General terms and conditions of sale

Principal Elektrik s.r.o. for the sale of goods through the online store located at pelek.eu under the name Principal Elektrik s.r.o.

Content

  1. Contact information
  2. Basic concepts
  3. Communication to customers before concluding the purchase contract
  4. Purchase contract conclusion process
  5. Price of goods and payment methods
  6. Delivery of goods and place of fulfillment
  7. Rights regarding defective performance
  8. Complaint handling and closure procedures
  9. Personal data protection
  10. Force majeure
  11. Alternative dispute resolution
  12. Final part, including applicable law and jurisdiction

1. Contact details

1.1 Online store operator:

Principal Elektrik s.r.o.

Registered office: Osadní 869/32, 17000 Prague, Czech Republic

Company code: 03402614

VAT number: CZ03402614

Authorized representative: Sergii Kryvulia

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

Registered office address: Peteřska nam 2, 11000 Prague,

(hereinafter "seller" or "we")

Telephone: +420774242766

Email: shop@pelek.eu

Customer service: We provide customer support to our customers at the phone number and email address indicated above on working days from 9:00 to 17:00.

2. Basic concepts

2.1 These general terms and conditions (hereinafter "GTC") of the seller regulate the mutual rights and obligations of the contractual parties arising in connection with or based on a sales contract (hereinafter "sales contract")

concluded between us and consumers or entrepreneurs (hereinafter "customer" or "you") through Principal Elektrik s.r.o. on pelek.eu.

2.2 Online store. The seller's online store (hereinafter "online store") is operated on the website pelek.eu Principal Elektrik s.r.o.

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

2.4 Who is considered a consumer? A consumer is any natural person who, outside the scope of their commercial activity or outside the scope of the independent exercise of their profession, concludes a sales contract with us or legally acts in another way with us (hereinafter "consumer"). The online store is intended exclusively for customers who are consumers. Sales to companies are not possible.

2.5 Products with digital content. These GTC apply appropriately to contracts for the supply of products with digital content, unless otherwise stated. Digital content means data created and provided in digital form.

2.6 Products with digital elements. For contracts for the supply of physical data carriers, which serve exclusively as carriers of digital content, these GTC apply accordingly, unless otherwise stated. Digital content means data created and provided in digital form.

2.7 Collection of electrical devices. In consideration of the obligations under Art. 38 of Act 185/2001 Coll. on waste, as amended by subsequent regulations, we inform customers that old electrical devices can be delivered free of charge for disposal at the address: Kirilovova 181, 739 21 Paskov, .

3. Communications to customers before concluding the purchase contract

3.1 Seller authorization and supervisory authorities. We are authorized to sell goods based on a commercial license. Commercial supervision is carried out by the competent commercial office within its jurisdiction. Personal data supervision is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority also exercises, within established limits, supervision over 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 means of telecommunication (e.g.

if you call us on our phone number, you will only pay your normal call rate).

3.4 Consumers have the right to withdraw from the purchase contract without providing reasons, for a period of at least 14 days, which starts at the latest from the day of receipt of the goods (or the last product, partial delivery, or last piece in the case of a contract for multiple pieces of goods from a single order, or the supply of goods in multiple partial deliveries or pieces). The seller may provide a longer period. To meet the deadline, it is sufficient to send a communication concerning the exercise of the right of withdrawal before the expiry of that period.

3.5 Withdrawal form from the purchase contract. To exercise your right of withdrawal from the contract, you must do so clearly, to our e-mail address, phone, or address, or in another way. For this purpose, you can use the attached withdrawal form from the purchase contract, but it is not mandatory.

3.6 When you do not have the possibility 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 their person;

3.6.2 on the supply of goods, the price of which depends on fluctuations in financial markets beyond our control which may occur during the withdrawal period;

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

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

3.6.5 on accommodation, transport of goods, vehicle rental, catering or leisure services, if they must be performed according to the contract 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 on the supply of services, if they have been fully provided; in the case of paid performance, only if it started with the prior explicit consent of the consumer before the withdrawal period expired and the entrepreneur informed the consumer before the conclusion of the contract that the right to withdraw from the contract expires with the provision of the service;

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

3.6.9 on the supply of digital content, if it was not supplied on a tangible medium and was supplied with your prior explicit consent before the withdrawal period expired and we informed you before the conclusion of the purchase contract that in such case you do not have the right to withdraw from the purchase contract.

