General terms and conditions of sale

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

Contact details
Basic terms
Information for customers before concluding the sales contract
Process of concluding the sales contract
Goods prices and payment methods
Delivery of goods and place of performance
Rights arising from defective performance
Complaint handling and resolution procedures
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, Czech Republic

SIRET: 26719941

VAT ID: CZ26719941

Authorized representative: Sergii Kryvulia

Registration court / commercial register: Prague Municipal Court Registration number: 231166

Business address: Peteřska nam 2, 11000 Prague,

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

Telephone: +420 705 724 353

Email: info@pelek.fr

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

2. Basic terms

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 contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the " purchase agreement ")

concluded between us and consumers or entrepreneurs (hereinafter referred to as the " customer " or " you ") through PELEK Distribution s.r.o. on pelek.fr.

2.2 Online store. The seller's online store (hereinafter referred to as the " online store ") is operated on the website pelek.fr 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 the products we display and offer. If a license to use the product is offered with it, it is also included.

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 deals with us legally (hereinafter referred to as the « consumer »). The online shop is intended exclusively 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 Terms and Conditions apply accordingly 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 of digital content, these Terms and Conditions apply accordingly unless otherwise stated. Digital content means data created and supplied in digital form.

2.7 Return of household appliances. Due to the obligations imposed by Section 38 of Act No. 185/2001 Coll., on waste, as amended, we inform customers that old household appliances may be handed over free of charge for disposal at the address: Kirilovova 181, 739 21 Paskov, .

3. Information for customers before concluding the purchase contract

3.1 Authorisation of the seller and supervisory authorities. We are authorised to sell goods on the basis of a trade licence. Trade supervision is carried out by the competent trade authority within the scope of its jurisdiction. Personal data supervision is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to the extent defined, supervises, among other things, compliance with Act No. 634/1992 Coll., 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 services (for example.

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

3.4 Consumers have the right to withdraw from the purchase contract without giving any reasons, for at least 14 days, starting no later than on the day the goods are received (or the last product, partial delivery or last item in the case of a contract covering several items in a single order, or the delivery of goods in several partial deliveries or items). The seller may provide a longer period. To comply with the deadline, it is sufficient to send notification of exercising the right of withdrawal before the expiry of this period.

3.5 Withdrawal form for the purchase contract. To exercise your right of withdrawal, you must do so clearly, by email, telephone or address, or by any other means. You may use the standard withdrawal form attached, but this is not mandatory.

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

3.6.1 concerning the delivery of goods that have been modified and/or created at the customer's request or for the customer;

3.6.2 concerning the delivery of goods whose price depends on fluctuations in financial markets beyond our control, which may occur during the withdrawal period for the purchase contract;

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

3.6.4 concerning the delivery of goods in a sealed package, which the consumer has removed from the packaging and which is not suitable for return for reasons of health or hygiene after the consumer has broken the seal, which also applies to audio or video recordings and computer programs, if the customer has broken their original packaging;

3.6.5 concerning accommodation, transport of goods, rental of means of transport, catering or the use of leisure activities, if this is to be performed under the contract on a specific date or within a specified period;

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

3.6.7 concerning the provision of services, if they have been provided in full; in the case of performance for consideration, only if it 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 ends the right to withdraw from the contract;

3.6.8 concerning urgent repairs or maintenance to be carried out at the location designated by the consumer at their express request; however, this does not apply to the performance of other repairs not requested or to the delivery of goods other than spare parts necessary to perform the repair or maintenance;

3.6.9 concerning the delivery of digital content, if it has not been delivered on a tangible medium and was provided 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 this case you do not have the right to withdraw from the purchase contract.

3.7 Value of returned goods and costs associated with returning the goods. You are responsible for the direct costs of returning the goods. If the value of the returned goods exceeds EUR 40 (EUR 40.01 excluding shipping costs), the seller bears the return costs.

3.8 Refund of the purchase price. In the event of withdrawal from the purchase contract within the withdrawal period, we are obliged to refund the purchase price (excluding additional costs if you chose a delivery method other than the cheapest standard delivery method offered by the seller), using the same payment method as that used to receive the funds, unless otherwise agreed, no later than 14 days after we receive the returned item or reliable proof that it has been shipped. You will not be charged any fees for this refund. If we do not receive the returned goods, we are entitled not to refund the purchase price.

