General business terms
PELEK Distribution s.r.o. for the sale of goods through the online store located at pelek.pt under the name PELEK Distribution s.r.o.
Contents
- Contact details
- Basic terms
- Communications to customers before concluding the purchase contract
- Process for concluding the purchase contract
- Price of goods and payment methods
- Delivery of goods and place of performance
- Rights arising from defective performance
- Methods for resolving and closing complaints
- Personal data protection
- 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.
Registered office: Vlkova 532/8, 13000 Prague, Czechia
Company registration number: 26719941
Tax identification number: CZ26719941
Authorized representative: Sergii Kryvulia
Registration court / commercial register: Municipal Court in Prague Registration number: 231166
Company address: Peteřska nam 2, 11000 Prague,
(hereinafter referred to as the “seller” or “we”)
Telephone: +420774242766
Email: info@pelek.pt
Customer service: For our customers, we provide customer support at the telephone number and email address mentioned above on business days from 9:00 a.m. to 5:00 p.m.
2. Basic concepts
2.1 These general terms and conditions (hereinafter referred to as the “GTC”) of the seller govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the “purchase contract”)
concluded between us and consumers or businesses (hereinafter referred to as the “customer” or “you”) through PELEK Distribution s.r.o. on pelek.pt.
2.2 Online store. The seller’s online store (hereinafter referred to as the “online store”) is operated on the website pelek.pt PELEK Distribution s.r.o.
2.3 What can you buy from us? PELEK Distribution s.r.o. In our online store, you can purchase the products we display and offer. If a license for use is offered with the product, it is also included.
2.4 Who is considered a consumer? A consumer is any individual who, outside the scope of their business activities or the independent exercise of their profession, enters into a purchase contract with us or otherwise acts with us in a lawful manner (hereinafter referred to as the “consumer”). The online store is intended only for customers who are consumers. Sales to businesses are not possible.
2.5 Products with digital content. These terms and conditions apply accordingly to contracts for the supply of products with digital content, unless otherwise provided. Digital content refers to data created and supplied in digital format.
2.6 Products with digital elements. These terms and conditions apply accordingly to contracts for the supply of physical data carriers that serve exclusively as carriers of digital content, unless otherwise provided. Digital content refers to data created and supplied in digital format.
2.7 Disposal of household appliances. In accordance with the obligations laid down in § 38 of Act No. 185/2001 Coll. on waste, as amended by subsequent regulations, we inform customers that old household appliances may be delivered free of charge for disposal to the following address: Kirilovova 181, 739 21 Paskov, .
3. Communications to customers before concluding the purchase contract
3.1 Seller's authorization and supervisory authorities. We are authorized to sell goods on the basis of a trade license. Commercial supervision is carried out, within its jurisdiction, by the relevant trade licensing office. Supervision of personal data is exercised by the Personal Data Protection Authority. To the extent stipulated by law, the Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 on consumer protection.
3.2 For illustrative purposes only. The photographs you see on our website are for illustrative purposes only.
3.3 Additional costs. We do not charge additional costs for telecommunications services (for example.
if you call us on our telephone number, you will pay only your standard call rate).
3.4 Consumers have the right to withdraw from the purchase contract without giving any reason, at least within the period of 14 days, which begins no later than on the day the goods are received (or the last product, partial shipment, or last item in the case of a contract for multiple items in a single order, or the delivery of goods in several partial shipments or items). The seller may provide a longer period. To meet the deadline, it is sufficient to send a notice concerning the exercise of the right to withdraw from the contract before the end of that period.
3.5 Form for withdrawing from the purchase contract. To exercise your right to withdraw from the contract, you must notify us unequivocally by email, telephone, postal address or other means. You may use the attached model withdrawal form for this purpose, but you are not required to do so.
