General sales terms and conditions

PELEK Distribution s.r.o. for the sale of goods through the online shop located at pelek.be, under the name PELEK Distribution s.r.o.

Contact details
Basic concepts
Information for customers before concluding the sales contract
Procedure for concluding the sales contract
Price of goods and payment methods
Delivery of goods and place of performance
Rights in the event of defective performance
Method of handling and resolving complaints
Protection of personal data
Force majeure
Alternative dispute resolution
Final provisions, applicable law and competent court

1. Contact details

1.1 Operator of the online shop:
PELEK Distribution s.r.o.
Registered office: Vlkova 532/8, 13000 Prague, Czechia
ID number: 26719941
VAT number: CZ26719941
Authorised representative: Sergii Kryvulia
Registration court / Commercial Register: Municipal Court in Prague, Registration number: 231166
Registered office address: Peteřska nám 2, 11000 Prague
(hereinafter "seller" or "we")
Telephone: +420 705 724 353
Email: info@pelek.be
Customer service: We provide support at the telephone number and email address indicated above on business days from 9:00 a.m. to 5:00 p.m.

2. Basic concepts

2.1 These general sales terms and conditions (hereinafter "Terms and Conditions") govern the mutual rights and obligations of the parties arising from or related to the sales contract (hereinafter "sales contract") concluded between us and consumers or businesses (hereinafter "customer" or "you") through PELEK Distribution s.r.o. on pelek.be.
2.2 Online shop. The seller's online shop (hereinafter "webshop") is operated through the website pelek.be of PELEK Distribution s.r.o.
2.3 What can you buy from us? In our webshop, PELEK Distribution s.r.o. you can buy the goods that we display and offer. Where applicable, this also includes the licence to use them.
2.4 Who is considered a consumer? A consumer is any natural person who, outside their business or professional activity, enters into a sales contract with us or otherwise acts legally (hereinafter "consumer"). The webshop is intended exclusively for consumers. Sales to businesses are not possible.
2.5 Goods with digital content. These Terms and Conditions apply accordingly to contracts concerning the supply of goods with digital content, unless otherwise provided. Digital content means data that is created and supplied in digital form.
2.6 Goods with digital elements. These Terms and Conditions apply accordingly to agreements concerning media serving as a medium for digital content, unless otherwise provided. Digital content means data created and supplied in digital form.
2.7 Take-back of electrical appliances. In accordance with §38 of Act No. 185/2001 Coll. on waste, as amended, we inform customers that old electrical appliances may be returned free of charge for disposal at the following address: Kirilovova 181, 739 21 Paskov.

3. Notice to customers before concluding the purchase agreement

3.1 Seller’s authorisations and supervisory authorities.
We are authorised to sell goods on the basis of a trade licence.
Trade inspection is carried out within its remit by the competent trade office.
Personal data supervision is carried out by the Office for Personal Data Protection.
The Czech Trade Inspection Authority supervises compliance, within a certain scope, with Act No. 634/1992 Coll. on consumer protection.

3.2 Illustrative purposes.
The photographs you see on our website are for illustrative purposes only.

3.3 Additional costs.
We do not charge any additional costs for using means of telecommunication (e.g. when you call us, you pay only your usual telephone call rate).

3.4 Consumers have the right to withdraw from the purchase agreement without giving any reason, no later than within a period of 14 days, starting from the day on which the goods are received (or the last product, partial delivery or item in the case of an agreement for multiple goods in a single order, or delivery in several partial deliveries or parts).
The seller may allow a longer period.
To meet the deadline, it is sufficient to send a communication before the withdrawal period expires stating that you are exercising your right of withdrawal.

3.5 Withdrawal form for the purchase agreement.
To exercise your right of withdrawal, you must inform us unambiguously via our e-mail address, telephone number or postal address, or in another way.
You may use the attached model form for this purpose, but this is not mandatory.

3.6 When you do not have the right to withdraw from the purchase agreement.
The buyer has no right to withdraw from the following agreements:
3.6.1 delivery of goods that have been customised and/or manufactured at the buyer’s request or for the buyer;
3.6.2 delivery of goods whose price depends on fluctuations in financial markets beyond our control, which may occur within the withdrawal period.
3.6.3 delivery of goods that are liable to deteriorate rapidly, or goods that after delivery have become irreversibly mixed with other goods;
3.6.4 delivery of goods in sealed packaging that were opened by the consumer and are unsuitable for return for reasons of hygiene or health after the packaging has been broken. This also applies to audio or video recordings and computer programs whose original packaging has been damaged;
3.6.5 contracts concerning accommodation, transport, vehicle rental, catering or leisure activities, if performance is to take place on a specific date or during a specific period;
3.6.6 delivery of newspapers, periodicals or magazines, except under subscription agreements;
3.6.7 delivery of services once they have been fully performed — for paid services, only if performance began with the consumer’s prior express consent before the withdrawal period expired and the consumer was informed in advance that this would result in the loss of the right of withdrawal;
3.6.8 urgent repairs or maintenance carried out at the consumer’s location at the consumer’s express request; this does not apply to repairs other than those requested or to the delivery of goods other than the necessary spare parts;
3.6.9 delivery of digital content that is not supplied on a physical medium and whose delivery has begun with your express consent before the end of the withdrawal period, provided that we informed you in advance that you cannot withdraw in that case.

