SELLER GENERAL CONDITIONS / TERMS AND CONDITIONS
SALES FOR B2C
General conditions of sale
Principal Elektrik sro for the sale of goods via
the online store located at pelek.eu under the name Principal Elektrik sro
Content
1. Contact details
1.1 Online store operator:
Principal Elektrik sro
Head office: Osadní 869/32, 17000
Prague, Czech Republic
Identification number: 03402614
VAT number: CZ03402614
Authorized representative: Sergii Kryvulia
Registration court / commercial register: Municipal Court of Prague Registration number: 231166
Address of the establishment: Peteřska nam
2, 11000 Prague,
(hereinafter “ seller ” or “ we ”)
Phone: +420774242766
Email: shop@pelek.eu
Customer Service: For our customers, we provide customer support at the above-mentioned phone number and email during business days from 9:00 AM to 5:00 PM.
2. Basic terms
2.1 These general terms and conditions of sale (hereinafter " GTC ") of the seller govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a sales contract (hereinafter " sales contract ").
concluded between us and consumers or entrepreneurs (hereinafter “ customer ” or “ you ”) via Principal Elektrik sro on pelek.eu.
2.2 Online Store. The Seller's online store (hereinafter " Online Store ") is operated on the website pelek.eu Principal Elektrik sro
2.3 What can you buy from us? In our online shop Principal Elektrik
sro , you can purchase goods that we exhibit and offer. If a product is offered, a license for use is also included.
2.4 Who is considered a consumer? A consumer is any natural person who, outside of their commercial or independent exercise of their profession, enters into a sales contract with us or otherwise legally acts with us (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. For contracts for the supply of products with digital content, these General Terms and Conditions apply as appropriate, unless otherwise stated. Digital content means data created and supplied in digital form.
2.6 Products with digital elements. For contracts for the supply of physical data carriers that serve exclusively as carriers for digital content, these GTC apply appropriately, unless otherwise stated.
Digital content means data created and provided in digital form.
2.7 Return of household appliances. With regard to the obligations imposed by Article 38 of Law 185/2001 on waste, as amended, we inform customers that old household appliances can be handed over free of charge for disposal at the following address: Kirilovova
181, 739 21 Paskov, .
3. Information to customers before the conclusion of the sales contract
3.1 Seller's Authorization and Supervisory Bodies. We are authorized to sell goods on the basis of a trade license. Trade control is carried out by the competent trade authority within the scope of its competence. Personal data control is carried out by the Office for Personal Data Protection. The Czech Trade Inspectorate exercises, to the defined extent, supervision over compliance with Act No. 634/1992 on Consumer Protection.
3.2 Illustrative nature. The photographs you see on our website are for illustrative purposes only.
3.3 Additional costs. We do not charge any additional costs for telecommunications (for example, if you call us at our telephone number, you will only pay your usual rate for the telephone call).
3.4 Consumers have the right to withdraw from the sales contract without giving reasons, at least within a period of 14 days, which begins at the latest on the day of receipt of the goods (or the last product, partial delivery or last item in the case of a contract for several items in the same 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 a notification concerning the exercise of the right of withdrawal before the expiry of this period.
3.5 Sales contract withdrawal form. To exercise your right of withdrawal, you must do so clearly, by email, telephone or address, or by any other means. For this purpose, you can use the attached model sales contract withdrawal form, but this is not an obligation.
