General sales terms and conditions

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

Contact details
Basic terms
Information provided to 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
Handling and resolution of complaints
Personal data protection
Force majeure
Alternative dispute resolution
Final provisions, applicable law and competent court

1. Contact details

1.1 Operator of the online store:
PELEK Distribution s.r.o.
Registered office: Vlkova 532/8, 13000 Prague, Czech Republic
Company 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: +420774242766
Email: info@pelek.nl
Customer service: We provide support at the telephone number and email address listed above on business days from 9:00 a.m. to 5:00 p.m.

2. Basic terms

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 business customers (hereinafter "customer" or "you") via PELEK Distribution s.r.o. on pelek.nl.
2.2 Online store. The seller's online store (hereinafter "online store") is operated via the website pelek.nl of PELEK Distribution s.r.o.
2.3 What can you buy from us? In our online store, 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 trade or profession, enters into a sales contract with us or otherwise acts in a legal capacity (hereinafter "consumer"). The online store 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 specified. Digital content means data created and supplied in digital form.
2.6 Goods with digital elements. These Terms and Conditions apply accordingly to contracts concerning media that serve as a medium for digital content, unless otherwise specified. Digital content means data created and supplied in digital form.
2.7 Return 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 contract

3.1 Seller's powers and supervisory authorities.
We are authorized to sell goods on the basis of a trade license.
Trade inspections are carried out within its remit by the competent trade office.
Supervision of personal data 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 regular rate for a telephone call).

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

3.5 Withdrawal form for the purchase contract.
To exercise your right of withdrawal, you must inform us unambiguously via our email address, telephone number or postal address, or by any other means.
You may use the attached model form for this purpose, but this is not mandatory.

3.6 When you have no right to withdraw from the purchase contract.
The buyer has no right to withdraw from the following contracts:
3.6.1 the supply of goods that are customized and/or manufactured at the request of or for the buyer;
3.6.2 the supply of goods whose price depends on fluctuations in financial markets beyond our control, which may occur during 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 the consumer opened and which are unsuitable for return for hygiene or health reasons 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, where 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 expiry of the withdrawal period and the consumer was informed in advance that they would lose their right of withdrawal as a result;
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 is more than 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 received reliable proof of shipment.
No fees will be 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.nl.
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.nl or by telephone at 601 548 120 to ensure your right to return and agree on 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 becomes void 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 regarding delivery and payment.
Before the order is completed, the buyer has the opportunity to check and, if necessary, amend the entered information, including their contact details.
By then clicking the “Order with payment obligation” button, the order is completed and the purchase agreement is concluded.

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

4.3 Consent of the legal representative when the buyer is a minor.
When a minor makes a purchase in our online shop, 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 is 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 when the “Order with payment obligation” button is clicked.

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

4.7 Obligations arising from 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 General Terms and Conditions and the withdrawal form.
The buyer receives a copy of the concluded purchase agreement, namely the current version of these General 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 stated in euro (EUR) and include VAT.

5.2 Payment options.
The payment methods and any costs associated with the delivery of goods are listed 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 through 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 CZK 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 proposal to conclude the purchase agreement.
You will be informed 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 ownership of 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.
In addition to the purchase price, you are obliged to pay any packaging and delivery costs, as well as any surcharges for the selected payment method.
Unless otherwise stated, the purchase price also includes the delivery cost.
Before concluding the purchase agreement, you will be informed of the total price, including packaging and transport costs.

6.2 Delivery address.
The goods will be 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 must be delivered again or in a manner different from that specified in the order for reasons attributable to you, you are obliged to reimburse the related 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 take control 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 received the correct type, whether the quality corresponds, and whether all components are present according to the manual).
In the event of visible damage to the shipment caused by the carrier, the buyer must not accept the delivery.
We are not liable for damage caused by the carrier or for delivery delays, regardless of the reason.

6.7 Loss suffered by the seller due to 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 after the failed delivery, we are entitled to claim the costs charged by the carrier for returning the goods.
These costs constitute the loss suffered by the seller as a result of the buyer's failure to fulfil their obligations.

7. Rights in the event of non-conforming performance

7.1 Non-conforming performance.
This section of the general terms and conditions governs the rights and obligations concerning the exercise of rights arising from non-conforming 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 non-conforming performance.
You have the right to report a defect that occurs in consumer goods within 24 months of receiving the goods.
This does not apply to goods for which a period of use is stated on the packaging, label, accompanying instructions for use, or in advertising in accordance with other statutory provisions.
In that case, the provisions on the quality warranty (contractual warranty) apply.

7.3 What happens after 24 months have elapsed?
As a rule, defects can no longer be claimed after 24 months.
Where possible for certain goods, this period is extended by the time 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 concerned that lasts longer than 24 months after receipt, you may claim the remedy 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 if the defect existed upon delivery and a price reduction was agreed;
7.6.2 if the defect is due to wear and tear caused by normal use or results from the nature of the product;
7.6.3 if it was caused by your actions, namely improper storage, improper maintenance, mechanical damage, or by conditions (temperature, dust, humidity, etc.) that do not correspond to the recommended conditions of use specified by us or the manufacturer;
7.6.4 if the product was modified by the customer and the defect resulted from that modification;
7.6.5 if the goods were used under physical or chemical conditions that do not comply with the seller's or manufacturer's instructions;
7.6.6 if 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 in respect of defective goods, you can contact us through your user account on pelek.nl; we will then contact you to agree on the next steps.
You can also contact us directly via our email 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 deemed to have been submitted when we have received all the necessary information about it from you.

7.9 Return of the claimed product to the seller.
The goods must be returned in full and undamaged (except for the reported defect), preferably in the original, undamaged packaging, to ensure compliance with good hygiene practices.
We will accept 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 email confirming receipt of the complaint and summarizing its contents.

8. Handling and resolution of complaints

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:
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 repairing the product would cause us excessive difficulty or would be unreasonable in view of the product’s value 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 purchase agreement, you have the right to withdraw from the agreement or demand a proportionate reduction in 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 do so within a reasonable period;
8.3.2 our statement or the circumstances show that the defect cannot be remedied within a reasonable time or without considerable 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 do so within a reasonable period;
8.4.2 it is established that the defect cannot be remedied within a reasonable time or without considerable 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 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 turns out to be impossible.

8.6 Return of the original product.
When handling the complaint by delivering new goods, you must return the product originally delivered 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 of submitting the complaint, 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 complaint has been processed, together with confirmation of the date and method of processing, including a statement confirming the repair or reasons for rejection.

8.9 Inspection upon receipt of the claimed product.
Upon receiving the processed 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. Protection of personal data

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 this 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 , is competent to conduct out-of-court resolution of consumer disputes arising from the purchase 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 purchase 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 , acts 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.nl.
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 observed 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 that most closely corresponds in meaning to the invalid provision.
The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

12.3 Applicable law.
If there is an international element, 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 by mandatory provisions of the law of the country in which they have 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, 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 resolved 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.
Deviating provisions may only be agreed in the purchase agreement itself.
In the event of a conflict, the provisions deviating from these GTC in the purchase agreement take precedence 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 having read them.

12.7 Validity of the GTC.
These general terms and conditions are effective from 01.01.2024 and replace the previous versions.