to report defective products. You must notify us of defects in products (submit a complaint) without undue delay after the defect has become apparent. Otherwise, a court will not grant you the right to a remedy for the defective performance. You have the right to report a defect that becomes apparent in consumer goods within 24 months of receiving the goods. This does not apply to goods whose packaging, labels, instructions attached to the goods, or advertising state a period of validity during which the goods may be used. In this case, the provisions on quality assurance (contractual warranty) apply.
7.3 What happens after 24 months? After 24 months, it is no longer possible to report defects. If applicable to the product in question, this period is extended by the time during which you were unable to use the product because it was undergoing a legitimate complaints process. Although we always strive to handle complaints so that you are satisfied, some products must be handled according to the instructions provided on the packaging/label/package - otherwise they may be damaged.
7.4 Contractual warranty. If a voluntary contractual warranty has been provided for the product in question and it is longer than 24 months from receipt of the goods, you may report defects in the product within this period. The period is extended by the time during which you were unable to use the product because it was undergoing a legitimate complaints process.
7.5 Presumption that the product is defective. If a defect becomes apparent within 12 months of receiving the goods, it is presumed that the product was already defective upon receipt, unless we prove otherwise.
7.6 What defects are we not liable for? We are not liable to you for defects in the following cases: 7.6.1 if the product was defective upon receipt and a discount on the purchase price was agreed for such defect,
7.6.2 the defect arose from wear and tear caused by normal use, or is due to the nature of the product,
7.6.3 was caused by you and resulted from improper storage, improper maintenance, your actions, or mechanical damage, all under conditions that do not correspond to the temperature, dust, humidity, or other environmental conditions directly specified by us or the manufacturer (usually in the package insert / on the product labels), or it is due to legislation,
7.6.4 the product was modified by the customer and the defect arose as a result of this modification,
7.6.5 the product was used in conditions that do not correspond to the temperature, dust, humidity, chemical, and mechanical environmental conditions directly specified by the seller or manufacturer, or it is due to legislation,
7.6.6 the defect arose as a result of an external event beyond our control (e.g. a natural disaster).
7.7 What should I do to report defective products? To exercise your rights regarding defective products, contact us through your user account at pelek.fi. We will then contact you and agree on the following steps. You can also contact us directly by email.
7.8 Confirmation of receipt of a complaint. When you have submitted a notice exercising your complaint rights, we will contact you within 2 working days. The complaint is considered to have been exercised when we receive the information from you regarding exercising your complaint rights concerning the product.
7.9 Returning complained-about products to the seller. The goods must be returned complete and undamaged (except for the reported defect), preferably in their original, undamaged packaging, so that we can comply with proper hygiene practices. To remedy the defect, we will collect the goods at our own expense. We will contact you to agree on the following steps.
7.10 Confirmation. When we have received the complained-about goods, we will send you confirmation of receipt of the complaint and its content to the email address you have selected.
8. Handling and resolution of complaints
8.1 What rights do I have? You have the right to demand that the defect that has occurred be remedied. You may choose one of the following options:
8.1.1 repairing the product; 8.1.2 supplying a new product; or
8.1.3 supplying the missing part.
From your side, this should not be an unreasonable request. If repairing the product would cause us significant inconvenience or if it is not an unreasonable request considering the product's value and the significance of the defect, we will inform you. We will act similarly if we consider your request for delivery of a replacement product unreasonable in view of the defect or the product's value.
8.2 If the defect constitutes a material breach of the sales contract. If the defect constitutes a material breach of the sales contract, you have the right to cancel the sales contract or demand a reasonable reduction in the price of the products .
8.3 When can I demand a refund of the purchase price? In some situations, you may cancel the sales contract and demand a refund of the purchase price. This is not possible if the defect in the product is not significant. When can you cancel the sales contract and demand a refund of the purchase price:
8.3.1 we refuse to remedy the defect in the product or have not remedied it within a reasonable time;
8.3.2 it is apparent from our notification or other circumstances that the defect will not be remedied within a reasonable time or without causing significant inconvenience to the customer;
8.3.3 the defect in the product occurs repeatedly; or
8.3.4 it constitutes a material breach of the sales contract.
8.4 When can I demand a reasonable reduction in the price of the products? In some situations, you may still demand a reasonable reduction in the price of the products. This is not possible if the defect in the product is not significant. When can you demand a reasonable reduction in the price of the products?