3.7 Value of returned goods and related return costs. The direct costs of returning the goods are borne by you. If the value of the returned goods exceeds 990 Kč (990.01 Kč excluding shipping costs), the seller covers the return costs.

3.8 Refund of purchase price. In case of withdrawal from the purchase contract within the withdrawal period, we are obliged to refund you the purchase price (excluding additional costs if you chose a delivery method 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 moment we receive the returned item or it is reliably proven to us that it was sent. No costs will be charged to you for this refund. If we do not receive the returned goods, we have the right not to refund the purchase price.

3.9 Return address for goods. The return label is usually available in your account on pelek.eu. If we have not provided a return label, use this address for returning goods: Kirilovova 181, 739 21 Paskov, . Alternatively, please contact us via the email address shop@pelek.eu or phone number 601548120 to ensure your rights for returning goods and to arrange an individual procedure.

3.10 Gift. If a gift is provided to the customer along with the goods, the donation contract between us and the customer is concluded with a resolutory condition, which means that if the customer or we withdraw from the purchase contract, the donation contract concerning that gift loses effect and the customer is obliged to return the gift provided with the goods.

4. Purchase contract conclusion process

4.1 Order creation. The customer can choose one or more items by adding them to the virtual cart, where they can view the selected items, modify their quantity, or remove them from the cart. By pressing the “Checkout” button, the customer is prompted to enter shipping information and choose the payment method. Before completing the order, the customer is allowed to review and modify the data entered in the order, including customer data. By clicking the “Binding order for payment” button, the ordering process is completed and the purchase contract is concluded.

4.2 Acceptance of the GTC. By sending 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 in our online store, prior consent from their legal representative is required.

4.4 Characteristics of the goods. The customer is obliged 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 via e-mail. This order confirmation only serves to inform the customer that the order has been accepted and will be processed, at the latest within 2 working days from the customer's placing of the order. The purchase contract is concluded at the moment the “Binding order for payment” button is pressed.

4.6 Contract language. The contract language is Czech.

4.7 Obligations arising from the purchase contract. By concluding the purchase contract, we undertake to deliver the purchased goods and to enable you to acquire ownership rights to the goods. You, by concluding the purchase contract, undertake to collect 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 contract, i.e. the current text of these GTC. The consumer customer will also receive the withdrawal form within the legal deadline.

5. Price of the goods and payment methods

5.1 Price. All prices of the goods are stated in Czech crowns (Kč) 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 goods. In case of displaying an unrealistic price of 0 Kč or a highly non-market price, where a non-market price is considered a price below our purchase price, we reserve the right to remove this item from the purchase contract offer made by you. You will be informed by email.

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

5.5 Full payment of the purchase price. We reserve ownership rights to the goods until full payment of the purchase price according to the relevant purchase contract.

6. Delivery of goods and place of fulfillment

6.1 Delivery of goods. The goods will be delivered within the delivery time indicated for the specific type of goods. We always commit to delivering within a maximum of 30 days. You will be informed of any changes in time

We will always inform you about the delivery. Along with the purchase price, you are 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 chosen payment method. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the 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 Method of transport. The customer can choose the method of transport of the goods to any address indicated in the order.

6.4 Redelivery and associated costs. If, for reasons attributable to you, it is necessary to redeliver the goods repeatedly or in a manner different from that indicated in the order, you are required to cover the costs associated with the redelivery of the goods, i.e., the costs associated with another delivery method.

6.5 Receipt of goods. At the moment the goods are received by the customer, the risk of damage and accidental deterioration of the quality of the purchased goods passes to the customer. If the customer was to receive the goods from the courier, it passes

The risk of accidental destruction and accidental deterioration of the quality of the purchased goods passes to the customer at the moment they are allowed to dispose of the goods, but not before the indicated delivery date.

