General terms and conditions of sale
PELEK Distribution s.r.o. concerning the sale of goods through the online store located at pelek.pl under the name PELEK Distribution s.r.o.
Table of contents
- Contact details
- Basic concepts
- Information for customers before concluding the sales contract
- Procedure for concluding the sales contract
- Price of goods and payment methods
- Delivery of goods and place of performance
- Rights arising from defective performance
- Methods of handling complaints and their resolution
- Personal data protection
- Force majeure
- Alternative dispute resolution
- Final provisions, including governing law and jurisdiction
1. Contact details
1.1 Online store operator:
PELEK Distribution s.r.o.
Registered office: Vlkova 532/8, 13000 Prague, Czech Republic
Identification number (MŠO): 26719941
Tax identification number: CZ26719941
Authorized representative: Sergii Kryvulia
Registration court / commercial register: Municipal Court in Prague
Registration number: 231166
Branch address: Peteřska nám. 2, 11000 Prague
(hereinafter referred to as the “seller” or “we”)
Telephone: +420 705 724 353
Email: info@pelek.pl
Customer service: We provide customer service at the above telephone number and email address on business days from 9:00 to 17:00.
2. Basic concepts
2.1 These general terms and conditions of sale (hereinafter referred to as the “GTC”) of the seller govern the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase and sale agreement (hereinafter referred to as the “sales contract”) concluded between us and consumers or businesses (hereinafter referred to as the “customer” or “you”) via PELEK Distribution s.r.o. on pelek.pl.
2.2 Online store. The seller’s online store (hereinafter referred to as the “online store”) is operated on pelek.pl by 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 goods that we present and offer. If a usage licence is included with the goods, you may also acquire the right to use it.
2.4 Who is considered a consumer? A consumer is any natural person who, outside the scope of their business activities or professional practice, enters into a sales contract with us or otherwise acts legally in relation to us (hereinafter referred to as the “consumer”).
The online store is intended exclusively for customers who are consumers. Sales to businesses are not possible.
2.5 Goods with digital content. In the case of contracts concerning the delivery of goods with digital content, these general terms and conditions apply as appropriate, unless otherwise specified.
Digital content means data created and supplied in digital form.
2.6 Goods with digital elements. In the case of contracts concerning the delivery of physical data carriers used exclusively as carriers of digital content, these general terms and conditions apply as appropriate, unless otherwise specified.
Digital content means data created and supplied in digital form.
2.7 Acceptance of electrical equipment. In accordance with the obligations set out in Section 38 of Act No. 185/2001 Coll. on waste, as currently amended, we inform customers that they may deliver old electrical equipment free of charge for disposal at: Kirilovova 181, 739 21 Paskov.
3. Information for customers before concluding the sales contract
3.1 Seller's authorization and supervisory authorities. We are authorized to sell goods under a trade concession. Supervision of craft activities is carried out by the relevant craft office. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises compliance, within its specified scope, with Act No. 634/1992 Coll. on consumer protection.
3.2 Illustrative nature. The images you see on our website are for illustrative purposes only.
3.3 Additional costs. We do not charge any additional fees for electronic communication methods (e.g. if you call our telephone number, you will pay only the operator's standard rate).
3.4 Consumers have the right to withdraw from the sales contract without giving a reason, within at least 14 days, calculated no later than from the date of receipt of the goods (or the last product, part of the shipment, or last item where a single contract covers several goods in one order, or the delivery of goods in several parts).
The seller may specify a longer period. To meet the deadline, it is sufficient to send notification of your intention to exercise the right of withdrawal before it expires.
3.5 Sales contract withdrawal form. To exercise the right of withdrawal, you must do so unambiguously - by emailing us, calling us, sending a letter, or using another method. You may use the attached model sales contract withdrawal form, but this is not mandatory.
3.6 When the sales contract cannot be cancelled. The buyer has no right to withdraw from the following contracts:
3.6.1 concerning the delivery of goods made or customized at the customer's request or for their person;
3.6.2 concerning goods whose price depends on fluctuations in financial markets beyond our control that may occur during the withdrawal period;
3.6.3 concerning perishable goods, as well as goods that have been irreversibly combined with other goods after delivery;
3.6.4 concerning goods in sealed packaging that have been opened by the consumer and are unsuitable for return for health or hygiene reasons, including audio or video media and software, if the original packaging was damaged by the consumer;
3.6.5 concerning accommodation, transport of goods, vehicle rental, catering, or leisure services, if, under the contract, they are to be performed on a specified date or during a specified period;
3.6.6 concerning the delivery of newspapers, periodicals, or magazines, except subscription contracts;
3.6.7 concerning the provision of services, if they have been fully performed - for paid services, only if performance began with the consumer's express consent before the withdrawal period expired, and the trader informed the consumer in advance that they would lose the right to withdraw once performance began;
3.6.8 concerning urgent repairs or maintenance to be carried out at a location specified by the consumer at their express request; this does not apply to other repairs or supplies of goods besides spare parts necessary to carry out the repair;
3.6.9 concerning the supply of digital content, if it was not supplied on a physical medium and was supplied with the consumer's prior express consent before the withdrawal period expired, and the consumer was informed that, in such a case, they lose the right to withdraw from the 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 41 (EUR 41.01 excluding shipping costs), the seller bears the return costs.