3.6 When you do not have the right to withdraw from the purchase contract. The customer does not have the right to withdraw from the following contracts:
3.6.1 concerning the delivery of goods that have been modified and/or created at the customer’s request or for the customer;
3.6.2 concerning the delivery of goods whose price depends on fluctuations in financial markets beyond our control that may occur during the withdrawal period for the purchase contract;
3.6.3 concerning the delivery of goods subject to rapid deterioration, as well as goods that were irrevocably mixed with other goods after delivery;
3.6.4 concerning the delivery of goods in sealed packaging, which the consumer removed from the packaging and which, for reasons of health protection or hygiene, is not suitable for return after the consumer has broken the seal; this also applies to audio or video recordings and computer software, if the customer broke the original packaging;
3.6.5 concerning accommodation, transport of goods, vehicle rental, catering or leisure activities, if they are to be performed on a specific date or during a specific period in accordance with the contract;
3.6.6 concerning the delivery of newspapers, periodicals or magazines, except for subscription contracts for their delivery;
3.6.7 concerning the provision of services, if they have been provided in full; in the case of performance for consideration, only if performance began with the consumer’s prior explicit consent before the end of the withdrawal period for the contract and the trader informed the consumer before concluding the contract that, upon performance, the right to withdraw from the contract would expire;
3.6.8 regarding urgent repairs or maintenance to be carried out at the location designated by the consumer at their explicit request; however, this does not apply to carrying out unsolicited repairs or supplying goods other than replacement parts necessary to carry out the repair or maintenance;
3.6.9 regarding the delivery of digital content, if it has not been supplied on a physical medium and has been provided with your explicit prior consent before the end of the withdrawal period for the purchase contract, and we informed you before concluding the purchase contract that, in such a case, you do not have the right to withdraw from the purchase contract.
3.7 Value of the returned goods and costs related to returning the 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. In the event of withdrawal from the purchase contract within the withdrawal period, we are obliged to refund the purchase price (excluding additional costs if you choose a delivery method other than the cheapest one offered by the seller), using the same payment method as was used to receive the money, unless we agree otherwise, no later than 14 days after we receive the returned item or are reliably provided with proof that it has been shipped. No fee will be charged for this refund. If we do not receive the item back, we are entitled not to refund the purchase price.
3.9 Address for shipping returned goods. The return label is generally available in the user account on pelek.pt. If we do not provide a label for returning the goods, use this address to ship the goods: Kirilovova 181, 739 21 Paskov. Alternatively, please contact us at info@pelek.pt or by telephone at 601548120, so that we can ensure your return rights 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 a resolutory condition, whereby, if the purchase contract is terminated by the customer or by us, the gift agreement concerning such gift becomes ineffective and the customer is obliged to return to us the gift provided together with the goods.
4. Procedure for concluding the purchase contract
4.1 Creating an order. The customer can select one or more goods by adding them to the virtual shopping cart, where they can view the selected goods, change the quantity, or remove them from the cart. By pressing the “Checkout” button, the customer is asked to enter information related to shipping and choose a payment method. Before completing the order, the customer can review and change the information entered in the order, as well as the customer details. By clicking the “Order with obligation to pay” button, the ordering process is completed and the purchase contract is concluded.
4.2 Acceptance of the GTC. By submitting the order, you confirm that you have familiarized yourself with and agree to these GTC and our personal data processing policies.
4.3 Consent of the legal representative for a minor customer. If a minor customer purchases from our online store, this requires the prior consent of their legal representative.
4.4 Characteristics of the goods. The customer is required to familiarize themselves with the characteristics, type, and recommended method of use of the goods before completing 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 acceptance of the customer's order by sending an order confirmation by email. This order confirmation serves only to inform the customer that the order has been accepted and will be processed no later than within 2 business days after the customer places the order. The purchase contract is concluded when the “Order with obligation to pay” button is pressed.
4.6 Contractual language. The contractual language is Portuguese.
4.7 Obligations arising from the purchase contract. By concluding the purchase contract, we undertake to deliver the purchased goods and enable you to acquire ownership of the goods. By concluding the purchase contract, you undertake to accept the goods and pay us the price of the goods.
4.8 Copy of the GTC and the form for withdrawal from the purchase contract. The customer will receive a copy of the concluded purchase contract, i.e. the current version of these GTC. A consumer customer will also receive the form for withdrawal from the purchase contract within the statutory period.