3.7 Value and costs when returning goods.
You are responsible for 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 will bear the return costs.

3.8 Refund of the purchase price.
If you withdraw within the applicable period, we are obliged to refund the purchase price (excluding any additional costs if you chose a delivery method other than the cheapest standard delivery we offer), using the same payment method as for the purchase, unless otherwise agreed, no later than 14 days after we have received the returned goods or reliable proof of dispatch.
No fees are charged for this refund.
If we do not receive the goods back, we are not obliged to refund the purchase price.

3.9 Return address.
The return label is usually available in the user account on pelek.be.
If no return label was provided, you must return the goods to the following address: Kirilovova 181, 739 21 Paskov.
If necessary, contact us at info@pelek.be or by telephone at 601 548 120 to ensure your right to return and arrange an individual procedure.

3.10 Gift.
When a gift was provided together with the goods, the gift agreement between us and the buyer is deemed to have been concluded on the condition that, if the purchase agreement is withdrawn from by you or by us, the gift agreement is terminated and the gift must be returned together with the goods.

4. Procedure for concluding the purchase agreement

4.1 Placing an order.
The buyer can select one or more goods by placing them in the virtual shopping cart, where they can view the selected goods, change the quantity, or remove them from the cart.
By clicking the “Checkout” button, the buyer is asked to enter information relating to delivery and payment.
Before the order is completed, the buyer has the opportunity to check and, if necessary, modify the entered information, including their contact details.
The order is completed and the purchase agreement is concluded by subsequently clicking the “Order with payment obligation” button.

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

4.3 Consent of the legal representative for a minor buyer.
When a minor makes a purchase in our online store, the prior consent of their legal representative is required.

4.4 Characteristics of the goods.
Before completing the order, the buyer is required to familiarize themselves with the characteristics, type, and instructions for use of the goods.
By placing the order, the buyer confirms that they have read and understood this information.

4.5 Order confirmation.
The seller confirms receipt of the order by sending an order confirmation to the buyer's email address.
This confirmation serves solely to notify you that the order has been received and will be processed no later than within 2 working days of receipt.
The purchase agreement is deemed to have been concluded at the moment the “Order with payment obligation” button is pressed.

4.6 Contract language.
The language of the contract is Dutch.

4.7 Obligations arising from the purchase agreement.
By concluding the purchase agreement, we undertake to hand over the purchased goods to you and transfer ownership.
You undertake to accept the goods and pay the agreed price.

4.8 Copy of the GTC and the withdrawal form.
The buyer will receive a copy of the concluded purchase agreement, namely the current version of these GTC.
The consumer-buyer will also receive a withdrawal form within the statutory period.

5. Price of goods and payment methods

5.1 Price.
All prices of goods are stated in euros (EUR) and include VAT.

5.2 Payment options.
The payment methods and any costs associated with the delivery of goods are stated on the seller information page.
We reserve the right not to offer certain payment methods in specific cases.
The buyer can choose from:
5.2.1 PayPal – the buyer is redirected to PayPal, where they pay the purchase price using their PayPal account in accordance with the applicable 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 payment;
5.2.4 Apple Pay or Google Pay.

5.3 Unrealistic price of goods.
If an unrealistic price is displayed, for example EUR 0 or a price not in line with the market (lower than our purchase price), we reserve the right to remove this item from your offer to conclude the purchase agreement.
You will be notified of this by email.

5.4 Form of the invoice.
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 the purchase price has been paid in full in accordance with the purchase agreement.

6. Delivery of goods and place of performance

6.1 Delivery of goods.
The goods will be delivered within the period specified for the particular product type.
We undertake to deliver the goods within 30 days at the latest.
You will always be informed of any changes to the delivery time.
Together with the purchase price, you are obliged to pay any packaging and delivery costs, as well as any surcharges for the chosen payment method.
Unless otherwise stated, the purchase price also includes the delivery cost.
Before the purchase agreement is concluded, you will be informed of the total price, including packaging and transport costs.

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

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

6.4 Redelivery and associated costs.
If the goods have to be delivered again or in a manner other than that specified in the order for reasons attributable to you, you are obliged to reimburse the associated costs.