8.4.1 we refuse to remedy the defect in the product or have not remedied it within a reasonable time;
8.4.2 it is apparent from our notification or other circumstances that the defect will not be remedied within a reasonable time or without causing significant inconvenience to the customer;
8.4.3 the defect in the product occurs repeatedly; or
8.4.4 it constitutes a material breach of the sales contract.
8.5 You must inform us how you want the complaint to be handled. You must inform us which remedy for the defective performance you have chosen, and this must be done when reporting the defect or without undue delay after reporting it. Once you have made your choice, you cannot change it without our consent; this does not apply if you request that the defect be remedied and this proves impossible.
8.6 Return of the original products. When processing a complaint involving the delivery of a replacement product, you are required to return the products originally delivered (unless otherwise agreed). You cannot require the customer to accept delivery of a replacement product (nor can they cancel the sales contract) unless they can return the product in the condition in which they received it. This does not apply if you used the product before the defect became apparent or if the condition of the product changed while the defect was being investigated. In addition, this applies if the product cannot be returned in its original condition for reasons beyond your control.
8.7 When does the complaint process end? The complaint process ends within 3 weeks of exercising the rights arising from the defect, unless otherwise agreed.
8.8 Closing the complaint process. If the claimed products have been sent to us through a transport company, they will automatically be returned to your address after the complaint has been processed, together with confirmation of the date and manner of processing, including confirmation of the repair and the duration of the complaint process, or any justification for rejecting the complaint.
8.9 Obligation to accept the claimed product. You must also check the completeness of the claimed products upon receipt, particularly that the shipment contains everything it should contain. Subsequent claims will not be taken into account.
9. Personal data protection
9.1 Personal data processing practices. For more information about what personal data we process, how, for what purposes, and for how long, please see our personal data processing practices.
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, where it cannot reasonably be assumed that we could have prevented the obstacle or its consequences. The effects limiting liability are limited only to the period during which the obstacle remains in effect and to which these effects relate.
11. Alternative dispute resolution
11.1 Legal dispute resolution. The Czech Trade Inspection Authority, address Štěpánská 567/15, 120 00 Prague 2, company ID: 000 20 869, website: https://adr.coi.cz/cs, is responsible for the alternative resolution of consumer disputes arising from a sales contract. 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 sales contract.
11.2 European Consumer Centre Czech Republic. European Consumer Centre Czech Republic, address Štěpánská 567/15, 120 00 Prague 2, website: https://evropskyspotrebitel.cz is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (the Regulation on online consumer dispute resolution).
11.3 Complaints. Before initiating alternative dispute resolution, we recommend contacting us at info@pelek.fi. We always first seek to resolve any dispute that has arisen amicably. Your complaint
will be handled within 2 business days at the latest (48 hours; this period may be extended due to weekends and public holidays customary in the Czech Republic).
12. Final section, including applicable law and jurisdiction
12.1 Commitment to respect consumers' rights. If the provisions of these GTC conflict with consumer protection laws, the law shall prevail and we undertake to comply with it.
12.2 Invalid or ineffective provision of the GTC. If any provision of the GTC is invalid or ineffective, or becomes so, it shall be replaced by a provision whose meaning most closely approximates the meaning of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.
12.3 Governing law. If an international element exists, we agree that our legal relationship shall be governed by the laws of the Czech Republic, excluding all provisions referring to other laws. However, this choice of law may not deprive consumers of the protection afforded to them by the laws of their usual country of residence. The contracting parties agree to expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. Under Article 6(2) of the Rome I Regulation, mandatory provisions that would apply in the absence of this clause shall always apply.
12.4 Disputes and jurisdiction. The contracting parties further agree that, for the resolution of any disputes arising from a sales contract containing an international element, the courts at our place of business shall always have local jurisdiction. This does not affect consumers' rights under special laws.
12.5 If we agree on different terms for the sales contract. The provisions of the GTC form an integral part of the sales contract. Deviating provisions from the GTC may be agreed in the sales contract. The provisions agreed in the sales contract take precedence over the provisions of the GTC.
12.6 Reading the GTC is necessary to conclude the sales contract. Reading the GTC is voluntary, but unfortunately the sales contract cannot be concluded without reading them.
12.7 Validity of the GTC. These GTC are valid as of 01.01.2024 and repeal the previous commercial terms.