3.9 Address for sending returned goods. The return label is generally available in the user account on pelek.fr. If we have not provided a label for returning the goods, please use this address to send the goods: Kirilovova 181, 739 21 Paskov, . Otherwise, please contact us by email at info@pelek.fr or by telephone at 601548120 to ensure your return rights and agree on an individual procedure.

3.10 Gift. If a gift is provided to the customer with the goods, the donation contract between us and the customer is concluded subject to a condition subsequent, namely that if the customer or we withdraw from the purchase contract, the donation contract concerning this gift ceases to be effective and the customer is required to return to us the gift provided with the goods.

4. Process of concluding the purchase contract

4.1 Creating the order. The customer can select one or more goods by adding them to their virtual shopping cart, where they can view the selected goods, modify their quantities, or remove them from the cart. By clicking the « Checkout » button, the customer is prompted to enter delivery information and choose a payment method. Before finalizing the order, the customer has the opportunity to check and modify the information entered in the order, as well as the customer data. By clicking the « Order with obligation to pay » button, the ordering process is finalized and the purchase contract is concluded.

4.2 Acceptance of the GTC. By submitting the order, you confirm that you have read and accept these GTC and our personal data processing policies.

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

4.4 Characteristics of the goods. The customer is required to familiarize themselves with the characteristics, type, and recommended method of use of the goods before finalizing the order. By placing the order, the customer confirms that they have 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. This order confirmation serves solely to inform the customer that the order has been received and will be processed no later than 2 business days after the customer places the order. The purchase contract is already concluded when the « Order with obligation to pay » button is pressed.

4.6 Contract language. The contract language is French.

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 take possession of the goods and pay us the price of the goods.

4.8 Copy of the General Terms and Conditions and the withdrawal form for the purchase contract. The customer will receive a copy of the concluded purchase contract, i.e. the current version of these General Terms and Conditions. The consumer customer will also receive the withdrawal form for the purchase contract within the statutory period.

5. Prices of the goods and payment methods

5.1 Price. All prices of the goods are stated in euros (EUR) and include VAT.

5.2 Payment options. The payment methods for the price of the goods and any 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 partial payment method in every case. The customer has the option to:

5.2.1 PayPal (The customer is redirected to PayPal, where they pay the purchase price from their PayPal account and in accordance with PayPal's terms of use, available at https://www.paypal.com)

5.2.2 Payment by card

5.2.3 Payment by bank transfer or instant bank transfer

5.2.4 Apple Pay, Google Pay

5.3 Unrealistic price of the goods. If an unrealistic price of EUR 0 or a highly non-market price is displayed, where a non-market price is considered to be a price below our purchase price, we reserve the right to remove this item from your offer to conclude a purchase contract. You will be informed of this by email.

5.4 Form of the invoice. We agree that invoices will be sent electronically to your email address.

5.5 Full payment of the purchase price. We retain title to the goods until the purchase price has been paid in full in accordance with the applicable purchase contract.

6. Delivery of the goods and place of performance

6.1 Delivery of the goods. The goods will be delivered within the delivery period specified for the type of goods concerned. We always undertake to deliver no later than within 30 days. You will be informed of any change in the delivery period

we will always inform you of the delivery. In addition to the purchase price, you are also required to pay us any costs associated with packaging and delivery of the goods in the agreed amount, as well as an additional charge 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 transport costs.

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

6.3 Mode of transport. The customer may choose the mode of transport for the goods to any address specified in the order.

6.4 Repeated delivery and associated costs. If, for reasons attributable to you, 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 the repeated delivery of the goods or the costs associated with the alternative delivery method.

6.5 Receipt of the 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 is to receive the goods from the carrier, this passes

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

6.6 Customer's obligation upon receipt of the goods. Upon receiving the goods, you are required to inspect them and verify their characteristics (in particular, whether you received the correct type of goods, whether the goods are of the agreed quality, and whether the goods in their packaging contain everything they should contain according to the instructions for use). In the event of visible damage to the shipment caused by the carrier, the customer is required not to accept the shipment from the carrier. We are not liable for damage caused by the carrier or for delays in delivery of the goods, regardless of the reason for the delay.

