General terms and conditions of sale

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

Contact details
Basic concepts
Information provided to customers before concluding the purchase contract
Process of concluding the purchase contract
Price of the goods 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, Czechia

Company ID: 26719941

VAT number: CZ26719941

Authorized representative: Sergii Kryvulia

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

Registered office address: Peteřska nam 2, 11000 Prague,

(hereinafter the "seller" or "we")

Telephone: +420774242766

Email: info@prelek.it

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

2. Basic concepts

2.1 These general terms and conditions (hereinafter 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 sales contract (hereinafter the "sales contract")

concluded between us and consumers or entrepreneurs (hereinafter the "customer" or "you") via PELEK Distribution s.r.o. on prelek.it.

2.2 Online store. The seller's online store (hereinafter the "online store") is operated on the website prelek.it PELEK Distribution s.r.o.

2.3 What can you purchase from us? In our online store, PELEK Distribution s.r.o., you can purchase the products we display and offer. If a license for use is offered, it is included with the product.

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 sales contract with us or otherwise acts with us in a legal capacity (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 Products with digital content. These Terms and Conditions apply accordingly to contracts for the supply of products with digital content, unless otherwise stated. Digital content means data created and supplied in digital form.

2.6 Products with digital elements. These Terms and Conditions apply accordingly to contracts for the supply of physical data media used exclusively as media for digital content, unless otherwise stated. Digital content means data created and supplied in digital form.

2.7 Disposal of electrical equipment. In view of the obligations set out in Section 38 of Act No. 185/2001 Coll., on waste, as amended by subsequent regulations, we inform customers that old electrical equipment may be delivered free of charge for disposal to the following address: Kirilovova 181, 739 21 Paskov, .

3. Communications to customers before the conclusion of the purchase contract

3.1 Seller authorization and supervisory authorities. We are authorized to sell goods on the basis of a trade license. Trade supervision is carried out by the competent trade licensing office within the scope of its authority. Personal data supervision is carried out by the Office for Personal Data Protection. Within the limits established by law, the Czech Trade Inspection Authority also supervises 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 additional costs for telecommunications services (e.g.

if you call us at our telephone number, you will only pay your normal call rate).

3.4 Consumers have the right to withdraw from the purchase contract without giving reasons for a period of at least 14 days, which begins no later than on the day the goods are received (or the last product, partial delivery or final item in the case of a contract for multiple items of goods from a single order, or the delivery of goods in multiple partial deliveries or items). The seller may provide a longer period. To meet the deadline, it is sufficient to send a notice concerning the exercise of the right of withdrawal before that period expires.

3.5 Withdrawal form for the purchase contract. To exercise your right to withdraw from the contract, you must do so clearly by contacting us at our email address, telephone number or address, or by other means. For this purpose, you may use the attached withdrawal form for the purchase contract, but this is not mandatory.

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

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

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

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

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

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

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

3.6.7 for the supply of services, if they have been provided in full; in the case of a paid service, only if performance began with the consumer's prior express consent before the expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that the right to withdraw from the contract is lost upon completion of the service;

3.6.8 for urgent repairs or maintenance that must be carried out at a place designated by the consumer at their express request; however, this does not apply to the performance of unsolicited repairs or the supply of goods other than the spare parts necessary to carry out the repair or maintenance;

3.6.9 for the supply of digital content, if it was not supplied on a tangible medium and was supplied with your prior express consent before the expiry of the withdrawal period for the purchase contract, and we informed you before concluding the purchase contract that in such a case you have no right to withdraw from the purchase contract.

3.7 Value of the returned goods and related return costs. 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 covers 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 to you (excluding additional costs if you chose a type of delivery other than the cheapest standard delivery offered by the seller), using the same payment method used for the purchase, unless otherwise agreed, no later than 14 days from the date on which we receive the returned item or you reliably prove that it has been sent. You will not be charged any costs for this refund. If we do not receive the returned goods, we are entitled not to refund the purchase price to you.

3.9 Address for returning the goods. The return label is usually available in your account on prelek.it. If we have not provided a label for returning the goods, use this address to return the goods: Kirilovova 181, 739 21 Paskov, . Alternatively, please contact us at the e-mail address info@prelek.it or telephone number 601548120, to ensure your rights regarding the return of the goods and agree on an individual procedure.

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

4. Process of concluding the purchase contract

4.1 Creating the order. The customer may select one or more items by adding them to the virtual shopping cart, where they can view the selected items, change their quantities, or remove them from the cart. By pressing the “Checkout” button, the customer is asked to enter shipping information and choose a payment method. Before completing the order, the customer may review and modify the information entered in the order, including the customer's details. By clicking the “Binding order with payment obligation” 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 reviewed and accepted these T&Cs and our personal data processing policies.