3.8 Refund of the purchase price. If you withdraw from the contract within the period prescribed by law, we are obliged to refund buyers the purchase price (excluding any additional costs resulting from choosing a type of delivery other than the cheapest standard delivery offered by the seller) using the same payment method as for the purchase, unless we agree otherwise, no later than 14 days from the date we receive the returned goods or reliable proof that they have been sent back. No fees will be charged for this refund. If the goods are not returned, we have the right to withhold the refund of the purchase price.
3.9 Address for return shipments. A return label is usually available in the user account on pelek.pl.
If a return label has not been provided, the product should be sent to Kirilovova 181, 739 21 Paskov.
If necessary, please contact us by email: info@pelek.pl or by phone: +420 705 724 353 to confirm the right to return the product and agree on an individual procedure.
3.10 Gift. If the customer received a gift together with the product, the gift agreement was concluded on the condition that if the customer or we withdraw from the sales contract, the gift agreement ceases to apply and the customer undertakes to return the gift together with the product.
4. Procedure for concluding a sales contract
4.1 Placing an order. The customer may select one or more products by adding them to a virtual shopping cart, where they can view the selected products, change their quantities, or remove items. By clicking the “Checkout” button, the customer is asked to enter shipping information and select a payment method. Before completing the order, the customer can check and correct the information entered in the order, including personal data. By clicking the “Order with an obligation to pay” button, the customer completes the ordering process, and the sales contract is concluded at that moment.
4.2 Confirmation of the T&Cs. By placing an order, you confirm that you have read and accept these T&Cs and our personal data processing policy.
4.3 Consent of the legal representative for purchases by a minor. If a minor makes a purchase in our online store, the prior written consent of their legal representative is required.
4.4 Product properties. Before completing the order, the customer is required to familiarize themselves with the properties, type, and recommendations for using the product. By placing an order, the customer confirms that they have read and understood this information.
4.5 Order confirmation. The seller confirms the received order by sending the customer an email confirmation. This confirmation serves solely as information that the order has been accepted and will be processed no later than within 2 business days of its submission. The sales contract is concluded when the button “Order with an obligation to pay” is clicked.
4.6 Language of the contract. The language of the contract is Polish.
4.7 Obligations arising from the sales contract. Upon conclusion of the sales contract, we undertake to transfer the purchased goods to you and enable you to acquire ownership. You, in turn, undertake to accept the goods and pay their price.
4.8 Copy of the GTC and withdrawal form. The customer receives a copy of the concluded sales contract, i.e. the current version of these GTC. A customer who is a consumer 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 Polish zloty (PLN) and include VAT.
5.2 Payment methods. The methods of paying for the goods and any costs related to delivery are provided on the store's information pages. We reserve the right not to make certain payment methods available to the customer in some cases. The customer may choose from:
5.2.1 PayPal (the customer is redirected to the PayPal website, where they pay for the order in accordance with the PayPal terms and conditions available at https://www.paypal.com ),
5.2.2 payment by card,
5.2.3 bank transfer or instant online transfer,
5.2.4 Apple Pay, Google Pay.
5.3 Incorrect price of goods. If an unrealistic price of 0 PLN or a non-market price, i.e. below our purchase price, is displayed, we reserve the right to remove the item from your offer to conclude a sales contract. You will be informed of this by e-mail.
5.4 Invoice format. It has been agreed that invoices will be sent electronically to your e‑mail address.
5.5 Full payment of the purchase price. We reserve title to the goods vis-à-vis customers until the purchase price arising from the relevant sales contract has been paid in full.
6. Delivery of goods and place of performance
6.1 Delivery of goods. The goods will be delivered within the period specified for the relevant product. We always undertake to deliver the goods within 30 days at the latest. We will inform you of any changes to the delivery date.
In addition to the purchase price, you are also required to pay any agreed packaging and shipping costs, as well as any surcharge for the selected payment method. Unless expressly stated otherwise, the purchase price also includes delivery costs. Before concluding the sales contract, 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 provided by the customer in the order.