3.6 When you are not able to withdraw from the sales contract. The customer is not entitled to withdraw from the following contracts:
3.6.1 concerning the supply of goods which have been modified and/or created at the request of the customer or for his person ;
3.6.2 concerning the supply of goods whose price depends on fluctuations in the financial markets beyond our control, which may occur during the withdrawal period of the sales contract;
3.6.3 concerning the supply of goods subject to rapid deterioration , as well as goods which have been irreversibly mixed with other goods after delivery ;
3.6.4 regarding the supply of goods in sealed packaging , which the consumer has removed from the packaging and for reasons of health or hygiene, it is not appropriate to return them after the consumer has violated it, which also applies to audio or video recordings and computer programs , if the consumer has violated their original packaging;
3.6.5 concerning accommodation, transport of goods, rental of means of transport, catering or use of leisure activities, if this is to be performed according to the contract on a specific date or within a specific period;
3.6.6 concerning the supply of newspapers, periodicals or magazines, except subscription contracts for their delivery;
3.6.7 concerning the provision of services, if these have been provided in full; in the case of performance against payment, only if this has begun with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur has informed the consumer before the conclusion of the contract that the provision of the performance terminates the right to withdraw from the contract;
3.6.8 concerning urgent repair or maintenance, which must be carried out at the place designated by the consumer at his express request; this does not apply to the performance of repairs other than those requested or to the supply of goods other than spare parts necessary to carry out the repair or maintenance;
3.6.9 regarding the supply of digital content , if it has not been supplied on a tangible medium and has been supplied with your prior express consent before the expiry of the withdrawal period from the sales contract and we have informed you before the conclusion of the sales contract that in this case you do not have the right to withdraw from the sales contract.
3.7 Value of returned goods and costs associated with returning the goods. The direct costs of returning the goods are your responsibility. If the value of the returned goods exceeds CZK 990 (CZK 990.01 excluding shipping costs), the return costs are the responsibility of the seller.
3.8 Refund of the purchase price. If you withdraw from the sales contract within the withdrawal period, we are obliged to refund the purchase price (with the exception of additional costs if you have chosen a delivery method other than the cheapest standard delivery method offered by the seller), using the same means of payment as when purchasing, unless otherwise agreed, at the latest within 14 days from the time we receive the returned item or we are reliably proven to have shipped it. You will not be charged any fees for this refund. If we do not receive the returned goods, we have the right not to refund you the purchase price.
3.9 Address for sending returned goods. The return label is usually available in the user account on pelek.eu. If we have not provided a label for returning goods, please use this address to send the goods: Kirilovova 181, 739 21 Paskov, . Alternatively, please contact us by email at shop@pelek.eu
or by phone at 601548120, in order to guarantee your return rights and agree on an individual procedure.
3.10 Gift. If a gift is provided to the customer with the goods, the gift contract between us and the customer is concluded with a suspensive condition that if either the customer or we withdraw from the sales contract, the gift contract regarding that gift becomes ineffective and the customer is obliged to return the gift provided with the goods to us.
4. Process of concluding the sales contract
4.1 Order Creation. The Customer can select one or more products by adding them to their virtual shopping cart, where they can view the selected products, change their quantity, or remove them from the cart. By clicking the "Checkout" button, the Customer is prompted to enter delivery information and select a payment method. Before finalizing the order, the Customer can review and modify the information they entered in the order, as well as the customer data. By clicking the " Order binding on payment " button, the order process is completed and the sales contract is concluded.
4.2 Acceptance of the T&Cs. By submitting the order, you confirm that you have read and accept these T&Cs 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 himself with the characteristics, type and recommended mode of use of the Goods before finalizing the order. By placing the order, the Customer confirms that he has read and understood this information.
4.5 Order Confirmation. The Seller confirms receipt of the Customer's order by sending an order confirmation by email to the Customer. This order confirmation serves only to inform the Customer that the order has been received and will be processed, at the latest within 2 working days of the Customer placing the order. The sales contract is already concluded when you press the " Order binding on payment " button.
4.6 Contractual language. The contractual language is Czech.
4.7 Obligations arising from the sales contract. By entering into the sales contract, we undertake to hand over the purchased goods to you and to allow you to acquire title to the goods. By entering into the sales contract, you undertake to take possession of the goods and to pay us the price of the goods.
4.8 Copy of the General Terms and Conditions and withdrawal form for the sales contract. The customer will receive a copy of the concluded sales contract, i.e. the current version of these General Terms and Conditions. The consumer customer will also receive a withdrawal form for the sales contract within the statutory period.