4.3 Consent of the legal representative for a minor customer. If a minor customer makes a purchase in 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 completing the order. By placing the order, the customer confirms that they have reviewed and understood this information.

4.5 Order confirmation. The seller confirms acceptance of the customer's order by sending the customer an order confirmation by email. This order confirmation serves only to inform the customer that the order has been accepted and will be processed no later than 2 business days after the customer places the order. The purchase contract is already concluded when the “Binding order with payment obligation” button is pressed.

4.6 Contract language. The contract language is Italian.

4.7 Obligations arising from the purchase contract. Upon conclusion of the purchase contract, we undertake to deliver the purchased goods 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 GTC and contract withdrawal form. The customer will receive a copy of the concluded purchase contract, namely the current text of these GTC. The consumer customer will also receive the contract withdrawal form within the statutory period.

5. Price 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 the delivery of the goods are also available on the seller's description page. We reserve the right not to offer the customer a partial payment method in individual cases. 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 means a price below our purchase price, we reserve the right to remove this item from the offer to conclude the purchase contract submitted by you. You will be informed of this by email.

5.4 Invoice format. We agree that invoices will be sent electronically to your email address.

5.5 Full payment of the purchase price. We reserve title to the goods until the purchase price has been paid in full in accordance with the respective 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 specific type of goods. We always undertake to deliver within a maximum of 30 days. You will be informed of any changes to the delivery time

We will always inform you about 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 a surcharge for the selected payment method. Unless explicitly 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 provided by the customer in the order.

6.3 Shipping method. The customer may choose the shipping method for the goods to any address specified in the order.

6.4 Reshipment and associated costs. If, for reasons attributable to you, it is necessary to reship the goods repeatedly or in a manner different from that specified in the order, you are required to cover the costs associated with reshipping the goods or with another 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 was supposed to receive the goods from the carrier, it passes

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

6.6 Customer's obligations upon receipt of the goods. Upon receiving the goods, you are obliged to inspect them and verify their characteristics (in particular, whether you have received the correct type of goods, whether the goods are of the agreed quality, and whether the packaging contains everything it should according to the instructions). In the event of visible damage to the shipment caused by the carrier, the customer is obliged not to accept the shipment from the carrier at all. We accept no responsibility for damage caused by the carrier or for delays in the delivery of the goods, regardless of the cause of the delay.

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

7. Rights arising from defective performance

7.1 Defective performance. This section of the general terms and conditions applies to the regulation of rights and obligations when exercising rights arising from defective performance in the sale of goods between us as the seller and the customer as the buyer.

7.2 When to report a defective product. You are obliged to notify us of defects in the product (to report them) without delay as soon as the defect becomes apparent. Otherwise, a court will not recognize your right due to defective performance. You have the right to assert a defect that occurs in a consumer product within 24 months of receiving that product. This does not apply to products for which, in accordance with other regulations, the period during which the product may be used is indicated on the packaging, label, in the manual accompanying the product, or in advertising. The provisions on the quality guarantee (contractual warranty) apply here.

7.3 What happens after 24 months? After the unsuccessful expiry of 24 months, it will no longer be possible to assert defects in the product. If applicable to the product in question, this period is extended by the time during which you were unable to use the product because it was subject to a legitimate complaint. Although we strive to handle complaints to your satisfaction, some products must be handled in accordance with the instructions indicated on the packaging/label/information sheet; otherwise, they may be damaged.

7.4 Contractual warranty. If a voluntary contractual warranty exceeding 24 months from receipt of the goods has been provided for the product in question, you may assert defects in the product during that period. The period is extended by the time during which you were unable to use the product because it was subject to a legitimate complaint.

7.5 Presumption that the goods are defective. If the defect becomes apparent within 12 months of 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 responsible for? We are not responsible for defects in the following cases: 7.6.1 if the defect in the goods was present at the time of receipt and a discount on the purchase price was agreed for that defect.

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

7.6.3 is caused by you and occurred due to improper storage, inadequate maintenance, your intervention, or mechanical damage, in conditions that do not correspond to the temperature, dust, humidity, or other environmental influences directly specified by us or the manufacturer (usually in the package leaflet / on the goods' label), or resulting from regulations.

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

7.6.5 the goods were used in conditions that do not correspond to the temperature, dust, humidity, chemical and mechanical effects of the environment directly specified by the retailer or manufacturer, or resulting from regulations.

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

7.7 What do I need to do to assert a defect in the goods? To assert your rights arising from defects in the goods, contact us through your user account on prelek.it. We will then contact you and agree on the next steps. Alternatively, contact us directly at our email address.

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

7.9 Returning the claimed goods to the retailer. The goods must be returned complete and undamaged (except for the claimed defect), ideally in the undamaged original packaging, so that we can comply with proper hygiene procedures. We will cover the costs of remedying the defect. We will contact you to agree on the next steps.