6.3 Transport method. The customer may choose the method of delivery of the goods to any address provided in the order.
6.4 Redelivery and related costs. If, for reasons attributable to you, it is necessary to redeliver the goods or change the delivery method specified in the order, you are required to cover the costs of reshipping or the changed delivery method.
6.5 Receipt of the goods. When the customer receives the goods, the risk of damage to or accidental deterioration of the quality of the purchased products passes to the customer. If the goods must be collected from the carrier, the risk of accidental destruction or deterioration of quality passes to the customer when the goods are made available to them, but not earlier than the agreed delivery date.
6.6 Customer's obligations upon receipt. Upon receiving the goods, you are required to check their properties (in particular, whether you received the correct type of goods, whether they comply with the contract, and whether the packaging contains all the items listed in the instructions). In the event of visible damage to the shipment caused by the carrier, the customer should not accept it. We are not liable for damage caused by the carrier or for delivery delays, regardless of the reasons for the delay.
6.7 Damage suffered by the seller due to failure to collect the goods.
If a customer who is a consumer fails to collect goods delivered by the carrier and the goods are returned to the seller, and the customer does not withdraw from the contract within 14 days of the failed delivery, the seller has the right to charge the customer the return shipping costs charged by the carrier. This cost constitutes damage suffered by the seller as a result of the customer's breach of obligations.
7. Rights arising from defective performance
7.1 Defective performance. This section of the general terms and conditions governs the rights and obligations related to exercising rights arising from defective performance in the sale of goods between us as the seller and you as the customer.
7.2 When to file a complaint about defective goods. Defects in goods must be reported (claimed) without undue delay, immediately after they are detected. Otherwise, the court may refuse to recognize your rights arising from defective performance. You have the right to file a complaint concerning consumer goods within 24 months of receiving them. This does not apply to goods for which the period during which they may be used is specified on the packaging, label, or in the instructions in accordance with applicable law. In this case, the provisions concerning the quality guarantee (contractual guarantee) apply.
7.3 What happens after 24 months? After 24 months, claims for defects can no longer be pursued. If possible for the product concerned, this period is extended by the time during which the product could not be used due to a justified complaint. Although we always strive to resolve complaints satisfactorily, you must follow the instructions provided on the packaging/label/enclosed manual - otherwise, it may be damaged.
7.4 Contractual warranty. If the product is covered by a voluntary contractual warranty longer than 24 months from receipt, you may pursue claims during that period. The warranty period is extended by the time during which the product was undergoing a justified complaint procedure.
7.5 Presumption of defect. If a defect becomes apparent within 12 months of receipt, it is presumed that the product was defective at the time of receipt, unless we prove otherwise.
7.6 What defects are we not liable for? We are not liable for defects in the following cases:
7.6.1 the defect was known at the time of purchase and was reflected in the reduced price,
7.6.2 the defect resulted from normal wear and tear or follows from the nature of the product,
7.6.3 was caused by your fault as a result of improper storage, maintenance, use, or mechanical damage, under inappropriate conditions in terms of temperature, humidity, or other environmental factors - inconsistent with our or the manufacturer's recommendations (usually provided in the instructions/on the label),
7.6.4 the product was modified by the customer and the defect resulted from that modification,
7.6.5 the product was used under inappropriate conditions (e.g., excessively high/low temperature, contamination, moisture, exposure to chemicals, vibration, impact) specified by the seller or manufacturer,
7.6.6 the defect was caused by external factors beyond our control (e.g., natural disasters).
7.7 How to pursue claims for defects? To exercise your rights regarding product defects, contact us through your user account on pelek.pl. We will then contact you and determine the next steps. You can also write directly to our email address.
7.8 Acknowledgment of receipt of a complaint. After you submit a complaint, we will respond within 2 business days. The complaint is considered submitted when we receive the information necessary to assess it.
7.9 Returning the product subject to the complaint to the seller. The product must be returned complete and undamaged (apart from the reported defect), preferably in its original, undamaged packaging, in order to maintain good hygiene practices. We will collect the product at our expense. We will contact you to arrange the next steps.
7.10 Confirmation. After receiving the product subject to the complaint, you will receive confirmation of receipt of the complaint and its contents at the specified e-mail address.
8. Methods of handling complaints and their resolution
8.1 What options do you have? You have the right to request remedying of the defect. You may choose:
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 an unjustified request. If the repair would be excessively burdensome or disproportionate for us in relation to the value of the product and the significance of the defect, we will inform you of this.
