General Terms and Conditions of Business

PELEK Distribution s.r.o. for the sale of goods through the online shop located at pelek-ee.com and named PELEK Distribution s.r.o.

Contact details
Key definitions
Notices to customers before concluding a purchase agreement
Process for concluding a goods purchase agreement
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
Individual case
Alternative dispute resolution methods
Final provisions, including applicable law and determination of jurisdiction

1. Contact details

1.1 Online shop operator:

PELEK Distribution s.r.o.

Registered office: Vlkova 532/8, 13000 Prague, Czech Republic

Company registration number: 03402614

VAT ID: CZ03402614

Authorized representative: Sergii Kryvulia

Commercial Register / Trade Register: Prague City Court Registration number: 231166

Registered office address: Peteřska nam 2, 11000 Prague,

(hereinafter referred to as the "seller" or "we")

Telephone: +420774242766

Email: info@pelek.eu

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

2. Key definitions

2.1 These General Terms and Conditions of Sale (hereinafter referred to as the "GTC") govern the rights and obligations between the seller and the buyer arising in connection with or under 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. from the website pelek-ee.com.

2.2 Online shop. The seller's online shop (hereinafter referred to as the "online shop") is operated on the website pelek-ee.com PELEK Distribution s.r.o.

2.3 What can you buy from us? In our online shop PELEK Distribution s.r.o. you can purchase the goods that we display and offer. If offered with the goods, you can also purchase a licence to use them.

2.4 Who is a consumer? A consumer is any natural person who, outside their business activities or outside the scope of their professional activities, enters into a purchase agreement with us or otherwise acts lawfully with us (hereinafter referred to as the "consumer"). The online shop is intended for consumers only. Sales to businesses are not possible.

2.5 Goods with digital content. For contracts for the supply of goods with digital content, these T&Cs apply accordingly unless otherwise stipulated. Digital content means data created and provided in digital form.

2.6 Goods with digital elements. For contracts for the supply of physical media that serve solely as carriers of digital content, these T&Cs apply accordingly unless otherwise stipulated. Digital content means data created and provided in digital form.

2.7 Take-back of electrical appliances. In accordance with the obligations laid down in Section 38 of Act No. 185/2001 Coll. on waste, as amended, we inform customers that old electrical appliances can be handed over free of charge for disposal at: Kirilovova 181, 739 21 Paskov, .

3. Notices to customers before concluding the purchase agreement

3.1 Seller's and supervisory authorities' powers. We are authorized to sell goods under a business license. Business activities are supervised within the scope of its powers by the relevant trade licensing authority. Personal data is supervised by the Data Protection Authority. The Czech Trade Inspection Authority also supervises, to the extent specified, compliance with Act No. 634/1992 Coll., the Consumer Protection Act.

3.2 Illustrative nature. 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 (e.g.

if you call us at our telephone number, you will pay only your standard telephone call charge).

3.4 Consumers have the right to withdraw from the purchase agreement without giving a reason within at least 14 days, starting no later than the day on which the goods are received (or, in the case of the last product, partial shipment, or final item when ordering multiple goods in one order, or when goods are delivered in several partial shipments or items). The seller may grant a longer period. To meet the deadline, it is sufficient to send a notice concerning the exercise of the right to withdraw from the agreement before the deadline expires.

3.5 Withdrawal form for the purchase agreement. To exercise your right to withdraw from the agreement, you must notify us unambiguously via email, telephone, address, or other means. You may use the attached sample withdrawal form for the purchase agreement, but you are not obliged to do so.

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

3.6.1 the supply of goods that have been modified and/or created at the customer’s request or for the customer;

3.6.2 the supply of goods whose price depends on fluctuations in the financial markets that are beyond our control and may occur during the withdrawal period for the sales contract;

3.6.3 the supply of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery;

3.6.4 the supply of goods in sealed packaging that the consumer has removed from the packaging and which are unsuitable for return for health protection or hygiene reasons after the consumer has unsealed them, which also applies to sound recordings and computer programs if the customer has broken their original packaging;

3.6.5 accommodation, transportation of goods, vehicle rental, catering or leisure services, where the contract specifies a particular date or period for their provision;

3.6.6 the delivery of newspapers, periodicals or magazines, except for subscription contracts for their delivery;

3.6.7 the provision of services once they have been fully performed; where payment is required, only if performance has begun with the consumer’s prior express consent before the expiry of the cancellation period and the business has informed the consumer before the conclusion of the contract that the right to withdraw from the contract will be lost upon provision of the service;

3.6.8 essential repairs or maintenance that must be carried out at the consumer’s express request; however, this does not apply to carrying out repairs other than those requested or supplying goods other than spare parts necessary to perform the repair or maintenance;

3.6.9 the delivery of digital content that is not supplied on a physical medium, where it has been supplied with your prior express consent before the expiry of the withdrawal period and we have informed you before the conclusion of the sales contract that, in such a case, you will not have the right to withdraw from the sales contract.