7.10 Confirmation. After receiving the claimed goods, we will send confirmation of receipt of the claim and its contents to the email address you provided.

8. Methods of resolving and closing a claim

8.1 What will affect my options? You will have the right to request remedy of the defect. At your discretion, you may choose:

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

8.1.3 provision of the missing part.

Your request should not be unreasonable. If repairing the item would entail considerable difficulty for us or would not be a reasonable request in relation to the item's value and the significance of the defect, we will inform you. We will proceed in the same way if we consider your request for the provision of a new item unreasonable in view of the defect in the goods or the value of the goods.

8.2 If this constitutes a material breach of the purchase contract. If the defect constitutes a material breach of the purchase contract, you will have the right to withdraw from the purchase contract or request a reasonable discount on 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 purchase contract and request a refund of the purchase price. This will not be possible in situations where the defect in the goods is not significant. In which situations will you be able 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 goods or have not repaired 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 time or without considerable difficulty for the purchaser;

8.3.3 the defect in the goods recurs; or

8.3.4 this constitutes a material breach of the purchase contract.

8.4 When will it be possible to request a reasonable discount on the purchase price of the goods? In certain situations, you may also request a reasonable discount on the purchase price. This will not be possible in situations where the defect in the goods is not significant. In which situations will you be able to request a reasonable discount on the purchase price?

8.4.1 we refuse to remedy the defect in the goods or have not repaired the defect within a reasonable period;

8.4.2 it is evident from our statement or other circumstances that the defect will not be remedied within a reasonable time or without considerable difficulty for the buyer;

8.4.3 the defect in the goods occurs repeatedly; or

8.4.4 it constitutes a material breach of the purchase contract.

8.5 You will inform us how you wish to resolve the claim. You are obliged to inform us which right arising from defective performance you have chosen when reporting the defect or without undue delay after reporting the defect. The choice made may not be changed without our consent; this does not apply if you request the repair of a defect that proves to be irreparable.

8.6 Return of the original goods. If the claim is resolved by supplying new goods, you are obliged to return the goods originally supplied (unless otherwise agreed). The customer may not request the supply of new goods (nor withdraw from the purchase contract) if they cannot return the goods in the condition in which they received them. This does not apply if you used the goods before discovering the defect or if the condition changed during the examination of the defect. It also does not apply if, through no fault of your own, it is impossible to return the goods in their original condition.

8.7 When is the claims process closed? The claims process is closed within 3 weeks of exercising the rights arising from defects, unless otherwise agreed.

8.8 Closure of the claim. If the claimed goods were sent to us for the claim via a courier, they will automatically be sent back to your address together with confirmation of the date and method of resolving the claim, including confirmation that corrective measures were taken and the duration of the claim, possibly accompanied by the reasons for rejecting the claim.

8.9 Obligation when collecting the claimed goods. You are also obliged to check that the claimed goods are complete when collecting them, in particular that the shipment contains everything it should contain. Any subsequent objections will not be considered.

9. Protection of personal data

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

10. Force majeure

10.1 What constitutes force majeure. For the purposes of these General Terms and Conditions, force majeure means any impediment arising independently of our will that prevents us from fulfilling our obligations, unless it is reasonably foreseeable that we can avoid, overcome, or anticipate such impediment or its consequences. Exclusive effects

liability is limited only for the period during which the impediment causing these effects persists.

11. Alternative dispute resolution

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

11.2 European Consumer Centre Czechia. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: https://evropskyspotrebitel.cz is the point of contact 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 consumer dispute resolution).

11.3 Complaints. Before initiating out-of-court dispute resolution, we recommend contacting us at the email address info@prelek.it. We always seek to resolve disputes amicably.

will be handled within 2 business days (48 hours; this period may be extended by rest days and public holidays observed in the Czech Republic).

12. Final provisions, including applicable law and jurisdiction.

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

12.2 Null or ineffective provisions of the GTC. If a provision of the GTC is or becomes null and void or ineffective, it shall be replaced by a provision whose meaning comes as close as possible to that of the null and void provision. The nullity or ineffectiveness of one provision shall not affect the validity of the other provisions.

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

12.4 Disputes and jurisdiction. The contracting parties also agree that, for the resolution of any disputes arising from the purchase contract involving an international element, the courts at our registered office shall always have jurisdiction. This does not affect consumers' rights under special statutory 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. Different provisions may be agreed in the purchase contract. Any provisions in the purchase contract that differ from the GTC take precedence over the provisions of the GTC.

12.6 Need to accept the GTC to conclude the purchase contract. Accepting these GTC is optional, but unfortunately, without accepting them, it is not possible to conclude a purchase contract.

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