General terms and conditions

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

Contact details
Basic terms
Information for customers before concluding the purchase agreement
Purchase agreement conclusion process
Price of goods and payment methods
Delivery of goods and place of performance
Rights arising from defective performance
Methods of handling and resolving 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 ID: 26719941

Tax identification number: CZ26719941

Authorised representative: Sergii Kryvulia

Registry court / Commercial Register: Municipal Court in Prague Registration number: 231166

Business address: Petrske nam 2, 11000 Prague,

(hereinafter referred to as the “seller” or “we”)

Telephone: +420774242766

Email: info@pelek.eu

Customer service: We provide customer support to our customers at the telephone number and email address specified above on business days from 9:00 a.m. to 5:00 p.m.

2. Basic terms

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 agreement (hereinafter referred to as the “purchase agreement”)

concluded between us and consumers or businesses (hereinafter referred to as the “customer” or “you”) through PELEK Distribution s.r.o. on pelek.sk.

2.2 Online store. The seller’s online store (hereinafter referred to as the “online store”) is operated on the website pelek.sk PELEK Distribution s.r.o.

2.3 What can you purchase from us? In our online store PELEK Distribution s.r.o. you can purchase the goods that we display and offer. If a licence for their use is offered with the goods, you can purchase that as well.

2.4 Who is considered a consumer? A consumer is any natural person who, outside the scope of their business activities or outside the scope of the independent exercise of their profession, enters into a purchase contract with us or otherwise engages in legal dealings with us (hereinafter referred to as a “consumer”). The online store is intended only for customers who are consumers. Sales to companies are not possible.

2.5 Goods with digital content. These Terms and Conditions apply accordingly to contracts for 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 for the supply of physical data carriers serving exclusively as carriers of digital content, unless otherwise provided. Digital content means data created and supplied in digital form.

2.7 Collection of electrical appliances. In accordance with the obligations imposed by Section 38 of Act No. 185/2001 Coll., on waste, as amended, we inform customers that old electrical appliances may be handed over 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 authorization and supervisory authorities. We are authorized to sell goods on the basis of a trade license. Trade licensing inspections are carried out within their jurisdiction by the relevant trade licensing office. The Office for Personal Data Protection supervises the handling of personal data. Within the defined scope, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., on consumer protection.

3.2 For illustrative purposes only. Photographs shown on our website are for illustrative purposes only.

3.3 Additional costs. We do not charge any additional costs for telecommunications services (e.g.

if you call us on our telephone number, you will pay only your standard call rate).

3.4 Consumers have the right to withdraw from the purchase contract without giving any reason, within a period of at least 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 several items of goods from one order, or 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 the notice concerning the exercise of the right to withdraw from the contract before this period expires.

3.5 Withdrawal form for the purchase contract. To exercise your right of withdrawal, you must notify us unambiguously by email, telephone or at our address, or in another way. You may use the attached model withdrawal form for this purpose, but you are not obliged to do so.

3.6 When you cannot withdraw from the purchase contract. The customer is not entitled to withdraw from the following contracts:

3.6.1 on the supply of goods that have been modified and/or created according to the customer's wishes or for their person;

3.6.2 on the supply of goods whose price depends on fluctuations in financial markets independent of our will, which may occur during the withdrawal period for the purchase contract;

3.6.3 on the supply of goods subject to rapid deterioration, as well as goods that, after delivery, have been irreversibly mixed with other goods;

3.6.4 on the supply of goods in a sealed package that the consumer has removed from the packaging and that, for health protection or hygiene reasons, is not suitable for return, of audio or video recordings and computer programs, if the customer has breached their original packaging;

3.6.5 on accommodation, transport of goods, vehicle rental, catering or leisure activities, where the contract is to be performed on a specific date or during a specific period;

3.6.6 on the supply of newspapers, periodicals or magazines, except for contracts for subscriptions to their delivery;

3.6.7 on the provision of services where they have been provided in full; in the case of performance for consideration, only if performance began with the consumer's prior express consent before the expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that providing the service would result in the loss of the right to withdraw from the contract;

3.6.8 on urgent repairs or maintenance to be carried out at a location specified by the consumer at their express request; this does not apply to carrying out repairs other than those requested or supplying goods other than spare parts necessary for carrying out the repair or maintenance;

3.6.9 on the supply of digital content not supplied on a tangible medium, where it was supplied with your prior express consent before the expiry 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 related return costs. You bear the direct costs of returning the goods. If the value of the returned goods exceeds EUR 40 (EUR 40.01 excluding postage), the seller bears the return costs.