5. Price of the goods and payment methods
5.1 Price. All prices of the goods are stated in euros (EUR) and include VAT.
5.2 Payment options. Payment methods for the price of the goods and any costs associated with delivering the goods can also be found on the seller's description page. We reserve the right not to offer the customer a particular payment method in individual cases. The customer has the option:
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, available at https://www.paypal.com)
5.2.2 Payment by card
5.2.3 Payment by bank transfer or instant bank transfer
5.2.4 Apple Pay, Google Pay
5.3 Unrealistic price of the goods. If a price of EUR 0 is displayed or a highly non-commercial price is displayed, where a non-commercial price is considered to be one below our purchase price, we reserve the right to remove this item from the offer you made to conclude the purchase contract. You will be informed of this by email.
5.4 Invoice format. We agree that invoices will be sent electronically to your email address.
5.5 Full payment of the purchase price. We reserve ownership of the goods until the purchase price has been paid in full in accordance with the respective purchase contract.
6. Delivery of the goods and place of performance
6.1 Delivery of the goods. The goods will be delivered within the delivery period specified for the respective type of goods. We undertake always to deliver the goods within a maximum of 30 days. You will always be informed of any changes to the delivery period
delivery will always be communicated. In addition to the purchase price, you are also obliged to pay us any costs associated with packaging and delivering the goods in the agreed amount, as well as a surcharge for the selected payment method. Unless expressly stated otherwise, the purchase price is understood to include the costs associated with delivering the goods. Before concluding the purchase contract, you will be informed of the final price, including packaging and transport costs.
6.2 Delivery address. The goods will be delivered to the address specified by the customer in the order.
6.3 Method of transport. The customer may choose the method of transporting the goods to any address specified in the order.
6.4 Redelivery and associated costs. If, for reasons attributable to you, it is necessary to deliver the goods repeatedly or in a manner different from that specified in the order, you are obliged to pay the costs associated with redelivering the goods, that is, the costs associated with another delivery method.
6.5 Receipt of the goods. At the time the customer receives the goods, the risk of damage and accidental deterioration of the quality of the purchased goods passes to the customer. If the customer was supposed to receive the goods from the carrier, passes
the risk of accidental destruction and accidental deterioration of the quality of the purchased product passes to the customer when the customer is allowed to dispose of the product, but not before the indicated delivery deadline.
6.6 Customer's duty upon receiving the product. Upon receiving the product, you are required to inspect it and verify its characteristics (especially whether you received the correct type of product, whether the product has the agreed quality, and whether the product in its packaging contains everything it should contain according to the manual). In the event of visible damage to the shipment caused by the carrier, the customer is required not to accept such shipment from the carrier. We assume no liability for damage caused by the carrier or for delays in delivering the product, regardless of the reason for the delay.
6.7 Damage the seller may incur due to non-acceptance of the product. If the consumer customer does not accept the product upon delivery by the carrier, the product will subsequently be returned to the Seller and, if the consumer customer does not withdraw from the purchase contract within 14 days of the unsuccessful delivery of the product, the seller is entitled to demand from the customer the costs charged by the carrier for returning the product to the seller. This cost constitutes damage incurred by the seller due to the customer's breach of legal obligations.
7. Rights arising from defective performance
7.1 Defective performance. This section of the General Terms and Conditions governs the rights and obligations involved in exercising rights arising from defective performance in the sale of products between us as the seller and the customer as the buyer.
7.2 When to report defective products. You are required to inform us of product defects (report them) without undue delay after the defect occurs. Otherwise, the court will not recognize your right to claim defective performance. You have the right to report a defect occurring in consumer products within 24 months from receipt of this product. This does not apply to products for which the period during which the product may be used is indicated on the packaging, label, manual attached to the product, or in advertising, in accordance with other legislation. The provisions on quality guarantees (contractual warranty) apply here.
7.3 What happens after 24 months? After the 24-month period expires, it will no longer be possible to claim product defects. Where applicable for the product concerned, this period is extended by the time during which you were unable to use the product because it was undergoing a legitimate claim. Although we strive to resolve claims to your satisfaction, some products must be handled in accordance with the instructions indicated on the packaging/label/instructions—otherwise, they may be damaged.