6.5 Receipt of goods.
From the moment the buyer accepts the goods, the risk of damage to or deterioration in the quality of the purchased goods passes to the buyer.
When the buyer receives the goods from a carrier, the risk passes as soon as the buyer is able to dispose of the goods, but not before the scheduled delivery time.

6.6 Buyer's obligation upon receipt.
Upon delivery, you must check the goods for accuracy (including whether you have received the correct type, whether the quality corresponds, and whether all parts are present according to the manual).
In the event of visible damage to the shipment caused by the carrier, the buyer may not accept the delivery.
We are not liable for damage caused by the carrier or for delivery delays, regardless of the reason.

6.7 Seller's loss in the event of non-acceptance.
If the consumer does not accept the goods upon delivery and the shipment is returned to us, and the consumer does not withdraw from the purchase agreement within 14 days of the failed delivery, we are entitled to claim the costs charged by the carrier for returning the goods.
These costs constitute the seller's loss resulting from the buyer's failure to fulfil their obligations.

7. Rights in the event of failure to perform

7.1 Failure to perform.
This section of the general terms and conditions governs the rights and obligations concerning the exercise of rights arising from defective performance in the sale of goods between us as the seller and you as the buyer.

7.2 When to report a defect.
You must report defects in the goods without undue delay as soon as you discover the defect.
If you fail to do so, the court may refuse your right to compensation for damage caused by defective performance.
You have the right to report a defect that occurs in consumer goods within 24 months of receipt of the goods.
This does not apply to goods for which a period of use is stated on the packaging, label, enclosed instructions for use, or in advertising in accordance with other statutory provisions.
In that case, the provisions concerning the quality warranty (contractual warranty) apply.

7.3 What happens after the expiry of 24 months?
As a rule, defects can no longer be claimed after 24 months.
If this is possible for certain goods, this period is extended by the period during which you were unable to use the goods because they were the subject of a justified complaint.
Although we always strive for a satisfactory solution, some goods must be handled carefully in accordance with the instructions on the packaging/label/manual; otherwise, they may be damaged.

7.4 Contractual warranty.
If a voluntary warranty was provided for the goods in question that lasts longer than 24 months after receipt, you may claim the repair of defects during that period.
The period is extended by the length of time during which you were unable to use the goods due to an ongoing complaint procedure.

7.5 Presumption of non-conformity.
If the defect becomes apparent within 12 months of delivery, it is presumed that the product was already defective at the time of delivery, unless we prove otherwise.

7.6 Which defects are we not liable for?
We are not liable for defects:
7.6.1 when the defect existed upon delivery and a price reduction was agreed;
7.6.2 when the defect is due to wear and tear caused by normal use or results from the nature of the product;
7.6.3 when it was caused by your actions, namely improper storage, inadequate maintenance, mechanical damage, or by circumstances (temperature, dust, humidity, etc.) that do not correspond to the recommended conditions of use specified by us or the manufacturer;
7.6.4 when the product was modified by the customer and the defect results from that modification;
7.6.5 when the goods were used under physical or chemical conditions that do not correspond to the seller's or manufacturer's instructions;
7.6.6 when the defect was caused by an external event beyond our control (such as a natural disaster).

7.7 How to report a defect.
To exercise your rights regarding defective goods, you can contact us through your user account on pelek.be; we will then contact you to agree on the next steps.
You can also contact us directly via our e-mail address.

7.8 Confirmation of receipt of complaint.
Within 2 working days of receiving your complaint, we will send you a confirmation.
The complaint is considered submitted when we have received all the necessary information about the complaint from you.

7.9 Return of the claimed product to the seller.
The goods must be returned in full, undamaged (except for the reported defect), preferably in the original, undamaged packaging to ensure compliance with good hygiene practices.
We will receive the goods for repair at our expense.
We will contact you to agree on the next steps.

7.10 Confirmation.
After receiving the claimed goods, we will send you an e-mail confirmation of receipt of the complaint and an overview of its contents.

8. How complaints are handled and resolved

8.1 What options do I have?
You have the right to demand remedy of the identified defect.
You may choose one of the following options:
8.1.1 repair of the product;
8.1.2 delivery of a new product; or
8.1.3 delivery of the missing part.
Your choice must not be unreasonable.
If repair would cause us excessive difficulties or is unreasonable in view of the value of the product and the seriousness of the defect, we will inform you of this.
The same applies if we consider your request for delivery of a new product unreasonable in view of the nature or value of the product.

8.2 In the event of a material breach.
When the defect constitutes a material breach of the sales agreement, you have the right to withdraw from the agreement or claim a proportionate reduction of the purchase price.