3.8 Refund of the purchase price. If you withdraw from the purchase contract within the withdrawal period, we are obliged to refund the purchase price to you (excluding any additional costs if you chose a delivery method other than the least expensive standard delivery offered by the seller), using the same payment method as was used to receive the payment, unless we agree otherwise, no later than 14 days from the time we receive the returned goods or you reliably prove that they have been sent. You will not be charged any fee for this refund. If we do not receive the goods back, we are entitled not to refund the purchase price.

3.9 Address for sending returned goods. A return label is usually available in the user account on pelek.sk. If we have not provided a return label, use the following address to send the goods: Kirilovova 181, 739 21 Paskov, . Alternatively, please contact us via email at info@pelek.eu or by phone at 601548120 so that we can ensure your rights regarding the return of the goods and agree on an individual procedure.

3.10 Gift. If a gift is provided to the customer together with the product, the gift agreement between us and the customer is concluded subject to the condition that if the customer or we withdraw from the purchase contract, the gift agreement concerning such gift ceases to be effective, and the customer is obliged to return the provided gift to us together with the product.

4. Conclusion of the purchase contract

4.1 Placing an order. The customer may select one or more products by adding them to the virtual shopping cart, where the customer may view the selected products, change their quantity, or remove them from the shopping cart. By clicking the “Checkout” button, the customer is prompted to enter information concerning delivery and select a payment method. Before completing the order, the customer may review and change the information entered in the order, as well as their customer details. By clicking the “Order with an obligation to pay” button, the ordering process is completed and the purchase contract is concluded.

4.2 Acceptance of the General Terms and Conditions. By submitting your order, you confirm that you have read and agree to these General Terms and Conditions and our personal data processing policy.

4.3 Consent of the legal representative for a minor Customer. If a minor Customer purchases from our online store, the prior consent of their legal representative is required.

4.4 Product characteristics. The Customer is required to familiarize themselves with the characteristics, type, and recommended method of using the product before completing the order. By placing the order, the Customer confirms that they have familiarized themselves with this information and understand it.

4.5 Order confirmation. The Seller confirms receipt of the Customer's order by sending the Customer an order confirmation by email. This order confirmation serves only to inform the Customer that the order has been received and will be processed, no later than within 2 business days of the Customer placing the order. The purchase contract is already concluded when the button “Order creating an obligation to pay” is pressed.

4.6 Contractual language. The contractual language is Slovak.

4.7 Obligations arising from the purchase contract. By concluding the purchase contract, we undertake to hand over the purchased products and enable you to acquire ownership of the products. By concluding the purchase contract, you undertake to accept the products and pay us the product price.

4.8 Copies of the General Terms and Conditions and the withdrawal form. The Customer will receive a copy of the concluded purchase contract, i.e. the current wording of these General Terms and Conditions. A consumer Customer will also receive a withdrawal form within the statutory period.

5. Product price and payment methods

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

5.2 Payment options. The methods of paying for the product price and any costs associated with the delivery of the product can also be found on the page describing the seller. We reserve the right not to offer the customer a particular partial payment method for the product in individual cases. The Customer may:

5.2.1 PayPal (The Customer is redirected to PayPal, where they pay the purchase price from their PayPal account in accordance with the PayPal 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 product price. If an unrealistic price of EUR 0 is displayed, or a significantly below-market price is displayed, where a below-market price means a price below our purchase price, we reserve the right to remove this item from your proposal to conclude a purchase contract. You will be informed 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 title to the goods from customers until the purchase price under the relevant purchase contract has been paid in full.

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 relevant type of goods. We always undertake to deliver the goods no later than within 30 days. We will inform you of any changes to the delivery period.

We will always inform you about the delivery. In addition to the purchase price, you are required to pay us any costs associated with packaging and delivery of the goods in the agreed amount, as well as any surcharge for the selected payment method. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods. Before concluding the purchase contract, you will be informed of the final price, including packaging and delivery costs.

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

6.3 Method of transport. The customer may choose to have the goods transported to any address specified in the order.

6.4 Repeated delivery and related costs. If, for reasons on your side, it is necessary to deliver the goods repeatedly or by a method other than that specified in the order, you are required to pay the costs associated with repeated delivery of the goods or the costs associated with the alternative delivery method.

6.5 Acceptance of the goods. The risk of damage to and accidental deterioration in the quality of the purchased goods passes to the customer at the moment the customer accepts the goods. If the customer was to accept the goods from the carrier, the risk passes

the risk of accidental destruction and accidental deterioration in the quality of the purchased goods passes to the customer at the moment when the customer is allowed to dispose of the goods, but not before the stated delivery time.

