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.
Contents
- Contact details
- Basic concepts
- Information provided to customers before concluding the purchase contract
- Process for 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 procedure
- 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 ID: 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 referred to as the "seller" or "we")
Telephone: +420 705 724 353
Email: info@prelek.it
Customer service: We provide customer support to our customers at the telephone number and email address listed 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 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 sales contract (hereinafter referred to as the "sales contract")
concluded between us and consumers or entrepreneurs (hereinafter referred to as the "customer" or "you") via PELEK Distribution s.r.o. on prelek.it.
2.2 Online store. The seller's online store (hereinafter referred to as 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 their independent professional practice, enters into a sales contract with us or otherwise acts with us in a legal capacity (hereinafter "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 as appropriate 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 as appropriate to contracts for the supply of physical data media that serve exclusively as media for digital content, unless otherwise stated. Digital content means data created and supplied in digital form.
2.7 Take-back of electrical equipment. In view of the obligations under 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 fees for telecommunications services (e.g.
if you call our telephone number, you will pay only 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, beginning 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 for multiple goods from a single order, or the supply 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 the end of that period.
3.5 Form for withdrawing from the purchase contract. To exercise your right to withdraw from the contract, you must do so clearly by contacting us at our e-mail address, telephone number or address, or by any 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 has no 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, which 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, under the contract, they are to 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 provision of services, if they have been provided in full; in the case of a paid service, 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 the right to withdraw from the contract expires upon completion of the service;
3.6.8 for urgent repairs or maintenance, which 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 has not been supplied on a tangible medium and has been supplied with your prior express consent before the expiry of the withdrawal period for the purchase contract, and we have informed you before concluding the purchase contract that in such a case you do not have the 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 (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 time we receive the returned item or are reliably shown that it has been sent. 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 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 email 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 becomes ineffective 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 quantity, or remove them from the cart. By pressing the “Checkout” button, the customer is prompted to enter shipping information and choose a payment method. Before completing the order, the customer is allowed to review and modify the information entered in the order, including the customer's details. By clicking the “Binding 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 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 obligation to pay” button is pressed.
4.6 Contractual language. The contractual language is Italian.
4.7 Obligations arising from the purchase agreement. By concluding the purchase agreement, we undertake to deliver the purchased goods and enable you to acquire title to the goods. By concluding the purchase agreement, you undertake to take delivery of the goods and pay us the price of the goods.
4.8 Copy of the GTC and withdrawal form. The customer will receive a copy of the concluded purchase agreement, namely the current text of these GTC. The consumer customer will also receive the form for withdrawing from the purchase agreement 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 associated costs of 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 below-market price is displayed, where a below-market price means a price below our purchase price, we reserve the right to remove this item from the offer to conclude the purchase agreement made 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 Payment of the purchase price in full. We reserve title to the goods until the purchase price has been paid in full in accordance with the relevant purchase agreement.
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 particular 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 agreed costs associated with packaging and delivery of the goods, as well as a surcharge 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 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 Redelivery and associated costs. If, for reasons attributable to you, the goods must be redelivered repeatedly or in a manner different from that specified in the order, you are required to cover the costs associated with redelivering the goods or the costs associated with another delivery method.
6.5 Receipt of the goods. When the customer receives the goods, the risk of damage and accidental deterioration in the quality of the purchased goods passes to the customer. If the customer was 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 take possession of the goods, but not before the end of the stated delivery period.
6.6 Customer's obligations upon receipt of the goods. Upon receiving the goods, you are required 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 goods in their packaging contain everything they should contain according to the instructions). 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 at all. We accept no liability 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 incurred by the seller due to non-acceptance of the goods. If the consumer customer does not accept the goods upon delivery by the carrier, 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 demand from the customer the costs charged by the carrier for returning the goods to the seller. This cost constitutes damage incurred 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 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 a defective product. You are obliged to notify us of defects in the product (to complain about them) without delay as soon as the defect becomes apparent. Otherwise, the court will not recognize your right due to defective performance. You have the right to assert a defect occurring in a consumer product within 24 months of receiving this product. This does not apply to products for which the period during which the product may be used is indicated on the packaging, label, manual accompanying the product, or in advertising, in accordance with other regulations. The provisions on the quality warranty (contractual warranty) apply here.