6.6 Customer's obligation upon receipt of the goods. Upon receipt of the 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 according to the instructions). In case of visible damage to the shipment by the courier, the customer is obliged not to accept such shipment from the courier at all. We do not assume responsibility for damages caused by the courier, nor for delays in the delivery of the goods, regardless of the cause of the delay.

6.7 Damage that may result to the seller from the customer's failure to accept the goods. If the consumer customer does not accept the goods at the time of delivery by the courier, the goods are subsequently returned to the Seller and at the same time the consumer customer does not withdraw from the purchase contract within 14 days of the unsuccessful delivery of the goods, the seller has the right to claim from the customer the costs charged by the courier for returning the goods to the seller. This cost represents damage to the seller resulting from the violation of the customer's legal obligations.

7. Rights arising from defective performances

7.1 Defective performance. This part of the general conditions applies to the regulation of rights and duties in exercising rights arising from defective performances in the sale of goods between us as the seller and the customer as the buyer.

7.2 When to claim a defective product. You are obliged to assert the defects of the product (claim them) without delay as soon as the defect appears. Otherwise, the court will not recognize your right due to a defective performance. You have the right to assert a defect that occurs in a consumer product, within 24 months of receiving this product. This does not apply to products for which the packaging, label, manual attached to the product, or advertising indicates, in accordance with other regulations, the period during which the product can be used. The provisions on 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 of the product. If possible for the product in question, this term is extended for the period during which you could not use the product because it was under legitimate claim. Although we strive to handle claims always to your satisfaction, some products must be treated 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 longer than 24 months from receipt of the goods has been guaranteed for the product in question, you may assert defects of the product for that period. The term is extended for the period during which you could not use the product because it was under legitimate claim.

7.5 Presumption that the goods are defective. If the defect manifests within 12 months of receiving the goods, it is presumed that the goods were defective at the time of receipt, unless we prove otherwise.

7.6 For which defects are we not responsible? We are not responsible for defects in the following cases: 7.6.1 if the defect on the goods is present at the time of receipt and a discount on the purchase price was agreed for that defect.

7.6.2 the defect arose on the goods due to wear caused by normal use, or derives 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 in conditions that do not correspond to temperature, dust, humidity, other environmental influences and are thus directly indicated by us or the manufacturer (usually in the leaflet/label of the goods), or derive from regulations.

7.6.4 goods that have been modified by the customer and the defect arose due to such modification.

7.6.5 the use of the goods under conditions that do not correspond to temperature, dust, humidity, chemical and mechanical influences of the environment, which are directly indicated by the retailer or manufacturer, or derive from regulations.

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

7.7 What should I do to assert the defect of the goods? To assert rights arising from defects in the goods, contact us through your user account on pelek.eu, 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 sending the message exercising your right to claim, we will contact you within 2 working days. The moment of exercising the claim is considered the moment we receive from you the data related to the exercise of the claim of the goods.

7.9 Return of the claimed goods to the retailer. The goods must be returned complete, undamaged (except for the claimed defect), ideally in the original undamaged packaging, so that the rules of proper hygienic procedure can be respected. We will cover the costs for the removal of 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 content will be sent to the e-mail address you provided.

8. Ways to resolve and close the claim

8.1 What will affect my options. You will have the right to request the removal of the defect. At your choice, you can 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 for us the repair of the item involves significant difficulties or is not a reasonable request in relation to the value of the item and the importance of the defect, we will inform you. Likewise, we will proceed if we consider your request for the supply of a new item unreasonable in relation to the defect of the goods or the value of the goods.