6.6 Customer's obligation upon accepting the goods. Upon accepting the goods, you are required to inspect them and verify their properties (in particular, whether you have received the correct type of goods, whether the goods are of the agreed quality, and whether their packaging contains everything it should according to the instructions). 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 at all. We are not liable for damage caused by the carrier or for delayed delivery of the goods, regardless of the reason for the delay.

6.7 Damage that may be incurred by the seller due to failure to accept the goods. If a consumer customer fails to accept the goods upon delivery by the carrier, the goods are subsequently returned to the Seller, and the consumer customer does not withdraw from the purchase contract within 14 days of the unsuccessful delivery of the goods, the seller is entitled to demand from the customer the costs charged by the carrier for returning the goods to the seller. This cost constitutes damage incurred by the seller as a result of the customer's breach of statutory obligations.

7. Rights arising from defective performance

7.1 Defective performance. This section of the GTC governs the rights and obligations when exercising rights arising from defective performance in the sale of goods between us as the seller and the customer as the buyer.

7.2 When to make a claim for defective goods. You must notify us of defects in the goods (make a claim) without undue delay after the defect becomes apparent. Otherwise, a court would not grant you the rights arising from defective performance. You are entitled to assert a defect that occurs in consumer goods within 24 months of accepting those goods. This does not apply to goods for which the packaging, label, instructions accompanying the goods, or advertising, in accordance with other legal regulations, states the period for which the goods may be used. The provisions on the quality guarantee (contractual warranty) shall apply in this case.

7.3 What happens after 24 months have elapsed? After the 24-month period has expired without a claim being made, it is no longer possible to assert defects in the goods. If applicable to the goods concerned, this period is extended by the time during which you could not use the goods because they were undergoing an authorized complaint procedure. Although we always try to process complaints to your satisfaction, some goods must be handled according to the instructions on the packaging/label/information leaflet—in the opposite case, they will be damaged.

7.4 Contractual warranty. If a voluntary contractual warranty longer than 24 months from acceptance of the goods was guaranteed for the goods concerned, you may assert defects in the goods during that period. The period is extended by the time during which you could not use the goods because they were undergoing an authorized complaint procedure.

7.5 Presumption that the goods are defective. If a defect becomes apparent within 12 months of acceptance of the goods, the goods are presumed to have been defective at the time of acceptance, unless we prove otherwise.

7.6 What defects are we not liable for? We are not liable to you for defects in the following cases: 7.6.1 if the goods were defective at the time of acceptance and a discount on the purchase price was agreed for such defect,

7.6.2 the defect arose due to wear and tear caused by ordinary use of the goods, or results from the nature of the goods,

7.6.3 it was caused by you and arose due to improper storage, improper maintenance, your intervention, or mechanical damage, all under conditions whose temperature, dustiness, humidity, or other environmental influences do not correspond to those specified directly by us or the manufacturer, usually in the product leaflet or on its label, or required by law,

7.6.4 the product was modified by the customer and the defect arose as a result of that modification,

7.6.5 the product was used in conditions whose temperature, dustiness, humidity, or chemical and mechanical environmental influences do not correspond to those specified directly by the seller or manufacturer, or required by law,

7.6.6 the defect was caused by an external event beyond our control, such as a natural disaster.

7.7 What do I need to do to report a product defect? To exercise your rights regarding product defects, contact us through your user account on pelek.sk; 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. We will contact you within 2 business days after you send the message asserting your right to make a complaint. The complaint is considered to have been made when we receive your information concerning 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 undamaged packaging so that we can comply with proper hygiene procedures. We will collect the product at our own expense for the purpose of removing the defect. We will contact you to agree on the next steps.

7.10 Confirmation. After receiving the product subject to the complaint, a confirmation of receipt of the complaint and its contents will be sent to the email address specified by you.

8. Methods of handling and concluding a complaint

8.1 What will affect my options. You will have the right to request removal of the defect that has occurred. You may choose one of the following:

8.1.1 repair of the item; 8.1.2 delivery of a new item; or

8.1.3 delivery of the missing part.

This should not be an unreasonable request on your part. If repairing the item would entail considerable difficulties for us or would not be a reasonable request considering the item's value and the significance of the defect, we will inform you. We will proceed in the same way if we assess your request for delivery of a new item as unreasonable in view of the product's defect or value.

8.2 If this constitutes a material breach of the purchase contract. If the defect constitutes a material breach of the purchase contract, you will have the right to withdraw from the purchase contract or request a reasonable reduction in the purchase price of the goods.