3.7 Value of 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 costs), the seller covers 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 additional costs if you chose a method of delivery other than the cheapest standard delivery offered by the seller) using the same payment method you used to make the payment, unless we agree otherwise, no later than 14 days from the time we receive the returned item or are provided with proof that it has been sent. You will not be charged for this refund. If we do not receive the goods back, we are entitled not to refund the purchase price.

3.9 Return address. The return label is usually available in the user account pelek-ee.com. If we have not provided a return label, use this address to send the goods: Kirilovova 181, 739 21 Paskov. Please also contact us by email at info@pelek.eu or by telephone at 601548120 to ensure your rights to return the goods and agree on an individual procedure.

3.10 Gift. If a gift is provided together with the goods, the gift agreement between us and the customer is concluded conditionally, so that if the customer or we withdraw from the purchase contract, the gift agreement becomes invalid with respect to such gift, and the customer is obliged to return the gift provided together with the goods.

4. Process of concluding purchase contracts

4.1 Creating an order. The customer can select one or more products by adding them to the virtual shopping cart, where the customer can view the selected products, change their quantity, or remove them from the cart. By clicking the “Checkout” button, the customer is asked to enter information concerning transport and the choice of payment method. Before completing the order, the customer has the opportunity to check and amend the data entered in the order, including the customer’s 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 T&Cs. By submitting the order, you confirm that you have read and agree to these T&Cs and our personal data processing policy.

4.3 Consent of the legal representative of 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. Before completing the order, the Customer is required to familiarize themselves with the product's characteristics, type, and recommended use. 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 is intended only to inform the Customer that the order has been received and is being processed, no later than within 2 business days of the Customer placing the order. The purchase contract is already concluded when the button “Order with obligation to pay” is clicked.

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

4.7 Obligations arising from the purchase contract. By concluding the purchase contract, we undertake to deliver the purchased goods to you 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 T&Cs and the withdrawal form for the purchase contract. The Customer receives a copy of the concluded purchase contract, i.e. the current text of these T&Cs. A Customer who is a consumer also receives the withdrawal form for the purchase contract within the statutory period.

5. Price of the goods 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 the price of the goods and any possible costs associated with delivery of the goods can also be found on the seller's description page. We reserve the right not to offer the customer a particular partial payment method in certain cases. The Customer has the following options:

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, which are available 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 price that is significantly below the market price is displayed, where a below-market price means a price lower than our purchase price, we reserve the right to remove this product from the purchase contract proposals submitted by you. You will be notified of this at your email address.

5.4 Invoice format. It has been agreed that invoices will be sent electronically to your email address.

5.5 Full payment of the purchase price. We reserve the right to retain title to the goods with respect to customers until the purchase price has been paid in full in accordance with the relevant sales contract.

6. Delivery of the goods and place of performance

6.1 Delivery of the goods. The goods will be delivered within the delivery time indicated for the type of goods. We undertake to always deliver the goods within 30 days at the latest. We will always notify you of any changes to the delivery time

We will always notify you of the delivery of the goods. In addition to the purchase price, you must pay us any costs associated with packing and delivering the goods to the agreed extent, as well as the fee for the selected payment method. Unless expressly stated otherwise, the purchase price is understood to include the costs associated with delivery of the goods. Before concluding the sales contract, you will be informed of the final price, including packing 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 Repeated delivery and related costs. If repeated delivery of the goods is required at your request, or delivery by a method other than that specified in the order, you must pay the costs associated with repeated delivery of the goods, i.e. the costs associated with another delivery method.

6.5 Receipt of the goods. Upon the customer’s receipt of the goods, the risk of damage to and accidental deterioration in quality of the goods passes to the customer. If the customer was to receive the goods from the carrier, the risk passes

The risk of accidental destruction and accidental deterioration in quality of the purchased goods passes to the customer when the customer is given the opportunity to handle the goods, but not before the specified delivery time.