7.3 What happens after 24 months? After the fruitless 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 at all times, some products must be handled according to the instructions indicated on the packaging/label/information sheet - otherwise they may be damaged.
7.4 Contractual warranty. If a voluntary contractual warranty of more than 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, improper maintenance, your intervention or mechanical damage, all under 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 result from regulations.
7.6.4 goods that have been modified by the customer and the defect arose as a result of such modification.
7.6.5 use of the goods under conditions that do not correspond to the temperature, dust, humidity, chemical and mechanical influences of the environment, which are directly specified by the retailer or manufacturer, or result 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 claim a defect in the goods? To exercise your rights arising from defects in the goods, contact us through your user account on prelek.it; based on this, we will 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 at the moment we receive your details regarding the claim concerning 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 proper hygiene procedures can be followed. 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, a confirmation of receipt of the claim and its contents will be sent to the e-mail 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 removal of the defect. At your discretion, you may select:
8.1.1 repair of the item; 8.1.2 supply of a new item; or
8.1.3 supply of the missing part.
Your request should not be unreasonable. If repairing the item would cause us considerable difficulty 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 to supply a new item 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 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 is evident from our statement or other circumstances 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 goods occurs repeatedly; 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 additionally 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 will be 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 appears repeatedly; or
8.4.4 it constitutes a substantial breach of the purchase contract.
8.5 You will inform us how the complaint will be handled. 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 cannot 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 complaint is handled by supplying new goods, you are required to return the goods originally supplied (unless otherwise agreed). The customer cannot 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 a change in their condition occurred during the inspection of the defect. It also does not apply where, through no fault of your own, it is not possible to return the goods in their original condition.
8.7 When is the complaint process closed? The complaint process is closed within 3 weeks from asserting the rights arising from defects, unless otherwise agreed.
8.8 Closure of the complaint. If the claimed goods were sent to us for the complaint via a courier, they will automatically be sent back to your address together with confirmation of the date and method of resolving the complaint, including confirmation of the adoption of corrective measures and the duration of the complaint, possibly with reasons for rejecting the complaint.
8.9 Obligation upon collection of the claimed goods. You are also obliged to check that the claimed goods are complete upon collection, in particular that the shipment contains everything it should contain. Any subsequent objections will not be taken into consideration.
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 is meant by force majeure. For the purposes of these General Terms and Conditions, force majeure means any obstacle that arises independently of our will and prevents us from fulfilling our obligations, unless it is reasonably foreseeable that we can avoid, overcome or anticipate such obstacle or its consequences. Exclusive effects
liability is limited only to the period during which the obstacle 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 address: https://adr.coi.cz/cs, is responsible 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 address: https://evropskyspotrebitel.cz is the point of contact pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution 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 processed within 2 business days (48 hours; this period may be extended to include 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 Invalid or ineffective provisions of the GTC. If a provision of the GTC is invalid or ineffective, or becomes so, it shall be replaced by a provision whose meaning comes as close as possible to that of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
12.3 Legal system. Where there is an international element, we agree that our legal relationship shall be governed by the laws of the Czech Republic, excluding all provisions of conflict-of-law rules that refer to another legal system. However, this choice of law must not deprive a consumer user of the protection afforded by the provisions of the legal system of the country 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. Pursuant to Article 6(2) of the Rome I Regulation, the mandatory provisions of the law that would be applicable without 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 in which there is an international element, the courts at our registered officeshall always have jurisdiction. This does not affect consumers' rights under special legal regulations.
12.5 If we agree on different terms for the conclusion of the purchase contract. The provisions of the GTC form an integral part of the purchase contract. Provisions differing from the GTC 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 Requirement to accept the GTC for the conclusion of 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.