8.2 Material breach of the sales contract. If the defect constitutes a material breach of the contract, you have the right to withdraw from the sales contract or request an appropriate price reduction.
8.3 When can you request a refund of the purchase price? In certain cases, you may withdraw from the contract and request a refund of the purchase price - this does not apply if the defect is minor. You may do so if:
8.3.1 we have refused to repair the product or have failed to remedy the defect within a reasonable time;
8.3.2 our statement or the circumstances clearly indicate that repair will not be possible within a reasonable time or without serious inconvenience;
8.3.3 the defect recurs;
8.3.4 the defect constitutes a material breach of the contract.
8.4 When can you request a price reduction? You may request an appropriate price reduction if:
8.4.1 we refuse to repair the product or fail to remedy the defect within a reasonable time;
8.4.2 our statement or other circumstances indicate that repair will not be possible within a reasonable time or without serious difficulties;
8.4.3 the defect recurs;
8.4.4 the defect constitutes a material breach of the contract.
8.5 Notification of how the complaint will be resolved. You must inform us which remedy for defective performance you choose when reporting the defect or without undue delay after reporting it. You cannot change your choice without our consent, unless the requested repair proves impossible.
8.6 Return of the original product. If we resolve the complaint by providing a new product, you are required to return the original product (unless we agree otherwise). You are not entitled to request a replacement if the product cannot be returned in the condition in which it was delivered - unless it was used before the defect was discovered or cannot be returned for reasons beyond the customer's control.
8.7 Time limit for processing a claim. The claim will be processed within 3 weeks of its submission, unless we agree otherwise.
8.8 Conclusion of the claim process. If the claimed goods were sent by courier, after the claim has been processed they will automatically be returned to your address together with confirmation of the date and method of processing, including information about any repair, the duration of the claim process, or the reasons for its rejection.
8.9 Obligation upon receipt of the claimed goods. After receiving the goods following a claim, check that they are complete - that the shipment contains everything it should. Subsequent claims will not be considered.
9. Personal data protection
9.1 Personal data processing rules. More information about what personal data we process, how, for what purpose, and for how long can be found in our personal data processing rules.
10. Force majeure
10.1 What force majeure means. For the purposes of these GTC, force majeure means any obstacle arising independently of our will that prevents us from fulfilling our obligations, if it was not reasonably possible to foresee that the obstacle or its effects could be avoided, overcome, or anticipated.
The effects that exclude liability are limited solely to the duration of the obstacle to which they relate.
11. Alternative dispute resolution
11.1 Amicable dispute resolution. The authority responsible for amicable resolution of consumer disputes arising from the sales contract is the Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, 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 buyer arising from the sales contract.
11.2 European Consumer Centre RC. The European Consumer Centre of the Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: https://evropskyspotrebitel.cz , is 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.
11.3 Complaints. Before initiating out-of-court proceedings, we recommend contacting us at the following e-mail address: info@pelek.pl. We always try to resolve all disputes amicably first. Your complaints will be processed no later than within 2 business days (48 hours; this period may be extended by public holidays and holidays observed in the Czech Republic).
12. Final part - applicable law and jurisdiction
12.1 Obligation to comply with consumer rights. If any provision of these GTC were contrary to consumer protection regulations, the provisions of law shall take precedence, and we undertake to comply with them.
12.2 Invalid or ineffective provisions of the GTC. If any provision of the GTC proves to be invalid or ineffective, it shall be replaced by a provision whose meaning is as close as possible to that of the invalid provision. The invalidity or ineffectiveness of an individual provision shall not affect the validity of the remaining provisions.
12.3 Applicable law. If there is an international element, the parties agree that their legal relations shall be governed by the law of the Czech Republic, excluding all conflict-of-law rules referring to another legal system.
The choice of law may not, however, deprive the consumer of the protection afforded by the laws of the country of their habitual residence.
The parties to the agreement 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 applicable law that would apply even without this clause shall always apply.
12.4 Disputes and jurisdiction. The parties to the agreement further agree that any disputes arising from a sales agreement containing an international element shall be resolved exclusively by the court having territorial jurisdiction over our registered office. This does not affect consumers' rights arising from special statutory provisions.
12.5 Different terms of the sales agreement. The provisions of the GTC form an integral part of the sales agreement. Different provisions may be agreed in the agreement - the provisions of the agreement shall then take precedence over the GTC.
12.6 Requirement to read the GTC before concluding the agreement. Reading these GTC is voluntary; however, unfortunately, it is not possible to conclude a sales agreement without doing so.
12.7 Validity of the GTC. These GTC shall apply from 01.01.2024 r. and repeal the previous terms and conditions of trade.