General terms and conditions of sale

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 for customers before concluding the purchase agreement
Procedure for concluding the purchase agreement
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
Personal data protection
Force majeure
Alternative dispute resolution
Final provisions, applicable law and competent court

1. Contact details

1.1 Online store operator:
PELEK Distribution s.r.o.
Registered office: Vlkova 532/8, 13000 Prague, Czech Republic
ID number: 26719941
VAT number: CZ26719941
Authorised representative: Sergii Kryvulia
Registration court / Commercial Register: Municipal Court in Prague, Registration number: 231166
Registered address: Peteřska nám 2, 11000 Prague
(hereinafter "seller" or "we")
Telephone: +420 705 724 353
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 terms and conditions of sale (hereinafter "Terms and Conditions") govern the mutual rights and obligations of the parties arising from or related to the purchase agreement (hereinafter "purchase agreement") concluded between us and consumers or businesses (hereinafter "customer" or "you") through PELEK Distribution s.r.o. on pelek.nl.
2.2 Online store. The seller's online store (hereinafter "webshop") is operated through the website pelek.nl 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 trade or profession, enters into a purchase agreement 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 agreements concerning the supply of goods with digital content, unless otherwise provided. 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 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 sales contract

3.1 Seller's powers and supervisory authorities.
We are authorised to sell goods on the basis of a trade licence.
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 with Act No. 634/1992 Coll. on consumer protection to a certain extent.

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 telephone call rate).

3.4 Consumers have the right to withdraw from the sales contract without giving any reason, no later than within a period of 14 days, beginning 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 one 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 withdrawal period expires stating that you are exercising your right of withdrawal.

3.5 Withdrawal form for the sales contract.
To exercise your right of withdrawal, you must inform us unambiguously via our email address, telephone number or postal address, or in another way.
You may use the sample form attached for this purpose, but this is not mandatory.

3.6 When you do not have the right to withdraw from the sales contract.
The buyer has no right to withdraw from the following contracts:
3.6.1 supply of goods that are customised and/or manufactured at the request of or for the buyer;
3.6.2 supply 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 been irreversibly mixed with other goods;
3.6.4 delivery of goods in sealed packaging that was opened by the consumer and is unsuitable for return for hygiene or health protection 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 relating to 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 before the end of the withdrawal period with the consumer’s prior express consent and the consumer was informed in advance that they would lose their 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 supply of goods other than the necessary spare parts;
3.6.9 delivery of digital content that is not supplied on a physical medium and for which delivery has begun with your express consent before the end of the withdrawal period, provided that we informed you in advance that you would then lose your right of withdrawal.

3.7 Value and costs of returning goods.
You are responsible for the direct costs of returning the goods.
If the value of the returned goods is more than 40 EUR (40.01 EUR excluding shipping costs), the seller will bear the return costs.

3.8 Refund of the purchase price.
In the event of withdrawal 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 least expensive standard delivery offered by us), using the same payment method as used 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 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 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 sales contract is withdrawn from by you or us, the gift agreement becomes void and the gift must be returned together with the goods.

4. Procedure for concluding the sales contract

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, amend the entered details, including their contact details.
By then clicking the “Order with payment obligation” button, the order is completed and the sales contract is concluded.

4.2 Confirmation of the GTC.
By placing an order, you confirm that you have read and agree to these GTC 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 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 familiarise 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 intended to notify you that the order has been received and will be processed no later than within 2 working days of receipt.
The sales contract is deemed to have been concluded as soon as 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 sales contract.
By entering into the sales contract, 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 Terms and Conditions.
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 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 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 CZK 0 or a price not in line with the market (lower than our purchase price), we reserve the right to remove the item from your proposal 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.
In addition to 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 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 other than 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 possession 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 Damage to 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 damage suffered by the seller as a result of the buyer's failure to fulfil their obligations.

7. Rights in the event of defective performance

7.1 Defective performance.
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 reject your right to compensation for defective 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 concerning 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 to find 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 remedy of defects during that period.
The period is extended by the 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 What 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 from 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 comply with 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.
We will send you a confirmation within 2 working days of receiving your complaint.
The complaint is deemed to have been submitted when we have received all the necessary information about the complaint from you.

7.9 Returning 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 accept the goods for repair at our expense.
We will contact you to agree on the further procedure.

7.10 Confirmation.
After receiving the claimed goods, we will send you an email confirming receipt of the complaint and providing 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 to opt for:
8.1.1 repair of the product;
8.1.2 delivery of a new product; or
8.1.3 delivery of the missing component.
Your choice must not be unreasonable.
If repair would cause us excessive difficulty or be unreasonable in view of the value of the product and the severity 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.
If the defect constitutes a material breach of the purchase agreement, you have the right to withdraw from the agreement or demand a proportional 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 remedy it within a reasonable period;
8.3.2 it follows from our statement or the circumstances 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 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 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 establishing the defect, 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 complaints 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 the carrier for examination, they will be automatically returned to your address after processing, together with confirmation of the date and method of processing, including a statement confirming the repair or the reasons for rejection.

8.9 Inspection upon receipt of the claimed product.
Upon receiving the repaired product, you are obliged to check the completeness of the delivery, in particular that all required parts 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 terms and conditions, force majeure means any circumstance arising beyond our control that prevents us from fulfilling our obligations, when it could not reasonably be expected that we could have prevented, remedied or foreseen this circumstance or its consequences.
The effects that exclude 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, headquartered at Štěpánská 567/15, 120 00 Prague 2, ID number 000 20 869, website: https://adr.coi.cz/cs , is competent to handle the 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 , 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.nl.
We will initially try 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 comply with 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 approximates the meaning of the invalid provision.
The invalidity or ineffectiveness of any 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, 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 conditions.
These GTC constitute an indivisible part of the purchase agreement.
Deviating provisions may be agreed only in the purchase agreement itself.
In the event of a conflict, the deviating provisions in the purchase agreement shall 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 as of 01.01.2024 and replace the previous versions.