6.7 Damage that may occur to the seller if the goods are not accepted. If the consumer customer does not take delivery of the goods when they are delivered by the carrier, the goods are subsequently returned to the Seller, and if the consumer customer does not withdraw from the purchase contract within 14 days after the unsuccessful delivery of the goods, the seller is entitled to request reimbursement from the customer for the costs charged by the carrier for returning the goods to the seller. This cost constitutes damage to the seller resulting from the customer's breach of their legal obligations.

7. Rights related to defective performance

7.1 Defective performance. This section of the Terms and Conditions applies to the regulation of rights and obligations when exercising rights related to defective performance in the sale of goods between us as the seller and the customer as the buyer.

7.2 When to report a defective product. You are required to notify us (to file a claim) without delay after the defect appears. Otherwise, the court will not recognize your right to claim defective performance. You have the right to report a defect that occurs in a consumer product within 24 months of receipt of that product. This does not apply to products for which a period of use is indicated on the packaging, label, in the instructions for use accompanying the product, or in advertising in accordance with other regulations. The provisions concerning the quality warranty (contractual warranty) apply here.

7.3 What happens after 24 months? After the expiry of 24 months, it is no longer possible to report defects in the product. If possible for the product in question, this period is extended by the time during which you were unable to use the product because it was undergoing a legitimate claims process. Although we strive to process claims to your satisfaction, certain products must be handled in accordance with the instructions on the packaging/label/information leaflet – otherwise, they will be damaged.

7.4 Contractual warranty. If a voluntary contractual warranty has been provided for the product in question for more than 24 months from receipt of the product, you may report defects in the product during this period. The period is extended by the time during which you were unable to use the product because it was undergoing a legitimate claims process.

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

7.6 For which defects are we not liable? We are not liable for defects in the following cases: 7.6.1 if the defect in the goods was present at the time of receipt and a reduction in the purchase price was agreed for that defect,

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

7.6.3 is caused by you and occurred due to improper storage, improper maintenance, your intervention, or mechanical damage, all under conditions that do not correspond to their temperature, dust, humidity, or other environmental influences and are thus directly specified by us or the manufacturer (generally in the instructions for use / on the goods label), or arise from legislation,

7.6.4 the goods have been modified by the customer and a defect occurred as a result of this modification,

7.6.5 when using the goods under conditions that do not correspond to their temperature, dust, humidity, or chemical and mechanical environmental influences, which are directly specified by the seller or manufacturer or arise from legislation,

7.6.6 the defect occurred due to an external event beyond our control (for example, a natural event).

7.7 What should I do to claim a defect in the goods? To exercise your rights concerning defects in the goods, please contact us through your user account on pelek.fr. We will then contact you and agree on the next steps. You can also contact us directly at our email address.

7.8 Confirmation of receipt of the claim. After you send the message concerning the exercise of your right to make a claim, we will contact you within 2 business days. The time at which the claim is made is considered to be the time when we receive the information concerning the claim regarding the goods.

7.9 Return of the claimed goods to the seller. The goods must be returned complete and undamaged (except for the claimed defect), ideally in their original undamaged packaging so that we can comply with good hygiene practices. We will cover the costs of returning the goods to remedy the defect. We will contact you to agree on the next steps.

7.10 Confirmation. After receipt of the claimed goods, confirmation of receipt of the complaint and its contents will be sent to the email address you provided.

8. Methods of handling and closing the complaint

8.1 What will influence my options. You will have the right to request removal of the defect that has occurred. Depending on your choice, you may select:

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

8.1.3 delivery of the missing part.

Your request should not be unreasonable. If repairing the item would cause us considerable difficulty or if the request is not reasonable in view of 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 in the product or the product's value.

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

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 purchase contract and request a refund of the purchase price. This will not be possible in a situation where the defect in the product is not significant. What situations will allow you to withdraw from the purchase contract and request a refund of the purchase price:

8.3.1 we refuse to remedy the defect in the product or have not remedied the defect within a reasonable period;

8.3.2 it will be evident from our statement or another circumstance that the defect will not be remedied within a reasonable period or without considerable difficulty for the buyer;

8.3.3 the defect in the product repeatedly manifests itself; or

8.3.4 it constitutes a substantial breach of the purchase contract.