7.4 Contractual warranty. If a voluntary contractual warranty was provided for the product concerned for a period longer than 24 months from receipt of the product, you may claim product defects during that period. The period is extended by the time during which you were unable to use the product because it was undergoing a legitimate claim.
7.5 Presumption that the product is defective. If the defect becomes apparent within 12 months of acceptance of the product, it is presumed that the product was already defective at the time of acceptance, unless we prove otherwise.
7.6 Which defects are we not liable for? We are not liable for defects in the following cases: 7.6.1 if the defect in the product existed at the time of acceptance and a discount on the purchase price was agreed for that defect,
7.6.2 the defect occurred in the product due to wear and tear caused by normal use or arises from the nature of the product,
7.6.3 is caused by you and occurred due to improper storage, improper maintenance, your intervention or mechanical damage, all under conditions that do not correspond to its temperature, dust, humidity, or other environmental influences and are therefore directly specified by us or the manufacturer (usually in the information leaflet/product label), or arise from legislation,
7.6.4 the product was modified by the customer and the defect occurred as a result of that modification,
7.6.5 use of the product under conditions that do not correspond to its temperature, dust, humidity, chemical and mechanical environmental influences, which are directly specified by the seller or manufacturer or arise from legislation,
7.6.6 the defect occurred due to an external event beyond our control (for example, a natural event).
7.7 What should I do to claim a product defect? To assert rights related to product defects, contact us through your user account on pelek.pt, and we will then contact you and agree on the next steps. Alternatively, contact us directly at our email address.
7.8 Confirmation of receipt of the complaint. After you send the message regarding your right to make a complaint, we will contact you within 2 business days. The complaint is considered to have been made when we receive the information about the product complaint from you.
7.9 Returning the product subject to the complaint to the seller. The product must be returned complete and undamaged (except for the reported defect), ideally in its original, intact packaging, so that we can comply with good hygiene practices. We will bear the cost of transporting the product for the purpose of remedying the defect. We will contact you to agree on the next steps.
7.10 Confirmation. After receiving the product subject to the complaint, we will send confirmation of receipt of the complaint and its contents to the email address you provide.
8. Methods for resolving and closing complaints
8.1 What will affect my options. You will have the right to request the remedy of the defect. Depending on your choice, you may select:
8.1.1 repair of the item; 8.1.2 delivery of a new item; or
8.1.3 delivery of the missing part.
Your request must not be disproportionate. If repairing the item would cause us significant difficulty or would not be a reasonable request in relation to the item's value and the importance of the defect, we will inform you. We will proceed in the same way if we consider your request for delivery of a new item disproportionate to the product defect or the product's value.
8.2 If this constitutes a substantial breach of the purchase contract. If the defect constitutes a substantial breach of the purchase contract, you will have the right to withdraw from the purchase contract or request a reasonable discount on the purchase price of the product.
8.3 When can you request a refund of the purchase price? In some situations, you may withdraw from the purchase contract and request a refund of the purchase price. This will not be possible if the product defect is insignificant. The situations in which you may withdraw from the purchase contract and request a refund of the purchase price are as follows:
8.3.1 we refuse to remedy the product defect or fail to remedy it within a reasonable period;
8.3.2 it is evident from our statement or another circumstance that the defect will not be remedied within a reasonable period or without significant difficulty for the buyer;
8.3.3 the product defect manifests itself repeatedly; or
8.3.4 this constitutes a material breach of the purchase contract.
8.4 When will it be possible to request a reasonable discount on the purchase price of the product? In some situations, you may request a reasonable discount on the purchase price. This will not be possible where the product defect is insignificant. In what situations may you request a reasonable discount on the purchase price?
8.4.1 we refuse to remove the product defect or fail to correct it within a reasonable period;
8.4.2 it is evident from our statement or another circumstance that the defect will not be removed within a reasonable period or without significant difficulty for the buyer;
8.4.3 the product defect manifests itself repeatedly; or
8.4.4 this constitutes a material breach of the purchase contract.