8.3 When will it be possible to request a refund of the purchase price? In some situations, it will be possible to withdraw from the purchase contract and request a refund of the purchase price. This will not be possible if the defect in the goods is insignificant. What are the situations in which you can withdraw from the purchase contract and request a refund of the purchase price:

8.3.1 we refuse to remedy the defect in the goods or have failed to remedy it within a reasonable period;

8.3.2 it is clear 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 defect in the goods occurs 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 reduction in the purchase price of the goods? In some situations, you may continue to request a reasonable reduction in the purchase price. This will not be possible if the defect in the goods is insignificant. What are the situations in which you can request a reasonable reduction in the purchase price?

8.4.1 we refuse to remedy the defect in the goods or have failed to remedy it within a reasonable period;

8.4.2 it is clear from our statement or another circumstance that the defect will not be remedied within a reasonable period or without significant difficulty for the buyer;

8.4.3 the defect in the goods occurs repeatedly; or

8.4.4 this constitutes a material breach of the purchase contract.

8.5 You notify us of how you want the complaint to be handled. You are obliged to notify us which right arising from defective performance you have chosen, either when notifying us of the defect or without undue delay thereafter. You cannot change your choice without our consent; this does not apply if you request a repair of a defect that proves to be irreparable.

8.6 Returning the original goods. When handling a complaint by delivering new goods, you are obliged to return the goods originally delivered to us (unless we agree otherwise). The customer cannot demand delivery of new goods (nor withdraw from the purchase contract) if they cannot return the goods in the condition in which they received them. This does not apply if you used the goods before discovering the defect or if their condition changed when the defect was discovered. This also applies if, through no fault of your own, it is not possible to return the goods in their original condition.

8.7 When will the complaint process be closed? The complaint process is closed within 3 weeks of exercising the right arising from defects, unless we agree otherwise.

8.8 Completion of the claim. The goods sent to us for a claim by the carrier will, after the claim has been processed, be automatically sent to your address together with confirmation of the date and method of processing the claim, including confirmation that the remedy has been provided and the duration of the claim, or, where applicable, the reasons for rejecting the claim.

8.9 Obligation upon receipt of the claimed goods. You are also required to check the completeness of the claimed goods upon receipt, in particular that the shipment containing the goods includes everything it should. Later objections will no longer be taken into consideration.

9. Personal Data Protection

9.1 Personal data processing principles. More information about what personal data we process, how and for what purpose, and for how long it is processed can be found in our personal data processing principles.

10. Force Majeure

10.1 What constitutes force majeure. For the purposes of these GTC, force majeure means any obstacle that arose independently of our will and prevents us from fulfilling our obligation, provided that it could not reasonably be expected that we would avert, overcome, or foresee the obstacle or its consequences. The effects excluding

liability are limited only to the period during which the obstacle causing these effects persists.

11. Alternative Dispute Resolution

11.1 Out-of-court dispute resolution. The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs, is responsible for out-of-court resolution of consumer disputes arising from purchase contracts. The online dispute resolution platform available at https://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the customer arising from a purchase contract.

11.2 European Consumer Centre Czech Republic. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: https://evropskyspotrebitel.cz is the contact point under 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 contacting us at info@pelek.eu. We always first try to resolve the dispute amicably. Your complaints

will be processed no later than within 2 business days (48 hours; this period may be extended by non-working days and public holidays customary in the Slovak Republic).

12. Final provisions, including governing law and jurisdiction

12.1 Commitment to respect consumer rights. If any provision of these GTC conflicts with consumer protection laws, the law shall prevail, and we undertake to comply with it accordingly.

12.2 Invalid or ineffective provision of the GTC. If any provision of the GTC is invalid or ineffective, or becomes so, provisions whose meaning most closely approximates that of the invalid provision shall replace the invalid provisions. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

12.3 Governing law. In the event of an international element, we agree that our legal relationship shall be governed by the laws of the Slovak Republic, excluding all conflict-of-law provisions referring to another legal system. However, this choice of law must not deprive a consumer user of the protection afforded by the provisions of the law of the country of their habitual residence. 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, the mandatory provisions of the law that would apply in the absence of this clause shall always apply.

12.4 Disputes and jurisdiction. The contracting parties further agree that, in resolving any disputes arising from a purchase contract involving an international element, the courts having local jurisdiction shall always be the courts at our registered office. This does not affect consumers' rights under specific legislation.

12.5 If we agree on different terms for concluding the purchase contract. The provisions of the GTC form an integral part of the purchase contract. Provisions deviating from the GTC may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the GTC.

12.6 Necessity of reading the GTC to conclude the purchase contract. Reading these GTC is voluntary; however, unfortunately, it is not possible to conclude the purchase contract without reading them.

12.7 Validity of the GTC. These GTC are effective from 01.01.2024 and cancel the validity of the previous terms and conditions