5. Price of goods and methods of payment
5.1 Prices. All prices of goods are indicated in Czech crowns (CZK) and include VAT.
5.2 Payment options. The methods of payment for the price of the goods and any costs associated with the delivery of the goods can also be found on the seller's description page. We reserve the right not to offer the customer a partial payment method in a particular case. The customer has the option:
5.2.1 PayPal (The customer is redirected to PayPal, where he will pay the purchase price from his PayPal account and 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 price of goods. In the event of an unrealistic price of 0 CZK or a very unmarketable price being displayed, when the unmarketable price is considered a price lower than our purchase price, we reserve the right to remove this item from your offer to conclude a sales contract. You will be informed of this by e-mail.
5.4 Form of the invoice. We agree that invoices will be sent electronically, to your email.
5.5 Full payment of the purchase price. We reserve the right to retain ownership of the goods until full payment of the purchase price in accordance with the relevant sales contract.
6. Delivery of goods and place of performance
6.1 Delivery of Goods. The goods will be delivered within the delivery time specified for the type of goods concerned. We always undertake to deliver the goods within 30 days at the latest. We will always inform you of any changes to the delivery time.
Along with the purchase price, you are also obliged to pay us any costs associated with the packaging and delivery of the goods in the agreed amount, as well as the surcharge for the chosen payment method. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods. Before concluding the sales contract, you will be informed of the final price including packaging and transport costs.
6.2 Delivery address. The goods are delivered to the address indicated by the customer in the order.
6.3 Mode of transport. The customer may choose the mode of transport of the goods to any address indicated in the order.
6.4 Repeat Delivery and Associated Costs.
In the event that, for reasons on your part, it is necessary to deliver the goods more than once or in a manner different from that indicated in the order, you are required to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.
6.5 Receipt of Goods. Upon receipt of the goods by the customer, the risk of damage and accidental deterioration in the quality of the purchased goods passes to the customer. If the customer were to receive the goods from the carrier, the risk of accidental destruction and accidental deterioration in the quality of the purchased goods passes to the customer at the time he has been authorized to dispose of the goods, but not before the specified delivery time.
6.6 Customer's Obligation Upon Receipt of Goods. Upon receipt of goods, you are obliged to check them and ensure their characteristics (in particular, whether you have received the correct type of goods, whether the goods have the agreed quality, whether the goods in their packaging contain everything they should contain according to the instructions). In the event of visible damage to the shipment by the carrier, the customer is obliged not to accept this shipment at all. We are not liable for damage caused by the carrier, nor for delays in delivery of the goods, regardless of whether the delay is caused for any reason.
6.7 Damages that may occur to the seller in the event of non-acceptance of the goods. If the consumer customer does not take possession of the goods upon delivery by the carrier, the goods are then returned to the seller and if the consumer customer does not withdraw from the sales 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 the delivery of the goods to the seller. This cost represents damages for the seller resulting from the breach of the customer's legal obligations.
7. Rights in the event of non-conformity
7.1 Lack of conformity. This part of the GTC applies to the regulation of rights and obligations when exercising rights in the event of a lack of conformity in the sale of goods between us as the seller and the customer as the buyer.
7.2 When to claim defective goods. You must notify us (claim) of defects in the goods without delay after they appear. Otherwise, the court will not recognize your right in the event of a lack of conformity. You have the right to report a defect that occurs in consumer goods within 24 months of receipt of these goods.
This does not apply to goods for which the period of use is indicated on the packaging, label, in the instructions for use enclosed with the goods or in advertising in accordance with other regulations. The provisions relating to the quality guarantee (contractual guarantee) apply here.
7.3 What happens after the 24-month period has expired? After the 24-month period has expired, it is no longer possible to report defects in the goods. If this is possible for the goods concerned, this period is extended for the period during which you were unable to use the goods, as they were in the process of a legitimate claim. Although we always try to resolve complaints to your satisfaction, some goods must be handled according to the instructions on the packaging/label/in the information provided - otherwise, they will be damaged.
7.4 Contractual guarantee. If a voluntary contractual guarantee longer than 24 months from receipt of the goods has been guaranteed for the goods in question, you may report defects in the goods during this period. The term is extended for the period during which you were unable to use the goods because they were in the process of a legitimate claim.
7.5 Presumption that the goods are defective. If a defect becomes apparent within 12 months of receipt of the goods, the goods are deemed defective upon receipt, unless we prove otherwise.