8.3 When a refund of the purchase price is possible.
A refund of the purchase price is possible only in the following cases:
8.3.1 we refuse to remedy the defect or fail to remedy it within a reasonable period;
8.3.2 our statement or the circumstances make it clear that the defect cannot be remedied within a reasonable time or without significant difficulty;
8.3.3 the defect occurs repeatedly; or
8.3.4 the defect constitutes a material breach of the purchase agreement.
In the case of a minor defect, withdrawal and a refund are not possible.

8.4 When a reasonable price reduction is possible.
You may demand a reasonable reduction in the purchase price if:
8.4.1 we refuse to remedy the defect or fail to remedy it within a reasonable period;
8.4.2 it is established that the defect cannot be remedied within a reasonable time or without significant difficulty;
8.4.3 the defect occurs repeatedly; or
8.4.4 the defect constitutes a material breach of the agreement.

8.5 Notification of your choice.
You are required to inform us of which rights you wish to exercise when reporting the defect or without undue delay thereafter.
Your choice cannot be changed without our consent, except when you request a repair that proves impossible.

8.6 Return of the original product.
When resolving the complaint by delivering new goods, you must return the originally delivered product to us (unless otherwise agreed).
The buyer cannot demand delivery of new goods (or withdraw from the agreement) if they cannot return the product in the condition in which it was received.
This does not apply if you used the product before discovering the defect, or if its condition changed when the defect was identified, or if the product cannot be returned in its original condition through no fault of your own.

8.7 Time limit for handling complaints.
The complaint procedure will be completed within 3 weeks after the complaint is submitted, unless otherwise agreed.

8.8 Completion of the complaint.
If the goods were sent to us by a carrier for inspection, they will be automatically returned to your address after the claim has been processed, together with confirmation of the date and method of processing, including a statement confirming the repair or the reason for rejection.

8.9 Inspection upon receipt of the claimed product.
Upon receipt of the repaired product, you are required to check that the delivery is complete, in particular that all required components are present.
Subsequent complaints concerning this matter will no longer be considered.

9. Personal data protection

9.1 Principles of data processing.
More information about which personal data we process, how, for what purpose and for how long can be found in our privacy and data processing policy.
We process personal data exclusively in accordance with the applicable Regulation (EU) 2016/679 of the European Parliament and of the Council (the “GDPR”) and applicable national legislation.

10. Force majeure

10.1 What constitutes force majeure.
For the purposes of these general terms and conditions, force majeure means any circumstance arising beyond our control that prevents us from fulfilling our obligations, where it cannot reasonably be expected that we could have prevented, remedied or foreseen the circumstance or its consequences.
The effects excluding liability apply only for the period during which the obstructing circumstance exists.

11. Alternative dispute resolution

11.1 Dispute mediation.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID number 000 20 869, website: https://adr.coi.cz/cs , has jurisdiction over the out-of-court resolution of consumer disputes arising from the sales agreement.
The online dispute resolution platform, available at https://ec.europa.eu/consumers/odr , may be used to resolve disputes between the seller and the buyer arising from the sales agreement.

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

11.3 Complaints.
Before resorting to out-of-court dispute resolution, we recommend that you first contact us at info@pelek.be.
We will initially attempt to resolve every dispute amicably.
Your complaints will be handled within 2 working days (48 hours) at the latest — this period may be extended by weekends and public holidays applicable in the Czech Republic.

12. Final provisions, applicable law and competent court

12.1 Obligation to comply with consumer rights.
If a provision of these GTC conflicts with statutory consumer protection, the law shall prevail and we undertake to respect it.

12.2 Invalid or ineffective provision.
If a provision of these GTC is or becomes invalid or ineffective, it shall be replaced by a provision whose meaning is as close as possible to that of the invalid provision.
The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.

12.3 Applicable law.
If an international element is present, we agree that our legal relationship shall be governed by the law of the Czech Republic, excluding all provisions of private international law that refer to another law.
However, this choice of law may not deprive the consumer of the protection afforded to them under mandatory provisions of the law of the country of their habitual residence.
The contracting parties expressly exclude the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Pursuant to Article 6(2) of the Rome I Regulation, the mandatory provisions of the law that would have been applicable in the absence of this clause shall remain in force.

12.4 Disputes and competent court.
The contracting parties further agree that any disputes arising from the purchase agreement with an international element shall be settled by the courts having jurisdiction over the location of our registered office.
This does not affect consumers' rights arising from mandatory statutory provisions.

12.5 Deviating terms.
These GTC form an indivisible part of the purchase agreement.
Differing provisions may be agreed only in the purchase agreement itself.
In the event of any inconsistency, the differing provisions of the purchase agreement shall prevail over these GTC.

12.6 Reading the GTC as a condition.
Reading these GTC is voluntary, but unfortunately the purchase agreement cannot be concluded without becoming familiar with them.

12.7 Validity of the GTC.
These General Terms and Conditions are effective from 01.01.2024 and replace the previous versions.