8.5 You will inform us how the complaint is to be handled. You are obliged to inform us which right arising from defective performance you have chosen when notifying us of the defect or without undue delay after notifying us of the defect. The choice made cannot be changed without our consent; this does not apply if you request the repair of a defect that proves to be irreparable.
8.6 Return of the original product. When processing the complaint by delivering a new product, you are obliged to return the product originally supplied (unless we agree otherwise). The customer cannot demand delivery of a new product (and cannot withdraw from the purchase contract) if they cannot return the product in the condition in which they received it. This does not apply if you used the product before discovering the defect or if its condition changed while you were inspecting the defect. This also applies where, through no fault of your own, it is not possible to return the product in its original condition.
8.7 When will the complaint process be closed? The complaint process will be closed within 3 weeks from the date the right arising from defects is claimed, unless we agree otherwise.
8.8 Closing the complaint. If the goods subject to the complaint were sent to us by the carrier for the purpose of the complaint, they will automatically be sent to your address after the complaint has been resolved, together with confirmation of the date and method of resolving the complaint, including confirmation of the correction made and the duration of the complaint, or the justification for rejecting the complaint.
8.9 Duty upon receiving the claimed goods. Upon receipt, you also have a duty to check the completeness of the claimed goods, namely that the shipment containing the goods includes everything it should. Subsequent complaints will not be considered.
9. Personal data protection
9.1 Principles of personal data processing. More information about which personal data we process, how, for what purpose, and for how long they are processed can be found in our personal data processing policies.
10. Force majeure
10.1 What force majeure means. For the purposes of these GTC, force majeure means any obstruction that occurs independently of our will and prevents us from fulfilling our obligation, if it could not reasonably have been foreseen that we could avoid, overcome, or anticipate such obstruction or its consequences. Excluding effects
liability is limited only for the period during which the obstruction associated with these effects persists.
11. Alternative dispute resolution
11.1 Out-of-court dispute resolution. Out-of-court resolution of consumer disputes arising from purchase contracts falls under the jurisdiction of the Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform, available at https://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the consumer arising from purchase contracts.
11.2 European Consumer Centre in Portugal. The European Consumer Centre in the Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: https://evropskyspotrebitel.cz is the point of contact 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 (Regulation on online dispute resolution for consumer disputes).
11.3 Complaints. Before initiating out-of-court dispute resolution, we recommend that you contact us at the email address info@pelek.pt. We always try to resolve the dispute amicably first. Your complaints
will be handled within a maximum of 2 business days (48 hours; this period may be extended by weekends and public holidays observed in the Czech Republic).
12. Final provisions, including applicable law and jurisdiction.
12.1 Commitment to respect consumer rights. If any provision of these GTC conflicts with statutory consumer-protection provisions, 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 or becomes invalid or ineffective, provisions whose meaning most closely approximates that of the invalid provision shall replace it. 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 will be governed by the laws of the Czech Republic, excluding all conflict-of-law provisions that refer to another legal system. However, this choice of law must not deprive the consumer of the protection afforded by the provisions of the legal system of the country in which they habitually reside. The contracting parties expressly agree to exclude the application of the UN Convention on Contracts for the International Sale of Goods. Pursuant to Article 6(2) of the Rome I Regulation, mandatory provisions of the law that would apply in the absence of this clause will always apply.
12.4 Disputes and jurisdiction. The contracting parties further agree that, for the resolution of any disputes arising from the purchase contract involving an international element, the competent courts will always be the local courts according to the location of our registered office. This does not affect consumers' rights under special legislation.
12.5 If we agree on different conditions for concluding the purchase contract. The provisions of the GTC form an integral part of the purchase contract. Deviating provisions may be agreed in the purchase contract. Any agreements that deviate from the GTC in the purchase contract take precedence over the provisions of the GTC.
12.6 Requirement to read the GTC to conclude the purchase contract. Reading these GTC is voluntary; unfortunately, it is not possible to conclude the purchase contract without reading them.
12.7 Validity of the GTC. These GTC are valid from 01.01.2024 and invalidate the previous commercial terms and conditions.