6.6 Customer’s obligation upon receiving the goods. Upon receiving the goods, you must 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 the goods contain everything that should be included in their packaging according to the instructions). In the event of visible damage caused by the carrier, the customer is obliged not to accept such a 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 arise to the seller if the goods are not accepted. If the customer does not accept the goods from the carrier upon delivery, the goods are subsequently returned to the Seller, and the customer does not withdraw from the purchase agreement within 14 days after the unsuccessful delivery of the goods, the seller is entitled to claim from the customer the costs charged by the carrier for returning the goods to the seller. This cost constitutes damage incurred by the seller due to the customer's breach of statutory obligations.

7. Rights arising from defective performance

7.1 Defective performance. This section of the T&Cs applies to regulating the rights and obligations involved in 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 complain about defective goods. You must notify us of defects in the goods (submit a complaint) immediately after the defect becomes apparent. Otherwise, a court may not recognize your rights arising from defective performance. You have the right to report a defect that becomes apparent in consumer goods within 24 months from receipt of the goods. This does not apply to goods whose packaging, label, accompanying instructions, or advertising states, in accordance with other legislation, the period during which the goods may be used. The quality guarantee provisions (contractual warranty) apply in such cases.

7.3 What happens after 24 months have elapsed? After 24 months have elapsed, you can no longer submit claims regarding defects in the goods. Where applicable, this period is extended by the time during which you were unable to use the goods because they were subject to a justified complaint procedure. Although we always try to resolve complaints to your satisfaction, some goods must be handled in accordance with the instructions provided on the packaging/label/information leaflet; otherwise, they may be damaged.

7.4 Contractual warranty. If a voluntary contractual warranty longer than 24 months from receipt of the goods is guaranteed for the goods concerned, you may submit claims regarding defects in the goods during that period. The period is extended by the time during which you were unable to use the goods because they were subject to a justified complaint procedure.

7.5 Presumption that the goods are defective. If a defect becomes apparent within 12 months after receipt of the goods, it is presumed that the goods were already defective at the time of receipt, unless we prove otherwise.

7.6 Which 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 when received and a discount from the sale price was agreed for such defect,

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

7.6.3 was caused by you and arose due to improper storage, improper maintenance, your intervention or mechanical damage , all under conditions that do not comply with the temperature, dust, humidity or other environmental conditions specified directly by us or the manufacturer (usually on the product information sheet / label), or required by law,

7.6.4 the goods were modified by the customer and the defect arose as a result of that modification,

7.6.5 use of the goods in conditions that do not comply with the temperature, dust, humidity, chemical and mechanical environmental conditions specified directly by the seller or manufacturer, or required by law,

7.6.6 the defect arose due to an external event beyond our control (e.g. a natural disaster).

7.7 What must I do to report a defect in the goods? To exercise your rights regarding defects, contact us through the pelek-ee.com user account, based on which we will contact you and agree on the next steps. You may also contact us directly at our email address.

7.8 Acknowledgement of receipt of a complaint. After you send your complaint notice, we will contact you within 2 business days. The complaint is considered submitted when we receive the complaint details from you.

7.9 Returning the advertised goods to the seller. The goods must be returned complete and undamaged (except for the reported defect), ideally in their original undamaged packaging, so that we can follow proper hygiene practices. We will accept the goods at our own expense to remedy the defect. We will contact you to agree on the next steps.

7.10 Acknowledgement. After receiving the goods for which the complaint was submitted, we will send an acknowledgement of receipt of the complaint and its contents to the email address you provided.

8. Methods of resolving and concluding a complaint

8.1 What affects my options. You have the right to request removal of the defect that has occurred. At your discretion, you may choose:

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

8.1.3 delivery of missing parts.

This should not be an unreasonable request for you. If repairing the item would constitute a significant burden for us or would be an unreasonable request considering the item's value and the significance of the defect, we will inform you. We will act likewise if we assess your request for delivery of a new item as unreasonable in relation to the defect or value of the goods.

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

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 is not possible when 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 or have not remedied it within a reasonable period;

8.3.2 it is clear from our statement or other circumstances that the defect will not be remedied within a reasonable period or without significant inconvenience to 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 can you request a reasonable reduction in the purchase price of the goods? In some situations, you may request a reasonable reduction in the purchase price of the goods. This is not possible when the defect in the goods is insignificant. What are the situations in which you can request a reasonable reduction in the purchase price of the goods?