8.2 If it is a substantial breach of the purchase contract. If the defect represents a substantial 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 can you request a refund of the purchase price? In some situations it will be possible to withdraw from the purchase contract and request a refund of the purchase price. It will not be possible in situations where the defect of the goods is not significant. The situations in which you can withdraw from the purchase contract and request a refund of the purchase price are:

8.3.1 we will refuse to remove the defect of the goods or have not repaired such defect within a reasonable time;

8.3.2 from our statement or other circumstance it will be evident that the defect will not be removed within a reasonable time or without significant difficulty for the buyer;

8.3.3 the defect of the goods occurs repeatedly; or

8.3.4 this is 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 some situations you may further request a reasonable discount on the purchase price. It will not be possible in situations where the defect of the goods is not significant. What will be the situations in which you can request a reasonable discount on the purchase price?

8.4.1 we will refuse to remove the defect of the goods or have not repaired such defect within a reasonable time;

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

8.4.3 the defect of the goods occurs repeatedly; or

8.4.4 this is a material breach of the purchase contract.

8.5 You will inform us how to handle the claim. You are obliged to inform us which right arising from a defective performance you have chosen, at the time of 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 irremediable.

8.6 Return of the original goods. In case of claim handling by providing new goods, you are required to return the originally supplied goods (unless otherwise agreed). The provision of new goods cannot be requested by the customer (nor can the purchase contract be rescinded) 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 there was a change in condition during the defect inspection. Also, this applies if, through no fault of yours, it is not possible to return the goods in their original condition.

8.7 When is the claim process closed? The claim process is closed within 3 weeks from the submission of the defect claim, unless otherwise agreed.

8.8 Claim closure. If the claimed goods have been sent to us for the claim via a courier, they will be automatically returned to your address along with a confirmation of the date and method of claim resolution, including confirmation of the adoption of corrective measures and the duration of the claim, possibly with a reason for the rejection of the claim.

8.9 Obligation at the time of collection of the claimed goods. You are also obliged to check the completeness of the claimed goods at the time of collection, in particular that the shipment contains everything it should. Any subsequent objections will not be considered.

9. Personal data protection

9.1 Principles of personal data processing. More information about which personal data we process, how, for what purpose, and for how long they are 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 occurring independently of our will that prevents us from fulfilling our obligations, if it is not reasonably foreseeable that we can avoid, overcome, or foresee such obstacle or its consequences. Exclusive effects

liability is limited only for the period during which the obstacle to which these effects are connected 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, tax ID: 000 20 869, internet address: 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 can be used to resolve disputes between the seller and the customer arising from a sales contract.

11.2 European Consumer Centre Czechia. European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: https://evropskyspotrebitel.cz is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

11.3 Complaints. Before initiating an out-of-court dispute resolution, we recommend contacting us at the e-mail address shop@pelek.eu. We always try to resolve the dispute amicably.

will be processed within 2 working days (48 hours, this period may be extended to rest days and national holidays common in the Czech Republic).

12. Final part, including applicable law and jurisdiction.

12.1 Commitment to respect consumer rights. If a provision of the GTC conflicts with legal regulations protecting consumers, the law prevails and we commit to comply with it.

12.2 Null or ineffective GTC provisions. If a provision of the GTC is null or ineffective, or becomes so, a provision whose meaning is as close as possible to that of the null provision shall replace it. The nullity or ineffectiveness of a provision does not affect the validity of the other provisions.

12.3 Governing law. In the case of the existence of an international element, we agree that our legal relationship shall be governed by the legal system 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 the consumer user of the protection provided by the provisions of the legal system of the country of habitual residence. The contracting parties agree to expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. Pursuant to Article 6, paragraph 2, of Regulation Rome I, mandatory provisions of the law that would apply 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 an international element is present, the courts according to the location of our registered office shall always have jurisdiction. This does not affect the rights of consumers under special legal regulations.

12.5 If we agree on different conditions for the conclusion of the purchase contract. The provisions of the GTC are an integral part of the purchase contract. Different provisions from the GTC may be agreed upon in the purchase contract. Divergent provisions in the purchase contract take precedence over the provisions of the GTC.

12.6 Requirement to accept the GTC for the conclusion of the purchase contract. Acceptance of these GTC is optional, but unfortunately without their acceptance it is not possible to conclude a purchase contract.

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