7.6 For which defects are we not liable? We are not liable for defects in these cases: 7.6.1 if the defect was on the goods at the time of receipt and a reduction of the purchase price has been agreed for this defect,
7.6.2 the defect arose in the goods through wear and tear due to normal use, or arises from the nature of the goods,
7.6.3 is caused by you and has occurred through improper storage , improper maintenance, your intervention or mechanical damage , all of this under conditions that do not correspond to their temperature, dust, humidity, other environmental influences and is thus directly determined by us or the manufacturer (usually on the information leaflet / label of the goods), or arises from legal regulations,
7.6.4 goods which have been modified by the customer and if a defect has arisen as a result of this modification,
7.6.5 the use of the goods in conditions that do not correspond to their temperature, dust, humidity, chemical and mechanical environmental influences, which are directly determined by the seller or the manufacturer, or arise from legal regulations,
7.6.6 the defect occurred as a result of an external event beyond our control (for example, a natural event).
7.7 What should I do to claim a defect in the goods? To claim your rights in the event of a defect in the goods, contact us via your user account on pelek.eu. We will then contact you and agree on a further procedure. Alternatively, please contact us directly at our email address.
7.8 Confirmation of receipt of the complaint. After sending a message regarding the exercise of your right to complaint, we will contact you within 2 working days.
The time of exercising the claim is considered to be the time when we receive information about exercising the claim for the goods from you.
7.9 Return of claimed goods to the seller. Goods must be returned complete, undamaged (except for the claimed defect), ideally in their original, undamaged packaging so that we can comply with the principles of good hygiene practice. To remedy the defect, we will collect the goods at our expense.
We will contact you to arrange further procedure.
7.10 Confirmation. After receipt of the claimed goods, a confirmation of receipt of the claim and its contents will be sent to the email address you provided.
8. Methods of processing and closing the complaint
8.1 What will influence my options. You will have the right to request the elimination of the defect that has occurred .
Depending on your choice, you can choose:
8.1.1 repair
of the thing; 8.1.2 the 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 present us with considerable difficulty or if it is not a reasonable request given the value of the item and the extent of the defect, we will inform you. We will do the same if we assess your request for delivery of a new item as unreasonable in relation to the defect in the goods or the value of the goods.
8.2 If this constitutes a material breach of the sales contract. If the defect constitutes a material breach of the sales contract, you will have the right to withdraw from the sales 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 certain situations, it will be possible to withdraw from the sales contract and request a refund of the purchase price. This will not be possible if the defect in the goods is not significant. The following situations can be used to withdraw from the sales contract and request a refund of the purchase price:
8.3.1 we refuse to eliminate the defect in the goods
or we have not repaired this defect within a reasonable time;
8.3.2 from our statement or other circumstance, it will be evident that the defect will not be eliminated within a reasonable time or without great difficulty for the buyer;
8.3.3 the defect in the goods becomes apparent
repeatedly; or
8.3.4 it is a material breach
of the sales contract.
8.4 When will it also be possible to request a reasonable reduction in the purchase price of the goods? In certain situations, you may also be able to request a reasonable reduction in the purchase price. This will not be possible if the defect in the goods is not significant.
Here are the situations in which you can request a reasonable reduction in the purchase price:
8.4.1 we refuse to eliminate the defect in the goods
or we have not repaired this defect within a reasonable time;
8.4.2 from our statement or other circumstance, it will be evident that the defect will not be eliminated within a reasonable time or without great difficulty for the buyer;
8.4.3 the defect in the goods becomes apparent
repeatedly; or
8.4.4 it is a material breach
of the sales contract.
8.5 You inform us of how you wish to handle the complaint. You are obliged to inform us of the right you have chosen in the event of a lack of conformity, when notifying us of the defect or without delay after notification of the defect. You cannot change the choice made without our consent; this does not apply if you request the remedying of a defect that proves irreparable.