8.4.1 we refuse to remedy the defect or have not remedied it within a reasonable period;

8.4.2 it is clear from our statement or other circumstances that the defect will not be remedied within a reasonable period or without significant inconvenience to 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 inform us how you wish to resolve the claim. You are obliged to inform us which right you have chosen regarding the remedy for the defect, either when reporting the defect or immediately afterwards. The choice made cannot be changed without our consent; this does not apply if you request repair of the defect and the repair proves impossible.

8.6 Returning the originally delivered goods. When making a claim, if new goods are delivered, you are obliged to return the goods originally delivered to us (unless we agree otherwise). The customer cannot demand delivery of new goods (or 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 during the identification of the defect. The same applies if, through no fault of your own, it is not possible to return the goods in their original condition.

8.7 When is the complaint procedure concluded? The complaint procedure is concluded within 3 weeks of exercising the right to claim a defect, unless we agree otherwise.

8.8 Closing a complaint. If the goods subject to the complaint were sent to us for complaint handling via a carrier, they will automatically be sent to your address after the complaint has been resolved, together with confirmation of the date and method of resolution, including confirmation of any repair and the duration of the complaint procedure, and, where applicable, the reasons for rejecting the complaint.

8.9 Obligation to inspect the goods when submitting a complaint. When submitting a complaint, you are also required to check that the goods concerned are complete, in particular that the shipment contains everything it should. Later objections will not be taken into account.

9. Personal data protection

9.1 Personal data processing principles. More information about which personal data we process, how, for what purposes and for how long they are processed can be found in our personal data processing principles.

10. Force majeure

10.1 What constitutes force majeure. For the purposes of these Terms and Conditions, force majeure means any obstacle arising independently of our will that prevents us from fulfilling our obligations, provided that it cannot reasonably be expected that we can eliminate, overcome or foresee the obstacle or its consequences. Consequences that exclude

liability is limited solely to the period during which the obstacle and the related consequences persist.

11. Alternative dispute resolution

11.1 Alternative dispute resolution. For out-of-court resolution of consumer disputes arising from the purchase agreement, the competent authority is the Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, registration number: 000 20 869, website: https://adr.coi.cz/cs. The online platform for consumer dispute resolution, available at https://ec.europa.eu/consumers/odr , can be used to resolve disputes between the seller and the customer arising from the purchase agreement.

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 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 (Online Dispute Resolution Regulation).

11.3 Complaints. Before initiating out-of-court dispute resolution, we recommend contacting us at info@pelek.eu. We always try to resolve any dispute that has arisen amicably first. Your complaints

will be handled within no later than 2 business days (48 hours; this period may be extended due to weekends and public holidays customary in the Czech Republic).

12. Final provision, including applicable law and determination of jurisdiction

12.1 Obligation to respect consumer rights. If these GTC provisions conflict with consumer protection legislation, the law shall always 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, 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 one provision shall not affect the validity of the other provisions.

12.3 Applicable law. Where an international element exists, we agree that our legal relationship shall be governed by the laws of the Czech Republic, excluding all conflict-of-law provisions that refer to another legal system. This choice of law may not deprive consumers of the protection afforded to them by the laws of their habitual residence. The contracting parties agree to exclude the United Nations Convention on Contracts for the International Sale of Goods. Pursuant to Article 6(2) of the Rome I Regulation, mandatory provisions that would apply in the absence of this clause shall always apply.

12.4 Disputes and determination of jurisdiction. The contracting parties agree that, for resolving any disputes arising from a purchase agreement containing an international element, the courts having jurisdiction shall always be those at our registered office. This does not affect consumers’ rights under special laws.

12.5 When we agree on different terms for concluding purchase agreements. The provisions of the GTC form an integral part of the purchase agreements. Provisions differing from the GTC may be agreed in the purchase agreement. Any different agreements in the purchase agreement take precedence over the provisions of the GTC.

12.6 Requirement to read the GTC to conclude purchase agreements. These GTC are voluntary, but unfortunately, reading them is necessary to conclude purchase agreements.

12.7 Validity of the GTC. The GTC are valid from 01.01.2024 and supersede the previous terms and conditions