8.4 When will it be possible to request a reasonable reduction in the purchase price of the product? In certain situations, you may request a reasonable reduction in the purchase price. This will not be possible in a situation where the defect in the product is not significant. What situations will allow you to request a reasonable reduction in the purchase price?

8.4.1 we refuse to correct the product defect or have not corrected it within a reasonable period;

8.4.2 it will be evident from our statement or another circumstance that the defect will not be corrected within a reasonable period or without considerable difficulty for the buyer;

8.4.3 the product defect manifests itself repeatedly; or

8.4.4 this constitutes a substantial breach of the purchase contract.

8.5 You inform us how to process the claim. You are obliged to inform us of the right you have chosen due to defective performance, either when notifying us of the defect or without undue delay after notifying us of the defect. You may not change your choice without our consent; this does not apply if you request the repair of a defect that proves irreparable.

8.6 Return of the original goods. When processing a claim by delivering a new product, you are required to return the product originally delivered to us (unless otherwise agreed). The customer may not request delivery of a new product (nor withdraw from the purchase contract) if they cannot return the product in the condition in which they received it. This does not apply if you used the product before discovering the defect or if its condition changed when the defect was detected. Moreover, this applies where, through no fault of your own, the product cannot be returned in its original condition.

8.7 When will the claims process be closed? The claims process is closed within a period of 3 weeks from exercising the right related to defects, unless otherwise agreed.

8.8 Closure of the claim. If the claimed goods were sent to us by the carrier for a claim, they will automatically be returned to your address after processing, accompanied by confirmation of the date and method of processing the claim, including confirmation of the correction made and the duration of the claim, as well as justification for rejecting the claim.

8.9 Obligation upon receipt of the claimed goods. You are also obliged to inspect all the claimed goods upon receipt, in particular to verify that the shipment contains everything it should contain. Subsequent objections will no longer be taken into account.

9. Protection of personal data

9.1 Principles for processing personal data. For more information about the personal data we process, how, for what purpose, and for how long it is processed, please see our principles for processing personal data.

10. Force majeure

10.1 What constitutes force majeure. For the purposes of these Terms and Conditions, force majeure is considered to be any obstacle arising independently of our will that prevents us from fulfilling our obligation, if it cannot reasonably be assumed that we could have avoided, overcome or foreseen such obstacle or its consequences. Excluding effects

liability is limited only for the duration of the obstacle to which these effects are related.

11. Alternative dispute resolution

11.1 Out-of-court dispute resolution. For the out-of-court resolution of consumer disputes arising from a purchase contract, the Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, identification number: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform available at https://ec.europa.eu/consumers/odr can 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 an out-of-court dispute resolution procedure, we recommend contacting us at our email address info@pelek.fr. We always first try to resolve the dispute amicably. Your complaints

will be processed within no more than 2 business days (48 hours; this period may be extended by days of rest and public holidays commonly observed in the Czech Republic).

12. Final provisions, including applicable law and jurisdiction

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

12.2 Invalid or ineffective provisions of the GTC. If a provision of the GTC is or becomes invalid or ineffective, a provision whose meaning most closely approximates that of the invalid provision shall take effect in its place. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

12.3 Applicable law. In the event of an international element, we agree that our legal relationship will be governed by the law of the Czech Republic, excluding all provisions of conflict-of-law rules that refer to another law. However, this choice of law must not deprive the consumer user of the protection afforded by the provisions of the law of their habitual residence. The contracting parties expressly agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. Under Article 6(2) of the Rome I Regulation, the mandatory provisions of the law that would apply without this clause always apply.

12.4 Disputes and jurisdiction. The contracting parties further agree that, for resolving any disputes arising from the purchase contract involving an international element, the competent courts will always be those at our registered office. This does not affect consumers' rights under special legal provisions.

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. Agreements deviating from the GTC in the purchase contract take precedence over the provisions of the GTC.

12.6 Requirement to read the GTC in order to conclude a purchase contract. Reading these GTC is voluntary, but unfortunately it is not possible to conclude a purchase contract without reading them.

12.7 Validity of the GTC. These GTC are valid from 01.01.2024 and invalidate the previous commercial terms.