8.6 Return of original goods. When processing a complaint by delivering new goods, you are obliged to return the originally delivered goods to us (unless otherwise agreed). The delivery of new goods cannot be requested by the customer (nor can he withdraw from the sales contract) if he cannot return the goods in the condition in which he received them. This does not apply if you have used the goods before discovering the defect or if the condition has changed upon detection of the defect. Furthermore, in the event that, through no fault of your own, it is not possible to return the goods in their original condition.
8.7 When will the complaints process be closed? The complaints process is closed within 3 weeks of exercising the right in the event of default , unless otherwise agreed.
8.8 Closing the claim. If the claimed goods were sent to us for claim by the carrier, they will be automatically returned to your address after processing, with confirmation of the date and method of processing the claim, including confirmation of the correction made and the duration of the claim, or possibly a justification for the refusal of the claim.
8.9 Obligation upon receipt of claimed goods.
You are also obliged to check the completeness of the claimed goods upon receipt, in particular that the shipment contains everything it should contain. Subsequent objections will not be taken into account.
9. Protection of personal data
9.1 Personal Data Processing Policy. For more information on what personal data we process, how, for what purpose and for how long it is processed, please consult our Personal Data Processing Policy.
10. Force majeure
10.1 What is force majeure? For the purposes of these T&Cs, force majeure is considered to be any obstacle that arises beyond our control and prevents us from fulfilling our obligation, if it is not reasonably foreseeable that we could avoid, overcome or foresee this obstacle or its consequences. The exonerating effects of liability are limited only to the duration during which the obstacle, with which these effects are linked, persists.
11. Alternative Dispute Resolution
11.1 Out-of-court dispute resolution. The Czech Trade Inspectorate, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, is competent for the out-of-court resolution of consumer disputes arising from the sales contract.
Internet address: https://adr.coi.cz/cs . The online dispute resolution platform located at the Internet address https://ec.europa.eu/consumers/odr
can be used to resolve disputes between the seller and the customer arising from the sales contract.
11.2 European Consumer Centre in the Czech Republic. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://evropskyspotrebitel.cz
is the point of contact in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online resolution of consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on the online resolution of consumer disputes).
11.3 Complaints. Before starting out-of-court dispute resolution, we recommend that you contact us at our email address shop@pelek.eu . We always try to resolve the dispute amicably first. Your complaints will be processed no later than 2 working days (48 hours, this period may be extended by rest days and public holidays common in the Czech Republic).
12. Final Part, including Applicable Law and Jurisdiction
12.1 Commitment to respect consumer rights. If any provision of these T&Cs conflicts with statutory consumer protection regulations, the law shall prevail and we undertake to comply with it.
12.2 Invalid or ineffective provisions of the T&Cs. If any provision of the T&Cs is or becomes invalid or ineffective, then instead of the invalid provisions, provisions whose meaning most closely matches the invalid provision shall come into force. The invalidity or ineffectiveness of a provision shall not affect the validity of the other provisions.
12.3 Legal system. In the event of an international element, we agree that our legal relationship will be governed by the legal system of the Czech Republic, excluding all provisions of conflict of law standards that refer to another legal system. However, this choice of law shall not deprive the consumer user of the protection afforded to him by the provisions of the legal system of the country of his habitual residence. The contracting parties agree to expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
In accordance with Article 6(2) of the Rome I Regulation, mandatory provisions of law which would be applicable without this clause still apply.
12.4 Disputes and Jurisdiction. The contracting parties further agree that to resolve any disputes arising from the sales contract, where an international element is present, the courts according to the location of our registered office will always have jurisdiction. This does not affect the rights of consumers according to special legal regulations.
12.5 If we agree on different conditions for the conclusion of the sales contract. The provisions of the General Terms and Conditions are an integral part of the sales contract. Provisions deviating from the General Terms and Conditions may be agreed in the sales contract. The deviating provisions in the sales contract take precedence over the provisions of the General Terms and Conditions.
12.6 Necessity of reading the General Terms and Conditions to conclude the sales contract. Reading these General Terms and Conditions is voluntary, but unfortunately, it is not possible to conclude the sales contract without reading them.
12.7 Validity of the T&Cs . These T&Cs are valid from 01.01.2024 and cancel the validity of the previous commercial conditions.